Hendricks v. Di Giorgio Fruit Corporation

ROCHE, District Judge.

This is an action for overtime payment and an equal amount as liquidated damages brought under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216 ■(b), by the plaintiff on behalf of himself and all other employees similarly situated. It is not questioned that the defendant, which operates a winery, produces goods for interstate commerce and is therefore subject to the Act. The only question is the applicability of the exemptions provided therein by Section 7(b) (3) and (c), 29 U.S.C.A. § 207(b) (3), (c). 1

From the stipulated facts it appears that the…