dollar volume of sales recognized as retail in the industry which was attributable to supplies and to equipment, respectively.
4. The burden was upon the defendant to prove that his employees were exempt from the provisions of §§ 206 and 207, 29 U.S.C.A., by the provisions of §§ 213(a)(1) and 213(a)(2), 29 U.S.C.A. Idaho Sheet Metal Works v. Wirtz, 383 U.S. 190, 15 L. Ed. 2d 694, 86 S. Ct. 737 (1966); Goldberg v. Furman Beauty Supply, Inc., 300 F.2d 16 (3d Cir. 1962). Defendant did not meet his burden of proof.
5. Defendant violated the minimum wage and overtime compensation provisions of the Act by failing to pay his employees, Josephine McLoota and Victor Sidola, wages at rates equal to the minimum rate prescribed by § 206, 29 U.S.C.A., that is, one dollar and fifteen cents ($1.15) per hour from June 3, 1963 to September 3, 1963, and one dollar and twenty-five cents ($1.25) per hour from September 3, 1963 to January 1, 1965, and by failing to compensate these said employees at a rate equal to one and one-half (1 1/2) times their regular rates for hours worked in excess of forty (40) in a workweek as prescribed by § 207, 29 U.S.C.A.
6. Defendant's employees, Josephine McLoota and Victor Sidola, performed work for defendant for which they were not properly paid; therefore, the burden shifted to defendant to show the precise amount of work performed or to negative the reasonableness of the inference to be drawn from plaintiff's evidence. Defendant did not meet his burden of proof.
7. Defendant failed to maintain the proper records as required by the regulations of the Secretary of Labor and published at 29 C.F.R. § 516.
8. Defendant violated the record-keeping provisions of the Act. (29 U.S.C.A. § 211(c).)
9. Prior to this action the defendant was aware of his duties and obligations under the Act, but nevertheless continued to violate its provisions with respect to minimum and overtime payments to his employees and to record keeping.
10. An injunction restraining defendant from violating the provisions of §§ 206, 207, 211(c), 215(a)(2), and 215(a)(5) of the Act should issue.
The injunction should also restrain the continued unlawful withholding of wage underpayments due the employees. In the event the employees refuse to accept the payment of back wages, such sums shall be paid into the Treasury of the United States.
11. The plaintiff is entitled to interest on the wages owing to Josephine McLoota and Victor Sidola at the rate of 6% from the median point of each employee's period of employment involved until the date of this order, plus costs. Wirtz v. Atlas Metal Spraying Co., 49 Lab. Cas. P31,551 (E.D. Pa.).