Schmidt v. Emigrant Industrial Sav. Bank

SWAN, Circuit Judge.

The plaintiff was employed by the defendant as “superintendent” of its 12 story building at 229 West 36th Street in New York City. A substantial part of this building was occupied by tenants engaged in the production of goods for interstate commerce, and it is conceded that the plaintiff was entitled to recover $751.68, with interest, as overtime wages and liquidated damages, unless he is exempted from the coverage of the Fair Labor Standards Act by section 13 thereof, which declares that the wages and hours requirements shall not apply to “any employee employed in a bona…