Foley Bros., Inc. et al. v. Filardo (336 U.S. 281)
U.S. Supreme Court · decided March 7, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 281 · 69 S. Ct. 575
- Decided
- March 7, 1949
- Term
- October Term 1948
- Vote
- 9–0
- Majority author
- Justice Reed
- Issue area
- Unions
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. This case presents the question whether the Eight Hour Law applies to a contract between the United States and a private contractor for construction work in a foreign country. This Act provides that “Every contract made to which the United States ... is a party . . . shall contain a provision that no laborer or mechanic doing any part of the work contemplated by the contract, in the employ of the contractor or any subcontractor . . . shall be required or permitted to work more than eight hours in any one calendar day upon such work; . . .” 37 Stat. 137,40U.S.C. §324. Penalties are specified for violations. In 1940 the prohibition against workdays of longer than eight hours was modified as follows: “Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor engaged in the performance of any contract of the character specified in sections 324 and 325 of this title, shall be computed on a basic day rate of eight hours per day and work in excess of eight hours per day shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.” 54 Stat. 884, 40 U. S. C. § 325a. In 1941 petitioners contracted on a cost-plus basis to build certain public works on behalf of the United…
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