Bayless v. United States‪.‬

The appellant, Landreth, sued the appellee, Ford, Bacon & Davis, Inc., to recover overtime compensation, liquidated damages and attorneys fees under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The parties agree that during the period of his employment the appellant earned overtime compensation which the appellee failed to pay. The question at issue is whether the district court correctly computed the amount of overtime compensation to which it found appellant entitled. The answer to this question depends upon whether the appellants contract of employment provided for a workweek of indefinite or fluctuating hours as the district court found, or for a workweek of forty hours as the appellant claims. The ultimate issue for decision here is, therefore, whether the finding of the district court concerning the terms of appellants contract is supported by substantial evidence.