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MORRIS V. MCCOMB, 332 U. S. 422 (1947)

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U.S. Supreme Court

Morris v. McComb, 332 U.S. 422 (1947)

Morris v. McComb

No. 7

Argued October 13, 1947

Decided November 17, 1947

332 U.S. 422


1. Under § 204 of the Motor Carrier Act, 1935, the Interstate Commerce Commission has power 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. Pp. 332 U. S. 423-424, 332 U. S. 431-437.

2. It is the character of the employee's activities, rather than the proportion of either his time or of his activities, that determines the actual need for the Commission's power to establish qualifications and maximum hours of service. Levinson v. Spector Motor Service, 330 U. S. 649. Pp. 332 U. S. 431-432.

3. Section 13(b)(1) of the Fair Labor Standards Act makes the overtime requirements of § 7 inapplicable to such employees. Levinson v. Spector Motor Service, supra. Pp. 332 U. S. 423-424, 332 U. S. 437-438.

155 F.2d 832, judgment vacated and cause remanded.

The District Court dismissed a suit by the Wage and Hour Administrator to enjoin alleged violations of § 15(a)(1) and (2) of the Fair Labor Standards Act. The Circuit Court of Appeals reversed. 155 F.2d 832. This Court granted certiorari. 330 U.S. 817. Judgment of the Circuit Court of Appeals vacated, and cause remanded to the District Court for further proceedings consistent with the opinion of the Circuit Court of Appeals, as here modified, p. 332 U. S. 438. chanroblesvirtualawlibrary

Page 332 U. S. 423

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