United States v. United Wrecking Corp.

LAYTON, District Judge.

This is a criminal action brought under Section 215 of the Fair Labor Standards Act of 1938, as amended. 29 U.S. C.A. §§ 201-219. The evidence presents questions concerning coverage of the Act and the burden of proof to be borne by the government in a criminal proceeding such as this. Plaintiff has charged defendants with violations of the Act in four counts:

Count I — that defendants wilfully and unlawfully paid a night watchman named Samuel Wright less than the minimum wage of one dollar an hour during the period beginning January 8, 1958, and ending December 27, 1958.

C…