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WALLING v. TWYEFFORT

65 F.Supp. 920 (1946)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. TWYEFFORT, Inc.

District Court, S. D. New York.

March 12, 1946.

Attorney(s) appearing for the Case

Douglas B. Maggs, Archibald Cox, William S. Tyson, and Jeter S. Ray, all of Washington, D. C., and Irving Rozen and Robert A. Levitt, both of New York City, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (by William H. Timbers, Rufus D. McDonald, and Cleveland C. Cory, all of New York City), for defendant.

BONDY, District Judge.

This action was brought to enjoin the violation of the provisions of Sections 15(a)(1), 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, 29 U.S. C.A. § 201 et seq. The issue to be determined is solely whether certain tailors who work for this defendant off its premises are independent contractors, or are employees of defendant within the meaning of the Act, and therefore entitled to its benefits.

The facts were not...

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