Rankin v. Jonathan Logan, Inc.

MODARELLI, District Judge.

This is an action under the provisions of the Fair Labor Standards Act, as amended, of June 25, 1938, 52 Stat. 1060, Title 29 U.S.C.A. § 201 et seq., to recover overtime compensation, liquidated damages, and counsel fees. Defendant contends the plaintiff is a bona fide executive, and, therefore, exempt from the coverage of the Fair Labor Standards Act by Section 213(a) thereof which declares that the wages and hours requirement shall not apply "to any employee employed in a bona fide executive * * * capacity,” as that term is defined and limited by regulations of the…