W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Dix Box Co. And Benjamin Dix

KOELSCH, Circuit Judge.

With certain exceptions not here relevant, Section 7 of the Fair Labor Standards Act [63 Stat. 912 (1949) as amended, 29 U.S.C. § 207 (Supp. IV 1959-62)] requires employers to pay employees “time and a half” for all hours in excess of 40 worked during a single work week; 1 and this provision “obviously and necessarily includes one compensated by a unit of time, by the piece or by any other measurement.” United States v. Rosenwasser, 323 U.S. 360, 363, 65 S.Ct. 295, 296-297, 89 L.Ed. 301 (1945).

Contending that the Dix Box Co. and Benjamin Dix, its sole shareholder (Dix)…