|
|
Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947)
Contents:
Show Summary
Hide Summary
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.
Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947)
Walling v. Halliburton Oil Well Cementing Co. No. 74 Argued February 7, 10, 1947 Decided April 14, 1947 331 U.S. 17
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. After enactment of the Fair Labor Standards Act, an employer whose employees worked irregular hours varying from less than 30 to more than 100 per week and formerly received fixed monthly salaries, entered into contracts with them individually which in each case specified a basic rate of pay per hour for the first 40 hours in any workweek and not less than one and one-half times that rate per hour for overtime, with a guaranty that the employee should receive each week for regular time and overtime not less than a specified amount. Under this plan, the employee worked more than 84 hours before he became entitled to any pay in addition to the weekly guaranty, but, when he worked enough hours to earn more than the guaranty, the surplus time was paid for at 150% of the basic contract rate. His compensation equalled or exceeded that which he was receiving when the Act went into effect, and exceeded the minimum which the Act prescribes.
Held: this contract did not violate § 7(a) of the Act. Pp. 18-26.
2. Walling v. Belo Corp., 316 U.S. 624, followed. Walling v. Helmerich & Payne, Inc., 323 U.S. 37; Overnight Motor Co. v. Missel, 316 U.S. 572; Walling v. Youngerman-Reynolds Hardwood Co., 325 U.S. 419; Walling v. Harnischfeger Corp., 325 U.S. 427, distinguished. Pp. 20-26.
152 F.2d 622 affirmed.
The District Court denied relief in a suit by the Wage and Hour Administrator to enjoin alleged violations of § 7(a) of the Fair Labor Standards Act. 57 F.Supp. 408. The Circuit Court of Appeals affirmed. 152 F.2d 622. This Court granted certiorari. 328 U.S. 828. Affirmed, p. 26.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947) in 331 U.S. 17 331 U.S. 18. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GM12KNAEFZPCFBS.
MLA: U.S. Supreme Court. "Syllabus." Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947), in 331 U.S. 17, page 331 U.S. 18. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GM12KNAEFZPCFBS.
Harvard: U.S. Supreme Court, 'Syllabus' in Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947). cited in 1947, 331 U.S. 17, pp.331 U.S. 18. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GM12KNAEFZPCFBS.
|