Kerew v. Emerson Radio & Phonograph Corp.

LEIBELL, District Judge.

The plaintiff has brought this suit under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., claiming that for a certain number of hours in various weeks from the date of his employment he was paid only straight time instead of time and a half for overtime. The suit is based upon Section 7 and Section 16(b) of the Fair Labor Standards Act.

*198The defendant has pleaded certain special defenses. He claims that under Section 13 of the Fair Labor Standards Act the plaintiff was in an exempt class and was not covered by the Act; that is, that he was employed in an…