James P. Mitchell, Secretary of Labor v. Meyer Feinberg

We think our decision in Mitchell v. Hartford Steam Boiler Inspection & Ins. Co., 2 Cir., 235 F.2d 942, requires a modification of the judgment below. The facts are stated in Judge Galston’s opinion below, 123 F.Supp. 899.

It is true that under the Feinberg contract, an employee may receive greater compensation, in terms of hourly rates, for weeks in which he works four days (or less) than in weeks in which he works five days. This incident, however, is not violative of the Act and constitutes, in our judgment, insufficient ground to differentiate the case from Hartford. We hold that there was…