184 Misc. 206 | N.Y. Sup. Ct. | 1945
The action is by an employee to recover wages. The plaintiff moves to strike out the first and second defenses set up in the answer as insufficient in law. For the purposes of this motion the truth of the facts alleged in those defenses must be assumed. The defenses allege that the sum sued for represents an increase in wages promised by the employer, without the approval of the National War Labor Board. It is further alleged that the agreement for the increase was in violation of Executive Order No. 9250 (7 Fed. Reg. 7871), as amended by Executive Order No. 9381 (8 Fed. Reg. 13083), promulgated by the President of the United States pursuant to the Inflation Control Act of 1942 (U. S. Code, tit. 50, Appendix, § 961 et seq.); that the agreement is unenforcible; and that therefore the employee may not recover the amount of the unlawful increase.
The violation of the statute and of the orders made pursuant thereto is made a criminal offense, punishable by prison or fine
The motion to strike out the defenses is accordingly denied. Settle order.