Steiner v. Pleasantville Constructors, Inc.

182 Misc. 66 | N.Y. App. Term. | 1944

Memorandum: Per Curiam.

Plaintiff is not entitled to recover double time for Sunday work under the provisions of the Fair Labor Standards Act (U. S. Code, tit. 29, § 201 et seq.). Executive Order No. 9240 (as amd. by Executive Order No. 9248; 7 Fed. Reg. 7419, eff. Oct. 1, 1942; also in note to U. S. Code, Supp. Ill, tit. 40, § 326) is not binding on the defendant.

The judgment should be modified by reducing-the amount thereof to the sum of $1,381.36, with interest and costs, and as modified affirmed, without costs.

Shibntag, McLaughlin and Hecht, JJ., concur.

Judgment modified.

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