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WINDMASSINGER v. H.S. GETTY & CO.

September 29, 1948

WINDMASSINGER
v.
H. S. GETTY & CO., Inc.



The opinion of the court was delivered by: BARD

This is a civil action under the Fair Labor Standards Act *fn1" to recover unpaid overtime compensation allegedly due the plaintiff, together with liquidated damages and attorney's fees.

On the basis of the pleadings and the testimony, I make the following special

 Findings of Fact.

 1. The plaintiff is George Windmassinger.

 2. The defendant, H. S. Getty & Co., Inc., is a Pennsylvania corporation which was at all material times engaged in the manufacture of hardware which was shipped in interstate commerce.

 3. At all material times the defendant was engaged in the production of goods for commerce within the meaning of the Fair Labor Standards Act.

 4. The plaintiff was employed by the defendant as foreman in the defendant's Lock Department during the period from April 18, 1941 to August 16, 1945.

 5. The plaintiff was paid a salary of $ 48.30 per week commencing April 18, 1941. His salary was progressively increased until he was earning $ 72 per week from December 1, 1943 until August 16, 1945.

 6. The plaintiff had under his direction and supervision approximately fourteen employees.

 7. The plaintiff's time was spent in supervising the work of employees in the Lock Department, checking the work of his subordinates, and performing other duties of an executive nature which required the exercise of discretionary powers.

 8. At all material times the plaintiff was a bona fide executive employee of the defendant, in that

 (a) The plaintiff's primary duty consisted of the management of a customarily recognized department of the defendant, namely, the Lock Department;

 (b) The plaintiff customarily and regularly directed the work of other employees in the Lock Department;

 (c) The plaintiff's suggestions and recommendations as to the hiring or firing of other employees ...


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