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Steiner v. Pleasantville Constructors, Inc.

182 Misc. 66 Court Supreme Court, Appellate Term, First Department, Decision date 1944-06-01 English

Contents

Majority

p. 66
Dewitt W. Steiner, Respondent, v. Pleasantville Constructors, Inc., Appellant.
Supreme Court, Appellate Term, First Department,
June 1, 1944.
p. 67
Bernard Levy for appellant.
Henry Amster for respondent.

Plaintiff is not entitled to recover double time for Sunday work under the provisions of the Fair Labor Standards Act (U. S. Code, tit. 29, § 201 et seq.). Executive Order No. 9240 (as amd. by Executive Order No. 9248; 7 Fed. Reg. 7419 , eff. Oct. 1, 1942; also in note to U. S. Code, Supp. Ill, tit. 40, § 326) is not binding on the defendant.

The judgment should be modified by reducing-the amount thereof to the sum of $1,381.36, with interest and costs, and as modified affirmed, without costs.

Shibntag, McLaughlin and Hecht, JJ., concur.

Judgment modified.