Levinson v. Spector Motor Service (330 U.S. 649)
U.S. Supreme Court · decided March 31, 1947 · Supreme Court Database (Spaeth)
- Citation
- 330 U.S. 649 · 67 S. Ct. 931
- Decided
- March 31, 1947
- Term
- October Term 1946
- Vote
- 6–3
- Majority author
- Justice Burton
- Issue area
- Unions
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Burton delivered the opinion of the Court. This case presents the question whether the Interstate Commerce Commission has the power, under § 204 of the Motor Carrier Act, 1935, to establish qualifications and maximum hours of service with respect to any “checker” or “terminal foreman,” a substantial part of whose activities in that capacity consists of doing, or immediately directing, the work of one or more “loaders” of freight for an interstate motor carrier as such class of work is defined by the Interstate Commerce Commission in Ex parte No. MC-2, 28 M. C. C. 125, 133-134, although the rest of his activities do not affect the safety of operation of any such motor carrier. We hold that the Commission has that power and that § 13 (b) (1) of the Fair Labor Standards Act therefore expressly excludes any such employee from a right to the increased pay for overtime service prescribed by § 7 of that Act. In this action, brought in the Municipal Court of Chicago, pursuant to § 16 (b) of the Fair Labor Standards Act, the petitioner recovered judgment against his employer, the respondent, for $487.44 for unpaid overtime compensation for petitioner’s services, as a “checker” or “terminal foreman,” computed in accordance with § 7 of that Act. In addition, the judgment included $487.44, as liquidated damages, and $175 as an attorney’s fee, making a total of $1,149.88 and…
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