Scarmato

Plaintiffs seek to recover compensation for overtime work allegedly performed for defendant employer, Northern California Thrift Co., said compensation alleged to be due and owing under the provisions of the Fair Labor Standards Act of 1938.

From February 13 to September 30, 1958, the period in issue, plaintiffs were employed by defendant as collectors of delinquent accounts. Both were hired by Joseph Márchese, branch manager, who testified that the terms of employment included a 40-hour work week- — 9 A.M. to 6 P.M. Monday through Friday — and monthly salaries of $400 for Scarmato and $350 for McGowan. McGowan received a $50 per month raise in May and each received a $25 increase on September 1, 1958.

Defendant apparently takes no issue with plaintiff’s contention that the latter were engaged in “commerce,” as that term is defined in the Fair Labor Standards Act. 29 U.S.C.A. § 203 (b). The sole evidence in this regard was plaintiffs’ uneontroverted testimony that 20-25% of their collections were out-of-state accounts. In the absence of evidence to the contrary, the court finds that the plaintiffs were engaged in “commerce” during the period in question.

Defendant employer…