Legal Opinion
Brothers v. Branch Motor Express Co.
Civil Court of the City of New York
Decided August 1, 1969Published
1Opinion of the CourtHarry T. Nusbaum, J.
This action was instituted by the plaintiff to collect overtime wages allegedly due to him pursuant to the provisions of sections 206 and 207 of chapter 8 of title 29 of the United States Code more commonly known as the Fair Labor Standards Act, §§ 6 and 7; (U. S. Code, tit. 29, §§ 206, 207).
In defense thereof the defendant pleads a general denial and, as affirmative defenses, (1) that the plaintiff was employed in an executive and administrative capacity and as such comes within the exemptions set forth in section 13 of the act (U. S. Code, tit. 29, § 213), and (2) that this court lacks…
2Cases cited9 opinions
- Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
- Walling v. Helmerich & Payne, Inc.Supreme Court of the United States · 1944
- Emerson v. Mary Lincoln Candies, Inc.New York Court of Appeals · 1941
- Emerson v. Mary Lincoln Candies, Inc.New York Supreme Court · 1940
- Tidewater Optical Co. v. WittkampSupreme Court of Virginia · 1942
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