Opinion
June 1, 1944.
Appeal from the City Court of the City of New York, County of Bronx, SCHACKNO, J.
Bernard Levy for appellant.
Henry Amster for respondent.
MEMORANDUM
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. III, 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.
SHIENTAG, McLAUGHLIN and HECHT, JJ., concur.
Judgment modified.