[Download] "Mccomb v. Southern Weighing & Inspection Bureau." by United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Mccomb v. Southern Weighing & Inspection Bureau.
- Author : United States Court of Appeals
- Release Date : January 05, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is an appeal from a summary judgment for defendant dismissing a suit instituted by the Administrator of the Wage and Hour Division of the Department of Labor to enjoin alleged violations of the maximum hour provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §Â§ 201-219, and regulations promulgated under the Act with regard to the keeping of records. The defendant in the court below, appellee here, is the Southern Weighing and Inspection Bureau, one of six associated bureaus maintained by the railroads operating in the southeastern portion of the United States to perform transportation services which they can perform more economically and satisfactorily through a common bureau serving them all than through individual effort on the part of each railroad. The court below held the bureau not subject to the Act on the ground that it was "no more than a joint department of the member lines of the common carriers involved and that the employees in question are the joint employees of such common carriers". The court concluded that they were employees of employers subject to the provisions of Part I of the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., and hence excepted by section 13(b)(2) of the Fair Labor Standards Act. 29 U.S.C.A. § 213(b)(2). We think that this was clearly correct.