|
Mitchell v. C. W. Vollmer & Co., Inc., 349 U.S. 427 (1955)
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.
Mitchell v. C. W. Vollmer & Co., Inc., 349 U.S. 427 (1955)
Mitchell v. C. W. Vollmer & Co., Inc. No. 387 Argued March 3, 1955 Decided June 6, 1955 349 U.S. 427
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Employees engaged in the construction of the Algiers Lock and Canal, in Orleans Parish, Louisiana, which will form part of the Gulf Intracoastal Waterway (extending from Florida to the Mexican border), and which was designed as an alternate route to an inadequate existing lock and canal, are "engaged in commerce" within the meaning of § 7 of the Fair Labor Standards Act; and the 40-hour week and overtime provisions of the Act are applicable to them. Pp.428-430.
(a) Raymond v. Chicago, M. St.P. R. Co., 243 U.S. 43, distinguished. Pp. 429-430.
(b) Whether an employee is "engaged in commerce" within the meaning of § 7 of the Fair Labor Standards Act is determined by practical considerations, not by technical conceptions. P. 429.
(c) The test of whether an employee is "engaged in commerce" within the meaning of the Act is whether the work is so directly and vitally related to the functioning of an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it, rather than isolated, local activity. P. 429.
(d) The work of improving existing facilities of interstate commerce, involved here, is activity "in commerce" within the meaning of the Act. P. 430.
214 F.2d 132 reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Mitchell v. C. W. Vollmer & Co., Inc., 349 U.S. 427 (1955) in 349 U.S. 427 349 U.S. 428. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=VA9X93Y62HPGIDQ.
MLA: U.S. Supreme Court. "Syllabus." Mitchell v. C. W. Vollmer & Co., Inc., 349 U.S. 427 (1955), in 349 U.S. 427, page 349 U.S. 428. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VA9X93Y62HPGIDQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Mitchell v. C. W. Vollmer & Co., Inc., 349 U.S. 427 (1955). cited in 1955, 349 U.S. 427, pp.349 U.S. 428. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=VA9X93Y62HPGIDQ.
|