Alstate Construction Co. v. Durkin
Opinion of the Court
delivered the opinion of the Court.
Section 7 (a) of the Fair Labor Standards Act requires employers to pay each employee covered by the Act not less than one and one-half times his regular pay rate for
The Wage and Hour Administrator sued in District Court to enjoin the petitioner Alstate Construction Company from violating the overtime and record-keeping provisions of the Act. The District Court found: Al-state is a Pennsylvania road contractor that reconstructs and repairs roads, railroads, parkways and like facilities in that state. The company also manufactures at three Pennsylvania plants a bituminous concrete road surfacing mixture called amesite made from materials either bought or quarried in Pennsylvania. Most of it is applied to Pennsylvania roads either by Alstate’s own employees or by Alstate’s customers. Eighty-five and one-half percent of Alstate’s work here involved was done on interstate roads, railroads, or for Pennsylvania companies producing goods for interstate commerce, and 14%% was done on projects that did not relate to interstate commerce. Alstate made no attempt to segregate payments to its employees on the basis of whether their work involved interstate or intrastate activities.
Amesite is produced in Pennsylvania for use on Pennsylvania roads. None of it is manufactured with a purpose to ship it across state lines. For this reason, so Alstate contends, amesite is not produced “for commerce.” Obviously, acceptance of this contention would require us to read “production of goods for commerce” as though written “production of goods for transportation in commerce” — that is, across state lines. Such limiting language did appear in the bill as it passed the Senate,
In the Overstreet and Pedersen cases, supra, we had to decide whether employees engaged in repairing inter
It is contended that we should not construe the Act as covering the “off-the-road” employees because it was given a contrary interpretation by its administrators from 1938 until 1945. During these first years after the Act’s passage the administrator did take such a position. But more experience with the Act together with judicial construction of its scope
We decline to repudiate an administrative interpretation of the Act which Congress refused to repudiate after being repeatedly urged to do so.
There is an objection to the scope of the injunction, but we are satisfied with the Court of Appeals’ treatment of this contention.
Affirmed.
52 Stat. 1060, as amended, 63 Stat. 910, 912-913, 29 U. S. C. §§ 207 (a), 211 (c).
Overstreet v. North Shore Corp., 318 U. S. 125; Pedersen v. Fitzgerald Construction Co., 318 U. S. 740, reversing 288 N. Y. 687, 43 N. E. 2d 83, on the authority of Overstreet v. North Shore Corp., supra.
81 Cong. Rec. 7957.
Fleming v. Atlantic Co., 40 F. Supp. 654, affirmed sub nom. Atlantic Co. v. Walling, 131 F. 2d 518; Lewis v. Florida Power & Light Co., 154 F. 2d 751; Southern United Ice Co. v. Hendrix, 153 F. 2d 689; Chapman v. Home Ice Co., 136 F. 2d 353.
See for illustration Hearings before Subcommittee No. 4 of House Committee on Education and Labor on H. R. 40, 80th Cong., 1st Sess. 1374-1375.
63 Stat. 910, 920.
Concurring in Part
with whom Mr. Justice Frankfurter concurs, dissenting.
The Court reasons that if the man who is building or repairing an interstate highway is “engaged in commerce,” the one who carries cement and gravel to him from a nearby pit is “engaged in the production of goods for commerce.” Yet if that is true, how about the men who produce the tools for those who carry the cement and gravel or those who furnish the materials to make the tools used in producing the cement and gravel? Each would be essential to the highway worker “engaged in commerce.” Yet the circle gets amazingly large once we say that “the production of goods for commerce” includes the “production of goods for those engaged in commerce.” Cf. McLeod v. Threlkeld, 319 U. S. 491.
Reference
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