Legal Opinion

Pedersen v. J. F. Fitzgerald Construction Co.

New York Court of Appeals

Decided June 14, 1944PublishedCited by 5 opinions

1Opinion of the CourtLoughran, J.

This action was brought under section 16-b of the Fair Labor Standards Act (52 Stat. 1060; U. S. Code, tit. 29, § 201 et seq.) by employees against their employer to recover overtime compensation plus an equivalent amount as liquidated damages. The question was whether at the time in issue the plaintiffs were “ engaged in commerce ” in the sense of that phrase as used in sections 6 and 7 of the Act. (See Stoike v. First National Bank, 290 N. Y. 195.)

Special Term dismissed the complaint (173 Misc. 188) and its judgment was affirmed by the Appellate Division (262 App. Div. 665) and by this…

2Cases cited13 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
  3. McLeod v. ThrelkeldSupreme Court of the United States · 1943
  4. Cox v. . Lykes BrothersNew York Court of Appeals · 1924
  5. Stoike v. First National BankNew York Court of Appeals · 1943

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. J. F. Fitzgerald Construction Co. v. PedersenSupreme Court of the United States · 1945
  2. Greenberg v. Arsenal Bldg. CorporationCourt of Appeals for the Second Circuit · 1944
  3. Bess v. Ghana Philatelic Agency, Ltd.New York Supreme Court · 1962
  4. Pedersen v. J.F. Fitzgerald Construction CompanyNew York Court of Appeals · 1944
  5. Tedder v. Farrell Lines, Inc.Appellate Terms of the Supreme Court of New York · 1958

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