149 MADISON AVE. CORP. V. ASSELTA, 331 U. S. 199 (1947)

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U.S. Supreme Court

149 Madison Ave. Corp. v. Asselta, 331 U.S. 199 (1947)

149 Madison Ave. Corp. v. Asselta

No. 497

Argued February 11, 1947

Decided May 5, 1947

331 U.S. 199


1. A wage agreement entered into by direction of the National War Labor Board providing that employees should be paid fixed weekly wages for workweeks of specified length, in excess of 40 hours, and that the "hourly rate" was to be determined by dividing weekly earnings by the number of hours employed plus one-half of the number of hours actually worked in excess of 40, which actually was applied so as to result in a scheduled workweek in excess of 40 hours without effective provision for overtime pay until employees had completed the scheduled workweek, held not in conformity with the overtime pay requirements of § 7(a) of the Fair Labor Standards Act. Pp. 331 U. S. 203-210.

2. The "hourly rate" derived from the formula prescribed in the agreement was not the "regular rate" of pay within the meaning of the Fair Labor Standards Act. Pp. 331 U. S. 203-210.

3. Walling v. Belo Corp., 316 U. S. 624, and Walling v. Halliburton Co., 331 U. S. 17, distinguished. P. 331 U. S. 209.

156 F.2d 139 affirmed.

Respondents sued their employer, petitioner here, to recover sums allegedly due them under the Fair Labor Standards Act, and were awarded judgment in the District Court. 65 F.Supp. 385. The Circuit Court of Appeals affirmed. 156 F.2d 139. This Court granted certiorari. 329 U.S. 817. Affirmed, p. 331 U. S. 210. Judgment modified, post, pp. 331 U. S. 210, 795.

Page 331 U. S. 200

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