Albert S. Craig v. Far West Engineering Company, Inc., a Corporation, Far West Engineering Company, Inc., a Corporation v. Albert S. Craig
Opinion
Opinion
Barnes, J.
These cross-appeals involve ten consolidated similar causes of action filed in seven complaints by onetime employees of appellee Far West Engineering Company, a corporation (hereinafter sometimes referred to as Far West), to recover alleged unpaid overtime compensation; an equal amount in liquidated damages; and reasonable attorneys’ fees, pursuant to the Fair Labor Standards Act of 1938, as amended.
Jurisdiction below rests on 28 U.S.C. § 1337 and § 16(b) of the Act. Timely and proper cross-appeals have been taken here. 28 U.S.C. § 1291 .
Recovery was had in the district court by the ten plaintiffs below (hereinafter sometimes called the employees) in the following sums, respectively:
These judgments carried costs, but no equal sums for liquidated damages were allowed. The district court found that there was no dispute as to the employment by Far West of the ten plaintiffs, nor as to their rate of pay. Employment records indicated they were paid at varying hourly rates.
Far West contends that the employees were exempt for two reasons: (Point 1) the work they did was “engineering design” — not in interstate commerce, and (Point 2) the employees were supervisory or professional…