Head v. HJ RUSSELL CONSTRUCTION COMPANY, INC.

Banke, Judge.

The appellant sued his former employer, H. J. Russell Construction Company, Inc., for damages for alleged violations of Section 7 (a) (1) of the Federal Fair Labor Standards Act (29 USC § 207 (a) (2)). The basis of his complaint was that he had not received overtime pay for overtime work as required by the Act. As a prerequisite to invoking the federal statute, the appellant was required to show that the appellee was "an enterprise engaged in commerce or in the production of goods for commerce.” 29 USC § 207 (a) (1), supra. The only evidence which he was prepared to offer on this…