Lassiter

This is an action by or on behalf of employees of Guy F. Atkinson Company (herein sometimes called the contractor) to recover overtime pay and damages under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219 . Both sides appeal.

1. The appeal of the claimants (plaintiffs) will be considered first. One of their major contentions relates to an alleged circumvention of the Act. The contention is bottomed on a change of base salary rates made at the beginning of the performance of the second of two contracts which the Atkinson Company had with the government. These were cost-plus contracts for the construction of military bases in Alaska, the claimants here being employed at the Seattle office of the contractor. Under both contracts the salaries and hours of work of the employees were set by the govérnment. Prior to November 1, 1943, claimants were paid a weekly base wage for a 44-hour work week with straight time for all hours worked over 44,

plus time and one-half for holidays worked, double time for the seventh consecutive day of work, and leave time. 1 2 When operations were commenced under the second contract (November .1, 1943) the government directed the inauguration of new…