Armour & Co. v. Wantock, 323 U.S. 126 (1944)

Armour & Co. v. Wantock

No. 73

Argued October 13, 1944
Decided December 4, 1944
323 U.S. 126

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. Fire guards employed by a manufacturer of goods for interstate commerce held covered by the Fair Labor Standards Act of 1938, as employed in an "occupation necessary to the production" of goods for interstate commerce. P. 129.

2. The conclusion of both courts below that, upon the facts of this case, time spent on the employer’s premises by fireguards subject to call -- excluding time spent sleeping and eating, but including time spent idling or in recreation -- was working time compensable under the maximum hours and overtime provisions of the Fair Labor Standards Act, sustained. P. 132.

3. Opinions of the Court are to be read in the light of the facts of the case. P. 132.

140 F.2d 356 affirmed.

Certiorari, 322 U.S. 723, to review the affirmance of a judgment for the plaintiffs in a suit under the Fair Labor Standards Act for overtime, liquidated damages, and attorney’s fees.