Marvin

Defendant appeals from a judgment in favor of plaintiffs, his former employes, for certain sums as additional wages, plus liquidated damages and attorney’s fees, to which plaintiffs claim to be entitled under the provisions of sections 7 and 16 of the Fair Labor Standards Act of 1938 (52 Stats. 1060; 29 U.S.C.A. §§ 201-219 ). Defendant contends that he has paid plaintiffs all of the wages to which they are entitled under their contract with him and under applicable law and that, in any event, liquidated damages should not have been awarded. We have concluded that defendant’s first contention must be sustained, that accordingly plaintiffs have no right to further payments from defendant and that the judgment must be reversed.

*440 Defendant was in the business * of supplying guards to certain of the ships of the War Shipping Administration during such times as they were in port at Los Angeles and Long Beach. It is for work performed for defendant during the period of July 16, 1944, to October 31, 1945, in performance of his contract with the War Shipping Administration, that plaintiffs claim they were underpaid. Prior to July 16, 1944, defendant paid the guards, among whom were…

I dissent.

Until July 16, 1944, defendant paid his employees 92% cents per hour. Thereafter he paid 70 cents per hour for the first eight hours of any day or 40 hours of any week, $1.05 per hour for all additional hours in the first six consecutive days, and $1.40 per hour for any hours on the seventh consecutive work day. Both before and after the date of the change defendant was subject to the provisions of the Fair Labor Standards Act ( 29 U.S.C.A. §§ 201-219 ), which re *450 quired him to pay his employees one and one-half times the regular wage rate for any hours exceeding 40 in any week. It is undisputed that defendant was violating the Fair Labor Standards Act by failing to pay overtime before July 16th and that the subsequent change in the rate of wages was not approved by the National War Labor Board. After plaintiffs learned that defendant had not secured the approval of the War Labor Board for the reduction in the rate of wages, they brought this action to recover the difference between the amount they had received and the amount to which they were entitled under the old rate together with liquidated damages and attorney’s fees as provided in the Fair Labor Standards…