A. B. Kirschbaum Co. v. Walling

In United States v. Darby, 312 U. S. 100, and Opp Cotton Mills v. Administrator, 312 U. S. 126, the constitutionality of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U. S. C. § 201 et seg., was sustained. In the cases now before us we are required to consider the scope of the Act in relation to a particular phase of industrial activity. Specifically, the problem is this: Under § 6 of the Act an employer must pay prescribed minimum wages “to each of his employees who is engaged in commerce or in the production of goods for commerce,” and under § 7 overtime compensation must be given…