Acme Lumber Co. v. Shaw

Action by employee against employer to recover balance alleged to be due for minimum wage, overtime pay, liquidated damages, and attorney's fee, under the provisions of Fair Labor Standards Act of 1938. 52 Stat. 1060, §§ 1 to 19,29 U.S.C.A. §§ 201 to 219, inclusive. The employer, appellant, challenged the complaint by demurrer, on the ground that it presents no cause of action under said act.

The averments of the complaint pertinent to this inquiry appear in paragraphs 2 and 3, found in the report of the case.

The insistence is, in effect, that the complaint discloses plaintiff's employment was…