United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kirschbaum Co. v. Walling, 316 U.S. 517 (1942)

Kirschbaum Co. v. Walling

No. 910

Argued April 28, 29, 1942

Decided June 1, 1942*

316 U.S. 517

Syllabus

1. The Fair Labor Standards Act of 1938 held applicable to employees engaged in the maintenance and operation of a building whose tenants are engaged principally in the production of goods for interstate commerce. P. 316 U. S. 524.

2. Such employees are engaged in an "occupation necessary to the production" of goods in interstate commerce, within the meaning of § 3(j) of the Act. P. 316 U. S. 524.

3. The employees here involved cannot be regarded as engaged in "service establishments" within the exemption of § 13(a)(2) of the Act. P. 316 U. S. 526.

124 F.2d 567 and 125 F.2d 278, affirmed.

Certiorari, 315 U.S. 792, to review, in No. 910, the affirmance of a decree enjoining the petitioners from an alleged violation of the Fair Labor Standards Act, 38 F.Supp. 204; and, in No. 924, the reversal of a decree denying such an injunction, 38 F.Supp. 207.

Page 316 U. S. 518