Robert Emmett Hoyt v. General Insurance Company of America, a Corporation

This action was brought by Robert Emmett Hoyt (hereafter Hoyt) to recover payment for overtime work from the General Insurance Company of America under Section 7 of the Fair Labor Standards Act, 29 U.S.C.A. § 207 . The lower court found for the defendant on the ground that plaintiff was an “administrative employee” within the meaning of Section 13 of the Act, 29 U.S.C.A. § 213 , and therefore exempt from the provisions of Section 7 of the Act.

Appellee, General Insurance Company of America (hereafter General) is engaged in the general insurance business; authorized to do business in Oregon and Washington, and engaged in interstate commerce.

Hoyt was employed by General from March 1, 1954 to May 15, 1955 for the purpose of inspecting boilers and various other types of machinery insured by General, and making reports to General concerning the condition of these machines and boilers. During his employment by appellee, Hoyt was assigned a territory within which it was his duty to inspect all the objects located therein which were insured by General. The scheduling of inspections was of appellant’s own making. In conducting his inspections, Hoyt necessarily had to crawl inside the…