Levinson v. Spector Motor Service (No. 22 Oct. term, 1946)

File — Box: 1, Folder: 34

Identifier: M024.2

Scope and Contents

From the Series:

This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.

Dates

Creation: 1945-1957, n.d.

Access Restrictions:

No restrictions.

Full Extent

From the Series: 0.4 Linear Feet

Language of Materials

From the Collection: English

Additional Description

Abstract

Question of whether Interstate Commerce Commission has power to deny overtime pay to certain employees. Majority opinion; memorandum suggesting an insertion in the opinion; fragments of drafts.

Fair Labor Standards Act, S13(b)(l), expressly excludes employees "with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service," 330 U.S. 1t 653, n.4, 91 L.Ed. at 1163, n.4, from coverage under S7(a) of the Act prescribing overtime pay for employees who work more than a 40-hour week. 330 U.S. at 653, n. 5, 91 L.Ed. at 1163, n. 5.

Court holds that ICC has that power with respect to certain employees (including petitioner here) responsible for safety of operation of interstate motor carriers. Petitioner therefore not entitled to overtime under Fair Labor Standards Act.