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WALLING v. FLORIDA HARDWARE CO.

No. 10831.

142 F.2d 444 (1944)

WALLING v. FLORIDA HARDWARE CO.

Circuit Court of Appeals, Fifth Circuit.

May 12, 1944.

Attorney(s) appearing for the Case

Hugh McCloskey, Supervising Attorney, U. S. Department of Labor, and Bessie Margolin, Asst. Solicitor, U. S. Department of Labor, both of Washington, D. C., and Geo. A. Downing, Regional Atty., Wage and Hour Division, U. S. Department of Labor, of Atlanta, Ga., for appellant.

Damon G. Yerkes, of Jacksonville, Fla., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.

PER CURIAM.

The appellee, in apparent good faith, contended that its employees were not under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 and following. The court found otherwise as to certain salaried employees, who received weekly salaries well above the statutory minimum, but who worked overtime. Their oral contracts did not fix an hourly wage at all, and the court held they did not come under the principles declared in Walling v. A. H. Belo Corporation...

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