McCOMB, WAGE AND HOUR ADMINISTRATOR, v. JACKSONVILLE PAPER CO. ET AL. (336 U.S. 187)
U.S. Supreme Court · decided February 14, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 187 · 69 S. Ct. 497
- Decided
- February 14, 1949
- Term
- October Term 1948
- Vote
- 7–2
- Majority author
- Justice Douglas
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. This is a civil contempt proceeding arising out of Walling v. Jacksonville Paper Co., 317 U. S. 564, which we decided January 18, 1943. The District Court had held that none of respondents’ employees in specified classes were covered by the Fair Labor Standards Act. 52 Stat. 1060, 29 U. S. C. § 201. We sustained a judgment of the United States Court of Appeals which reversed the District Court, modifying it slightly to include a larger class of employees than the United States Court of Appeals had held to be covered. On remand the District Court, without a further hearing, entered a decree enjoining respondents from violating the Act in any of the following particulars: (1) by paying the designated classes of employees less than 300 an hour from the date of the judgment to October 24, 1945, or less than 400 an hour thereafter, except as permitted by orders of the Administrator under § 8 or § 14 of the Act; (2) by employing such employees for a workweek longer than 40 hours unless they receive compensation for employment in excess of 40 hours in the workweek at a rate not less than one and one-half times the regular rate at which they are employed; and (3) by failing to keep and preserve records as prescribed by the Administrator, particularly records of the hours worked each workday and each workweek by each of the…
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