United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southland Gasoline Co. v. Bayley, 319 U.S. 44 (1943)

Southland Gasoline Co. v. Bayley

No. 581

Submitted April 5, 1943

Decided May 3, 1943*

319 U.S. 44

Syllabus

The exemption from the maximum hour provisions of the Fair Labor Standards Act, by § 13(b)(1), of any employee with respect to whom the Interstate Commerce Commission "has power" under § 204 of the Motor Carrier Act of 1935 to establish maximum hours of service, became effective immediately as to those employees of private carriers of property by motor vehicle with respect to whom § 204(a)(3) gave the Commission the power to establish maximum hours of service "if need therefor is found," and did not become effective only from the later date when the Commission exercised the power. P. 319 U. S. 47.

No. 581, 131 F.2d 412, reversed.

No. 725, 132 F.2d 627, affirmed.

Certiorari, 317 U.S. 623 and 318 U.S. 750, to review, in No. 581, the reversal, and, in No. 725, the affirmance, of judgments dismissing the complaints in suits brought by employees to recover sums alleged to be due them under the Fair Labor Standards Act.

Page 319 U. S. 45