Jack W. McCrary v. Weyerhaeuser Company

In this action nineteen employees of appellant in the Coos Bay-North Bend, Oregon area joined in an action against appellant for overtime pay, penalties and attorney’s fees which they contended were due them by virtue of Section 7 of the Fair Labor Standards Act of 1938, 29 U.S.C. § 207 (a).

Following trial to the court, the ap-pellees recovered judgment from appellant for unpaid overtime pay amounting to $8,712.78, plus an additional $8,712.78 in the form of liquidated damages, plus $7,000 in attorney’s fees.

Each appellee, during the period in question, had two different job assignments during his basic work day. One job assignment was that of driving a crew bus [crummy]. These buses were used each day to transport loggers from the Coos Bay-North Bend area to logging sites, generally some forty miles away, and return them to the Coos Bay-North Bend area at the end of each working day. The other work assignment of each appellee was his regular job in direct logging activity during the work day at the logging site.

Each appellee received two different rates of pay. One rate was for his time spent driving a crew bus, and a different rate for time spent at his regular job in the…