MORRIS v. McCOMB, WAGE AND HOUR ADMINISTRATOR (332 U.S. 422)
U.S. Supreme Court · decided November 17, 1947 · Supreme Court Database (Spaeth)
- Citation
- 332 U.S. 422 · 68 S. Ct. 131
- Decided
- November 17, 1947
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Burton
- Issue area
- Unions
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Burton delivered the opinion of the Court. This case requires further application of the principles stated in Levinson v. Spector Motor Service, 330 U. S. 649, and Pyramid Motor Freight Corp. v. Ispass, 330 U. S. 695. The first question is 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 drivers and mechanics employed full time, as such, by a common carrier by motor vehicle, when the services rendered, through such employees, by such carrier, in interstate commerce, are distributed generally throughout the year, constitute 3% to 4% of the carrier’s total carrier services, and the performance of such services is shared indiscriminately among such employees and mingled with their performance of other like services for such carrier not in interstate commerce. The other question is whether, if the Commission has that power, the overtime requirements of § 7 of the Fair Labor Standards Act of 1938 apply to such employees in view of the exemption stated in § 13 (b) (1) of that Act. We hold that the Commission has the power in question and that the overtime requirements of § 7 of the Fair Labor Standards Act therefore do not apply to such employees. This action was brought March 26, 1942, in the United States District Court for the Eastern District…
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