Amelbo v. Pennsylvania Salt Mfg. Co.

McGRANERY, District Judge.

This is a suit to recover unpaid overtime compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Defendant has moved to dismiss on the ground that the complaint, as amended, fails to allege that the activities for which compensation is claimed were compensable by contract provision, custom or practice. Defendant claims that such an allegation is necessary under Section 2 of the Portal-to-Portal Act, 29 U.S.C.A. § 251 et seq. Plaintiff opposes the motion on two grounds, arguing that such an allegation is unnecessary because the Portal-to-Portal Act…