Martino v. Michigan Window Cleaning Co., 327 U.S. 173 (1946)

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Respondent corporation was engaged in washing windows within the State of its incorporation under contracts with its customers. The greater part of the work was done on premises used by its customers in the production of goods for interstate commerce. Its employees were required to work overtime, and were not paid time and a half except for hours worked in excess of 44 hours per week. This was in accordance with bona fide agreements entered into with the labor union of which its employees were members. In a suit to enjoin violations of § 15(a) of the Fair Labor Standards Act and to recover for unpaid overtime compensation under § 16(b) of the Act, held:

1. Respondent’s employees are engaged "in the production of goods for [interstate] commerce" so as to bring them within the coverage of the Fair Labor Standards Act. Roland Electrical Co. v. Walling, 326 U.S. 657. P. 176.

2. They are not exempt as employees of a "retail or service establishment" within the meaning of § 13(a)(2) of the Act. Roland Electrical Co. v. Walling, supra. P. 177.

3. The existence and observance of written agreements entered into in good faith with the labor union of which the employees were members, providing for overtime pay for fewer hours than required by the Act, constitute no bar to the right of the employees to recover under § 16(b) of the Act. P. 177.

145 F.2d 163, reversed.

Petitioner sued to enjoin violation of § 15(a) of the Fair Labor Standards Act and to recover under § 16(b) for unpaid overtime compensation. The district court dismissed the complaint. 51 F.Supp. 505. The circuit court of appeals affirmed. 145 F.2d 163. This Court granted certiorari. 325 U.S. 849. Reversed, p. 178.