U.S. Supreme Court
McLeod v. Threlkeld, 319 U.S. 491 (1943)
McLeod v. Threlkeld
Argued May 6, 7, 1943
Decided June 7, 1943
319 U.S. 491
1. An employee whose work is to prepare meals and serve them to maintenance of way employees of an interstate railroad in pursuance of a contract between his employer and the railroad company is not "engaged in commerce" within the meaning of §§ 6 and 7 of the Fair Labor Standards Act. P. 319 U. S. 493.
2. The test in determining whether an employee is "engaged in commerce" within the meaning of the Fair Labor Standards Act, §§ 6 and 7, is not whether his activities affect or indirectly relate to interstate commerce, but whether they are actually in or so closely related to the movement of commerce as to be a part of it. P. 319 U. S. 497.
The work of the employee decides this question; it is not important in this case whether his employer was engaged in interstate commerce.
131 F.2d 880 affirmed.
Certiorari, 318 U.S. 754, to review the affirmance of a judgment of the District Court, 46 F.Supp. 208, in a suit brought by McLeod against his employer under § 6 and 7 of the Fair Labor Standards Act. chanroblesvirtualawlibrary