Picker v. Rollins Leasing Corp.

Defendant appeals from a summary judgment for plaintiff in this action for overtime wages, vacation pay, statutory penalties, attorney fees and costs. We reverse and remand.1

Plaintiff worked for defendant from August 31,1983, until he voluntarily resigned on September 26, 1985. Several months after he quit, he brought this action. In its answer, defendant denied the material allegations of the complaint and pled as affirmative defenses that plaintiff was exempt from overtime pay requirements, 29 USC § 213(a) (1), and that his trustee in bankruptcy was the real party in interest.2 Plaintiff…