Martin v. Detroit Marine Terminals, Inc.

FREEMAN, District Judge.

This is a motion to strike one of defendant’s statutory defenses on the basis of alleged unconstitutionality of the statute. The motion arises out of an action brought pursuant to the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., for unpaid overtime compensation and liquidated damages.

The statutes involved in this case provide in pertinent part as follows:

29 U.S.C.A. § 216(b): “Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or…