Borden Co. v. Borella, 325 U.S. 679 (1945)

Borden Company v. Borella

No. 688

Argued April 6, 1945
Decided June 11, 1945
325 U.S. 679

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. A manufacturing corporation owned and operated an office building in which 58% of the rentable space was used for its central offices, where its production of goods for interstate commerce was administered, managed and controlled, although the goods were actually produced at plants located elsewhere. Held: that maintenance employees of the building were engaged in an "occupation necessary to the production" of goods for interstate commerce within the meaning of § 3(j) of the Fair Labor Standards Act, and were therefore covered by the Act. Pp. 680, 684.

2. In an economic sense, executive officers and administrative employees working in the central office building of an industrial organization are actually engaged in the production of goods, and the maintenance employees working in such a building are engaged in occupations necessary to that production. P. 683.

3. In the absence of any contrary evidence, it cannot be assumed that Congress in the Fair Labor Standards Act referred to production in other than its ordinary and comprehensive economic sense. P. 684.

145 F.2d 63 affirmed.

Certiorari, 323 U.S. 706, to review the reversal of a judgment for the defendant, 52 F.Supp. 952, in a suit to recover overtime compensation and liquidated damages under the Fair Labor Standards Act.