Acme Tire and Battery Company, Inc. v. W. Willard Wirtz, Secretary of Labor, United States Department of Labor

ORIE L. PHILLIPS, Circuit Judge.

Acme Tire and Battery Company, Inc., hereinafter referred to as Acme, was engaged in the business of selling tires and batteries and recapping tires. From February 5, 1960, to September 15, 1961, Acme employed Frank Mathis as a recapper at its recapping shop in Tampa, Florida, and paid him $69 per week without regard to the specific hours worked per week or per day and without additional compensation for hours worked in excess of 40 per week. The Secretary of Labor, pursuant to a written request from Mathis, filed the instant action against Acme to recover…