Scott v. Atlas Press Co.

RAYMOND, District Judge.

Defendant urges that the parties hereto had the right to enter into the agreement of October 17, 1938, upon the authority of Walling v. A. H. Belo Corporation, 316 U.S. 624, 62 S.Ct. 1223, 86 L.Ed. 1716, (hereinafter referred to as the “Belo case”). With this contention, the court is unable to agree.

From the various authorities cited in the .briefs of. 'counsel, it is evident that the validity of an agreement purporting to establish regular rates of pay under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., depends upon the' essential purpose and.…