Legal Opinion · Dissent

Wilson Oil Co. v. Hardy

New Mexico Supreme Court

Decided March 29, 1945No. 4810Published

1Dissent

I cannot agree with the result reached by the prevailing opinion. Without challenging sufficiency of the evidence to sustain the findings or disputing correctness of the conclusion that a bona fide agreement upon fixed number of hours for overtime, between employer and employee (even though the variable nature of hours of employment might suggest the arrangement), cannot be sustained under the Act, if actually the employee puts in more overtime than that agreed upon as a fair estimate for which he is not paid the prescribed rate of pay; nevertheless, the Act does not authorize, nor do the…

2Cases cited4 opinions

  1. Mortenson v. Western Light & Telephone Co.District Court, S.D. Iowa · 1941
  2. Gale v. Fruehauf Trailer Co.Supreme Court of Kansas · 1944
  3. Carter v. ButlerCourt of Appeals of Georgia · 1944
  4. Clevenger v. W. M. Ritter Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1943

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