McKeown

Southern California Freight Lines v. McKeown

Good Law
148 F.2d 890·1945 U.S. App. LEXIS 3242
United States Court of Appeals for the Ninth CircuitApril 21, 1945No. 10873California816 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment of the district court holding appellant liable to appellee for additional compensation for appellee’s services to appellant because the appellee was an employee engaged in interstate commerce within sections 3(b) and 7 (a) of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. hereinafter called the Act, providing

Sec. 3 “As used in this Act— * * *

Sec. 7 (a) “No employer shall, except as otherwise provided in this section, employ any of his employees who is engaged in commerce or in the production of goods for commerce.”

Appellant is engaged in the transportation of goods from Los Angeles to places in Southern California and in the nearby states in a large fleet of trucks requiring between 50 and 60 men on their freight docks to handle the goods transported. The facts show a substantial enterprise.

Appellee was engaged “in [the] commerce” of appellant both interstate and intrastate. The district court found appellee’s employment, like that of the rate clerk in Overnight Motor Transportation Co. v. Missell, 316 U.S. 572, 574 , 62 S.Ct. 1216 , 86 L.Ed. 1682 , consisted in clerical work in blocking and routing bills of lading, the…

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