The opinion of the court was delivered by: GIBSON
The Court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:
1. Plaintiff is the duly appointed and qualified Administrator of the Wage and Hour Division, United States Department of Labor.
2. Defendant is a Pennsylvania corporation, having its principal offices and plant in St. Marys, Pennsylvania, within the jurisdiction of this court.
3. Defendant is engaged in the manufacture of sewer pipes, flue linings and clay products, which it distributes in interstate commerce.
4. The kiln foremen involved, Walter Bankovich and Martin Oskorus, each normally worked 12 hours daily, seven days a week, from October 24, 1938, until the date of trial.
5. Neither Bankovich nor Oskorus received any additional compensation for hours worked in excess of 44 in work weeks during the year beginning October 24, 1938; and in excess of 42 in work weeks during the year beginning October 24, 1939, and for hours in excess of 40 since October 24, 1940 to date of trial.
6. Bankovich and Oskorus were compensated at a rate in excess of $30 per week.
7. Defendant maintained no record of hours worked by Bankovich and Oskorus.
8. Bankovich and Oskorus were required to labor manually, salting and firing the kilns.
9. This manual labor was of the same nautre as that performed by non-exempt employees.
10. A normal work week at defendant's plant is 40 hours at the present time.
11. Bankovich's and Oskorus' hours of work of the same nature as that performed by non-exempt employees exceeded 20% of the number of hours worked in the work week by the ...