Ben Kanowsky, Inc. v. John W. Arnold

CAMERON, Circuit Judge.

Suing under the Fair Labor Standards Act. 1 “which creates the cause of action herein asserted by the plaintiff,” appellee Arnold recovered judgment against appellant Ben Kanowsky, Inc. for overtime wages and attorney’s fee 2 for the hours in excess of forty per week worked as appellant’s employee. The appeal is based upon appellant’s contention that the Federal statute did not apply to its operations, and in the alternative, that appellant’s business was exempted from the provisions of the Act. 3 The appeal will be decided on the exemption, the terms of which are…