Townsend v. New York Cent. R.

MAJOR, Circuit Judge.

This is an appeal by plaintiffs from an adverse judgment in a suit to recover minimum wages required by the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. There are 1,091 plaintiffs, all of whom are employed as red caps by the eight railroad defendants. The case was tried to a court without a jury, upon stipulations of fact as well as documentary and oral testimony.

As had long been the custom, plaintiffs, prior to October 24, 1938, the effective date of the Act, received as their sole compensation tips or gratuities from those whom they served in and about the…