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U.S. Supreme Court

Walling v. Halliburton Oil Well Cementing Co., 331 U.S. 17 (1947)

Walling v. Halliburton Oil Well Cementing Co.

No. 74

Argued February 7, 10, 1947

Decided April 14, 1947

331 U.S. 17


1. After enactment of the Fair Labor Standards Act, an employer whose employees worked irregular hours varying from less than 30 to more than 100 per week and formerly received fixed monthly salaries, entered into contracts with them individually which in each case specified a basic rate of pay per hour for the first 40 hours in any workweek and not less than one and one-half times that rate per hour for overtime, with a guaranty that the employee should receive each week for regular time and overtime not less than a specified amount. Under this plan, the employee worked more than 84 hours before he became entitled to any pay in addition to the weekly guaranty, but, when he worked enough hours to earn more than the guaranty, the surplus time was paid for at 150% of the basic contract rate. His compensation equalled or exceeded that which he was receiving when the Act went into effect, and exceeded the minimum which the Act prescribes.

Held: this contract did not violate § 7(a) of the Act. Pp. 331 U. S. 18-26.

2. Walling v. Belo Corp., 316 U. S. 624, followed. Walling v. Helmerich & Payne, Inc., 323 U. S. 37; Overnight Motor Co. v. Missel, 316 U. S. 572; Walling v. Youngerman-Reynolds Hardwood Co., 325 U. S. 419; Walling v. Harnischfeger Corp., 325 U. S. 427, distinguished. Pp. 331 U. S. 20-26.

152 F.2d 622 affirmed.

The District Court denied relief in a suit by the Wage and Hour Administrator to enjoin alleged violations of § 7(a) of the Fair Labor Standards Act. 57 F.Supp. chanroblesvirtualawlibrary

Page 331 U. S. 18

408. The Circuit Court of Appeals affirmed. 152 F.2d 622. This Court granted certiorari. 328 U.S. 828. Affirmed, p. 331 U. S. 26.

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