No. 445.

324 U.S. 697 (1945)


Supreme Court of United States.

Decided April 9, 1945.

Attorney(s) appearing for the Case

Messrs. Homer Cummings and Sedgwick Snedeker, with whom Messrs. Joseph V. Lane, Jr. and Carl McFarland were on the brief, for petitioner in No. 445; Mr. Hyman Ginsberg, with whom Mr. Harry Leeward Katz was on the brief, for petitioner in No. 554; Mr. Robert R. Bruce, with whom Messrs. Kenneth C. Newman and John J. Boyle were on the brief, for petitioners in No. 421.

Mr. Max R. Simon for respondent in No. 445; Mr. Paul Berman, with whom Messrs. Eugene A. Alexander, III, and Theodore B. Berman were on the brief, for respondent in No. 554; Mr. Aaron Benenson, with whom Mr. James L. Goldwater was on the brief, for respondent in No. 421.

Solicitor General Fahy, Messrs. Robert L. Stern, Douglas B. Maggs, George M. Szabad, Albert A. Spiegel and Miss Bessie Margolin filed a brief in Nos. 445 and 554, and with Mr. Jerome H. Simonds a brief in No. 421, on behalf of the Administrator of the Wage and Hour Division, U.S. Department of Labor, as amicus curiae.

MR. JUSTICE REED delivered the opinion of the Court.

The writs of certiorari granted in these three cases present questions as to the interpretation of Section 16 (b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, at 1069, which provides that an employer who violates the minimum wage and maximum hour provisions of the Act ". . . shall be liable to the employee or employees affected in the amount of their unpaid minimum...

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