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Kemp v. Day & Zimmerman

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eBook details

  • Title: Kemp v. Day & Zimmerman
  • Author : Supreme Court Of Iowa.
  • Release Date : January 15, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 87 KB

Description

The defendant during the progress of World War II, under direct orders and supervision of the United States War Department was engaged in the manufacture of shells, etc. at the ordnance plant near Burlington, Iowa, pursuant to a cost-plus-fee contract with the Federal Government. The appellees were foremen, assistant foremen and assistant supervisors in the employ of the defendant. On September 13, 1945, the petition of Everett L. Kemp and twenty-six others was filed against defendant for themselves and others similarly situated, alleging that during the employment they and the defendant were engaged in, and producing goods for, commerce within the meaning of the Fair Labor Standards Act (June 25, 1938, chapter 676, 52 Stat. at L. 1060, 29 U.S.C.A., sections 201-219), sometimes referred to as FLSA, and were entitled to the benefits of said Act. The petition, in separate paragraphs, set up the particular claim of each plaintiff, giving the beginning and termination of his employment, his weekly wage, and the amount owing him for overtime employment. The petition alleged that, by reason of the nature of their work, none of the plaintiffs under the [239 Iowa Page 832] orders of the Federal Wage and Hour Administrator was exempted from the benefits of the Act. Each plaintiff prayed for judgment in such amount for unpaid overtime as the court found, and unliquidated damages in an equal amount, and for reasonable attorney fees. Thereafter other employees similarly employed filed petitions of intervention with allegations and prayers in substance as in the petition, so that on May 6, 1947, the plaintiffs and intervenors numbered approximately one hundred twenty-one.


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