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RAU v. DARLING'S DRUG STORE

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 31, 1975

Anna Mae Rau, Plaintiff,
v.
Darling's Drug Store, Inc., Defendant

Snyder, D. J.

The opinion of the court was delivered by: SNYDER

Opinion and Order

SNYDER, D. J..

 This is a proceeding brought under the provisions of Section 7 of the Fair Labor Standards Act, 29 U.S.C. ยง 207, in which the Plaintiff seeks to recover overtime compensation for the years 1972 and 1973. The Defendant contends that the Plaintiff was employed in an "executive capacity" and is thus exempt from those provisions. On December 12, 1974, this Court heard the matter in a Non-Jury Trial.

 Findings of Fact

 1. The Plaintiff, Anna Mae Rau (Rau), is forty-one years of age and has been employed continuously at Darling's Drug Store, Inc. (Darling's) since 1953.

 2. Darling's is a corporation whose stock was owned solely by Nathan Darling until the time of his death in 1973.

 3. Darling operated a neighborhood type retail drug store, located in the Uptown Section of the City of Pittsburgh, Allegheny County, Pennsylvania, on a seven days a week, fifty-two weeks a year basis. In 1972 the store hours were 7:30 A.M. to 8:00 P.M., but that closing time was first modified to 7:00 P.M. and subsequently changed to 6:00 P.M. 4. In the years in question, Darling's did business through five departments and in the following amounts: Fiscal Year Ending 3-31-72 Fiscal Year Ending 3-31-73 PRESCRIPTIONS $175,426.88 (48%) $160,167.47 (46%) DRUGS & SUNDRIES 44,838.32 (12%) 52,058.65 (15%) CANDY & TOBACCO 61,034.50 (17%) 65,335.96 (19%) COSMETICS 13,353.97 (4%) 9,275.82 (3%) FOUNTAIN 69,608.09 (19%) 59,121.91 (17%)

19750131

© 1992-2004 VersusLaw Inc.



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