[Download] "Super-Cold Southwest Co. v. Mcbride" by United States Court of Appeals for the Fifth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Super-Cold Southwest Co. v. Mcbride
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 01, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The suit was under Section 16 of the Fair Labor Standards Act of 1938, to recover time and a half for overtime. The claim was that from October 24, 1938, to March 1, 1940, plaintiffs regular hourly rate of pay was forty-one and two-thirds cents per hour, and that in that period he worked a total of approximately 1,136 overtime hours, for which he was due sixty-two and one-half cents per hour. The defenses were: (1) a general denial; (2) that plaintiff was not engaged in commerce or in the production of goods for commerce; (3) that defendant is a retail and service establishment, the greater part of whose servicing and selling is in intrastate commerce, and therefore it is expressly exempted under Section 213, (a)(2), of 29 U.S.C.A., section 13(a)(2) of the act.