Brittan v. Hudson & Manhattan R. Co.

BRIGHT, District Judge.

Defendant moves for summary judgment in this action, which is brought by employees of the defendant to recover under Section 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1069, 29 U.S.C.A. § 216(b), for unpaid overtime compensation and an additional equal amount as liquidated damages. Plaintiffs allege that during the period beginning October 24, 1938, (the date Section 7 of that Act became effective) and ending November 28, 1942, they had been employed by defendant for work weeks of forty-seven hours. The last mentioned section provides that no employer…