Super-Cold Southwest Co. v. McBride

HUTCHESON, Circuit Judge.

The suit was under Section 16 of the Fair Labor Standards Act of 1938, 1 to recover time and a half for overtime. The claim was that from October 24, 1938, to March 1, 1940, plaintiff’s regular hourly rate of pay was forty-one and two-thirds cents per hour, and that in that period he worked a total of approximately 1,136 overtime hours, for which he was due sixty-two and one-half cents per hour. The defenses were: (1) a general denial; (2) that plaintiff was not engaged in commerce or in the production of goods for commerce; (3) that defendant is a retail and service…