James D. Hodgson, Secretary of Labor, United States Department of Labor v. Ellis Transportation Co., a Corporation, and Wade G. Ellis

In this action brought under the Fair Labor Standards Act ( 29 U.S.C. § 201 ), et seq., the Secretary of Labor alleged the appellant Ellis Transportation Co. was in violation of § 7(a) (1) of the Act by failing to pay overtime to 12 employees. The district court was asked to restrain future violations and to enjoin further withholding of past due wages.

Ellis Transportation contended that its employees were exempted by the so-called Motor Carrier Act exemption, 29 U.S.C. § 213 (b). Further, it asserted that George Blackstone, a supervising mechanic, was exempted because he was an independent contractor, not an employee. The district court rejected both contentions and granted the equitable relief sought by the Secretary. We affirm.

I.

Section 7(a) (1) of the Fair Labor Standards Act requires employers, whose employees meet the jurisdictional requisites, to compensate them at no less than one and one-half times the regular hourly wage for time worked in excess of a 40-hour work week. Section 13(b) of the Act exempts any employee over whom the Interstate Commerce Commission has regulatory power to fix qualifications and maximum hours of service pursuant to Section 204 of the…