Davies v. Onyx Oils & Resins, Civil Action No. 3124.

CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
Writing for the CourtWilliam Harris and Joseph H. Lerner, both of Newark, N. J., for plaintiff
Citation63 F. Supp. 777
PartiesDAVIES v. ONYX OILS & RESINS, Inc.
Docket NumberCivil Action No. 3124.
Decision Date08 January 1946

63 F. Supp. 777

DAVIES
v.
ONYX OILS & RESINS, Inc.

Civil Action No. 3124.

District Court, D. New Jersey.

January 8, 1946.


William Harris and Joseph H. Lerner, both of Newark, N. J., for plaintiff.

Gross & Gross and Benjamin Gross, all of Jersey City, N. J., and Louis Epstein, of New York City, for defendant.

MEANEY, District Judge.

Plaintiff brings this action under the provisions of the Fair Labor Standards Act of 1938, § 1 et seq., 29 U.S.C.A. § 201 et seq., and seeks to recover the sum of $2,951.16 as overtime and penalties for labor alleged to have been performed. Plaintiff claims to have entered defendant's employ on December 15, 1938, and to have remained so employed continuously until November 18, 1941.

The defendant corporation was incorporated in May 1939 as the successor corporation to the Onyx Laboratories, Inc., and is organized and existing under and by virtue of the laws of the State of New York. At all times during which it employed the plaintiff, the defendant was engaged in the manufacture and production of oils, acids, resins and other allied synthetic chemical solutions and paint products, a substantial portion of which were produced for interstate commerce and were sold and transported in interstate commerce.

Plaintiff alleged in his complaint, and so testified, that he entered the employ of the defendant on December 15, 1938. The proofs upon the trial showed that this defendant was not incorporated until May 10, 1939. Plaintiff was unable to substantiate his allegations that the defendant as successor to the Onyx Laboratories, Inc. assumed the liabilities as the successor corporation to the Onyx Laboratories, Inc. So much of the complaint as related to the period of alleged employment between December 15, 1938 and May 10, 1939 was therefore ordered stricken.

In his complaint and by direct testimony, plaintiff claimed to have entered the employ of the defendant corporation, as stated hereinbefore, on December 15, 1938. From that date until March 8, 1939, plaintiff asserts he was employed on a 54 hour week at an hourly wage rate of 50¢ per hour. For that period he claimed to be entitled to overtime compensation of 75¢ per hour for hours worked in excess of 44 hours, but that no time and a half overtime pay was ever received.

For the period between March 8, 1939, and October 24, 1939, plaintiff asserts that he was employed for 100 hours each week at an hourly rate of 33 1/3 cents per hour and during which time he was entitled to overtime at the rate of 50 cents for each hour in excess of 44 hours, but for which period no overtime pay was ever received.

For the period between October 24, 1939, and October 24, 1940, plaintiff asserts that he was employed for 100 hours each week at an hourly rate of 33 1/3 cents per hour and during which period he was entitled to overtime compensation at the rate of 50 cents per hour for each hour in excess of 42 hours, but for which period he received no overtime compensation.

For the period from October 24, 1940, until November 18, 1941, plaintiff alleges that he was employed for 100 hours each week at an hourly rate of 33 1/3 cents per hour...

To continue reading

Request your trial
8 practice notes
  • Rural Fire Protection Company v. Hepp, No. 20461.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 16, 1966
    ...Broadcasting Co., 125 F.Supp. 87 (D.N.M.1954); Neal v. Braughton, 111 F.Supp. 775 (W. D.Ark.1953); and Davies v. Onyx Oils and Resins, 63 F.Supp. 777 (D.N.J.1946) for the proposition that the burden is on appellees to produce evidence of the hours worked from which to determine the amount t......
  • Parks v. Puckett
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • September 27, 1957
    ...Taylor & Wood Co., D.C. Mass., 75 F.Supp. 783; Bloch v. Bell, D.C.Ky., 63 F.Supp. 863; Davies v. Onyx Oils & Resins, Inc., D.C.N.J., 63 F.Supp. 777; 169 A.L.R. "However, if an employee proves that he has in fact performed work for which he was not compensated as required by law, and introdu......
  • De Rose v. Eastern Plastics, Civ. A. No. 10556.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 3, 1955
    ...119 F.Supp. 793, 801; Miceli v. Kleinberger, D.C.E.D.N.Y.1951, 97 F.Supp. 518; Davies v. Onyx Oils & Resins, Inc., D.C.D.N.J.1946, 63 F.Supp. 777; Collins v. Burton-Dixie Corp., D.C. W.D.S.C.1944, 53 F.Supp. 821; Spier v. Gulf Coast Beverages, Inc., D.C.S.D.Fla. 1943, 50 F.Supp. The admissi......
  • Nardone v. General Motors, Inc., Civ. A. No. 469-58.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • June 26, 1962
    ...negates their contention. See Eaknis v. Alvarado Broadcasting Co., 125 F.Supp. 87 (D.N.M. 1954); Davies v. Onyx Oils and Resins, Inc., 63 F.Supp. 777 (D.N.J.1946); McIntyre v. Joseph E. Seagram & Sons Co., 72 F.Supp. 366 (W.D.Ky.1947). These cases point out how the favorable inference is cr......
  • Request a trial to view additional results
8 cases
  • Rural Fire Protection Company v. Hepp, No. 20461.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 16, 1966
    ...Broadcasting Co., 125 F.Supp. 87 (D.N.M.1954); Neal v. Braughton, 111 F.Supp. 775 (W. D.Ark.1953); and Davies v. Onyx Oils and Resins, 63 F.Supp. 777 (D.N.J.1946) for the proposition that the burden is on appellees to produce evidence of the hours worked from which to determine the amount t......
  • Parks v. Puckett
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • September 27, 1957
    ...Taylor & Wood Co., D.C. Mass., 75 F.Supp. 783; Bloch v. Bell, D.C.Ky., 63 F.Supp. 863; Davies v. Onyx Oils & Resins, Inc., D.C.N.J., 63 F.Supp. 777; 169 A.L.R. "However, if an employee proves that he has in fact performed work for which he was not compensated as required by law, and introdu......
  • De Rose v. Eastern Plastics, Civ. A. No. 10556.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 3, 1955
    ...119 F.Supp. 793, 801; Miceli v. Kleinberger, D.C.E.D.N.Y.1951, 97 F.Supp. 518; Davies v. Onyx Oils & Resins, Inc., D.C.D.N.J.1946, 63 F.Supp. 777; Collins v. Burton-Dixie Corp., D.C. W.D.S.C.1944, 53 F.Supp. 821; Spier v. Gulf Coast Beverages, Inc., D.C.S.D.Fla. 1943, 50 F.Supp. The admissi......
  • Nardone v. General Motors, Inc., Civ. A. No. 469-58.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • June 26, 1962
    ...negates their contention. See Eaknis v. Alvarado Broadcasting Co., 125 F.Supp. 87 (D.N.M. 1954); Davies v. Onyx Oils and Resins, Inc., 63 F.Supp. 777 (D.N.J.1946); McIntyre v. Joseph E. Seagram & Sons Co., 72 F.Supp. 366 (W.D.Ky.1947). These cases point out how the favorable inference is cr......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT