Hodgson v. J. W. Lyles, Inc.

THOMSEN, District Judge.

In this action brought by the Secretary of Labor to restrain the two corporate defendants from alleged violations of the Fair Labor Standards Act, only one question remains for decision: whether during the years before February 1, 1967, the “truck stops” operated by defendants were “gasoline service stations” within the meaning of § 13(b) (8) of the Act as amended in 1961, Title 29 U.S.C.A. (1965 ed.), § 213(b) (8), and as such exempt from the “overtime” provisions of § 7 during those years. For reasons stated below, such an exemption would also affect subsequent years.