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BAY RIDGE CO. v. AARON

No. 366.

334 U.S. 446 (1948)

BAY RIDGE OPERATING CO., INC. v. AARON ET AL.

Supreme Court of United States.

Decided June 7, 1948.

Attorney(s) appearing for the Case

Assistant to the Attorney General Ford and Marvin C. Taylor argued the cause for petitioners. With them on the brief were Solicitor General Perlman, Herbert A. Bergson, Paul A. Sweeney and Harry I. Rand.

Monroe Goldwater argued the cause for respondents. With him on the brief were Max R. Simon and James L. Goldwater.

Nathan Baker filed a brief for Frank Adams, as amicus curiae, urging affirmance.

Briefs of amici curiae urging reversal were filed by Raymond S. Smethurst and Lambert H. Miller for the National Association of Manufacturers; Louis Waldman for the International Longshoremens Association; and Gregory A. Harrison, William Radner and Mary L. Schleifer for the Waterfront Employers Association.

MR. JUSTICE REED delivered the opinion of the Court.

These cases present another aspect of the perplexing problem of what constitutes the regular rate of pay which the Fair Labor Standards Act requires to be used in computing the proper payment for work in excess of forty hours. The applicable provisions read as follows:

"Sec. 7. (a) No employer shall, except as otherwise provided in this section, employ any of his

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