Skidmore v. Swift & Co., 323 U.S. 134 (1944)

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Skidmore v. Swift & Co.


No. 12


Argued October 13, 1944
Decided December 4, 1944
323 U.S. 134

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

1. No principle of law precluded a determination that waiting time was working time under the Fair Labor Standards Act. Armour & Co. v. Wantock, ante, p. 126. P. 136.

2. Whether time spent on the employer’s premises (or in hailing distance) by fire guards subject to call was working time under the Fair Labor Standards Act is a question of fact to be resolved by appropriate findings of the trial court. P. 136.

3. Although the rulings, interpretations, and opinions of the Administrator under the Fair Labor Standards Act do not control judicial decision, they do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance. P. 140.

136 F.2d 112 reversed.

Certiorari, 322 U.S. 723, to review the affirmance of a judgment, 53 F.Supp. 1020, denying recovery in a suit under the Fair Labor Standards Act for overtime, liquidated damages, and attorney’s fees.