United States Supreme Court Cases & Opinions

U.S. Supreme Court

McLeod v. Threlkeld, 319 U.S. 491 (1943)

McLeod v. Threlkeld

No. 787

Argued May 6, 7, 1943

Decided June 7, 1943

319 U.S. 491

Syllabus

1. An employee whose work is to prepare meals and serve them to maintenance of way employees of an interstate railroad in pursuance of a contract between his employer and the railroad company is not "engaged in commerce" within the meaning of §§ 6 and 7 of the Fair Labor Standards Act. P. 319 U. S. 493.

2. The test in determining whether an employee is "engaged in commerce" within the meaning of the Fair Labor Standards Act, §§ 6 and 7, is not whether his activities affect or indirectly relate to interstate commerce, but whether they are actually in or so closely related to the movement of commerce as to be a part of it. P. 319 U. S. 497.

The work of the employee decides this question; it is not important in this case whether his employer was engaged in interstate commerce.

131 F.2d 880 affirmed.

Certiorari, 318 U.S. 754, to review the affirmance of a judgment of the District Court, 46 F.Supp. 208, in a suit brought by McLeod against his employer under § 6 and 7 of the Fair Labor Standards Act.

Page 319 U. S. 492