United States Supreme Court Cases & Opinions

U.S. Supreme Court

10 East 40th St. Building, Inc. v. Callus, 325 U.S. 578 (1945)

10 East 40th St. Building, Inc. v. Callus

No. 820

Argued April 6, 1945

Decided June 11, 1945

325 U.S. 578

Syllabus

1. Maintenance employees of a typical metropolitan office building, operated as an independent enterprise, which is used and to be used for offices by every variety of tenants, including some producers of goods for commerce, held not to have such a close and immediate tie with the process of production as to be deemed engaged in an "occupation necessary to the production" of goods for commerce, within the meaning of § 3(j) of the Fair Labor Standards Act, and therefore not covered by the Act. P. 325 U. S. 583.

2. Kirschbaum Co. v. Walling, 316 U. S. 517, Borden Co. v. Borella, post, p. 325 U. S. 679, and this case differentiated. P. 325 U. S. 580.

146 F.2d 438 reversed.

Certiorari, 324 U.S. 833, to review the reversal of a judgment, 51 F.Supp. 528, dismissing the complaint in a suit under § 16(b) of the Fair Labor Standards Act to recover amounts alleged to be due for overtime.

Page 325 U. S. 579