Legal Opinion
Lesser v. Sertner's, Inc.
Court of Appeals for the Second Circuit
Decided February 18, 1948No. 102, Docket No. 20783PublishedCited by 5 opinions
1Opinion of the Court
SWAN, Circuit Judge.
Lesser, the plaintiff, was employed by Sertner’s, Inc., from January 2, 1940 to March 17, 1944. Thereafter he brought suit for overtime compensation under section 7 of the Fair Labor Standards Act, 29 U.S.C.A. § 207, and obtained the judgment from which Sertner's has appealed. The questions raised by the appeal are, first, whether Lesser’s work brought him within section 7 as an employee “engaged in commerce or in the production of goods for commerce,” and, second, if it did, whether he was exempted by section 13(a) (2), 29 U.S.C.A. § 213(a) (2), which makes the provisions…
2Cases cited10 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- Mabee v. White Plains Publishing Co.Supreme Court of the United States · 1946
- Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
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3Cited by5 opinions
- Coast Van Lines, Inc. v. ArmstrongCourt of Appeals for the Ninth Circuit · 1948
- Wickham v. LevineNew York Supreme Court · 1965
- Bloemer v. EzellDistrict Court, W.D. Kentucky · 1953
- International Bus. MacH. Corp. v. State, Dept. of TreasuryNew Jersey Superior Court Appellate Division · 1976
- Burhans v. Montgomery Ward & Co.District Court, S.D. New York · 1952