O'Neil v. Brooklyn Savings Bank

Judgment affirmed, with costs, without prejudice to an application in the trial court for reasonable attorney’s fee for services rendered upon an appeal.

We do not pass on the question whether the counsel fee heretofore granted is subject to increase for services rendered upon an appeal.

Two questions involving the construction of the Fair Labor Standards Act of 1938 and a question under the Federal Constitution were duly presented and necessarily passed upon by this court. The defendant contended:

1. That an action may not be maintained under section (b) of the Act by an employee solely for the…