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149 Madison Ave. Corp. v. Asselta, 331 U.S. 199 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
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. 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. 203-210.
3. Walling v. Belo Corp., 316 U.S. 624, and Walling v. Halliburton Co., 331 U.S. 17, distinguished. P. 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. 210. Judgment modified, post, pp. 210, 795.
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Chicago: U.S. Supreme Court, "Syllabus," 149 Madison Ave. Corp. v. Asselta, 331 U.S. 199 (1947) in 331 U.S. 199 331 U.S. 200. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=E8ND5L39W1E1MF2.
MLA: U.S. Supreme Court. "Syllabus." 149 Madison Ave. Corp. v. Asselta, 331 U.S. 199 (1947), in 331 U.S. 199, page 331 U.S. 200. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=E8ND5L39W1E1MF2.
Harvard: U.S. Supreme Court, 'Syllabus' in 149 Madison Ave. Corp. v. Asselta, 331 U.S. 199 (1947). cited in 1947, 331 U.S. 199, pp.331 U.S. 200. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=E8ND5L39W1E1MF2.
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