Berlin v. Eimer & Amend

Plaintiff sued for overtime compensation, liquidated damages, and reasonable attorney’s fee under the Pair Labor Standards Act of 1938. (52 U. S. Stat. 1060; U. S. Code, tit. 29, §§ 201-219.), The defense was that plaintiff was employed in a bona fide executive, professional or administrative capacity and therefore was excluded from the benefits of the act. After *304trial without a jury at Trial Term, the court held in accordance with defendant’s contention that plaintiff was an exempt employee under the act and directed judgment in defendant’s favor dismissing the complaint on the merits.…