Legal Opinion

James P. Mitchell, Secretary of Labor, United States Department of Labor v. Claude H. Turner and Citizens and Southern Bank, Trustee

Court of Appeals for the Fifth Circuit

Decided December 27, 1960No. 18271PublishedCited by 18 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This appeal is from a decision in two consolidated actions brought by the Secretary of Labor under Section 16(c) of the Fair Labor Standards Act, [29 U.S. C.A. § 216(c)], to recover unpaid minimum wages and overtime compensation alleged to be owed by appellees to their employees.

The issue on appeal is whether the appellees could legally exclude from the work day, for purposes of wage computation, two 15-minute periods — one each morning and one each afternoon, during which operations in the plant were suspended. The court below granted sum mary judgment for appellees,…

2Cases cited5 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  3. Armour & Co. v. WantockSupreme Court of the United States · 1944
  4. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Phil Greinetz, Doing Business as Los Wigwam WeaversCourt of Appeals for the Tenth Circuit · 1956
  5. Earl A. Wood v. Homer Meier and A. R. Mohr, Individually and as Co-Partners D/B/A M. & M. Clay Company and M. & M. Clays, Inc.Court of Appeals for the Fifth Circuit · 1955

3Cited by18 opinions

  1. Mumbower v. CallicottCourt of Appeals for the Eighth Circuit · 1975
  2. John A. Allen v. Atlantic Richfield Co.Court of Appeals for the Fifth Circuit · 1984
  3. International Brotherhood of Boilermakers v. RaffertyCourt of Appeals for the Ninth Circuit · 1965
  4. International Brotherhood Of Boilermakers v. RaffertyCourt of Appeals for the Ninth Circuit · 1965
  5. Sucesión de Meléndez v. Central San Vicente, Inc.Supreme Court of Puerto Rico · 1962

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