Browning v. Max Biederman, Inc.

WILKIN, District Judge (by designation) .

This case came on for hearing and was submitted on the pleadings, stipulation of facts, statements and argument of counsel, and pre-trial briefs.

The pre-trial order says:

“The only question at issue will be whether or not Max Biederman, Inc., is subject to Fair Labor Standards Act of 1938 as amended, and required to pay minimum wages and time and a half for overtime.”

From the opening statements of counsel, it became quite clear that the defendant claimed exemption from the Fair Labor Standards Act, by virtue of Section 13(a) (2), Title 29 U.S.C.A. § 213…