Goldberg v. Worman
| Decision Date | 18 March 1941 |
| Docket Number | No. 250J.,250J. |
| Citation | 37 F. Supp. 778 |
| Parties | GOLDBERG v. WORMAN et al. |
| Court | U.S. District Court — Southern District of Florida |
E. K. McIlrath, of Jacksonville, Fla., for plaintiff.
A. H. Rothstein, of Jacksonville, Fla., for defendants.
Plaintiff, an employee in the bakery business hereinafter mentioned, sues to recover wages alleged to be due him under the provisions of the Fair Labor Standards Act of 1938. The suit is brought pursuant to 29 U.S.C.A. § 216(b).
The defendant Samuel Worman conducts a small bakery and delicatessen business at 204 Broad Street, Jacksonville, Florida. The bakery business is about 25 per cent. wholesale and 75 per cent. retail. During the period in question, the average wholesale sales per week were $120 and the average weekly retail sales were $468.
Except as hereinafter stated, the business, both wholesale and retail, is carried on wholly within the State of Florida, and almost all of it in Duval County.
The defendant in his business sells bread and other products especially made for and used by Jewish people. Defendant makes small shipments of these products twice a week, to persons in Thomasville, Georgia, Waycross, Georgia, and Valdosta, Georgia. The consignees of these shipments are Jewish people who desire to secure this type of product, not for resale in the usual course of business, but for consumption. One of the consignees is a Rabbi, another is in the clothing business, and the third in the junk business. None of these people are in the food business, but they secure from the defendants small quantities of his product, some of which they consume, and distribute the remainder amongst their local friends.
The average weekly shipments to Waycross are about $9 to $11 in value; those to Thomasville about $3.50; and those to Valdosta about $5. These shipments were not intended for resale to the public generally, but were consumed in part by the consignees and in part distributed by the consignees to their Jewish friends as a matter of accommodation. Thus it will be seen that the total aggregate value of the weekly shipments to Georgia is about $17 or $18, out of a total weekly business of about $588, or roughly 3 per cent.
The percentage of goods shipped to another State, in relation to the total business done, is not the sole determinative factor in ascertaining whether or not the defendant is engaged in interstate commerce. Santa Cruz Fruit Packing Co. v. N. L. R. B., 303 U.S. 453, 58 S.Ct. 656, 82 L.Ed. 954, 955. The controlling question is whether such shipments...
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Wiley v. Stewart Sand & Material Co.
...Gamling Co., 42 F.Supp. 754 (1/2 of 1% of dollar volume and infinitesimal portion of tonnage moved in interstate commerce); Goldberg v. Worman, 37 F.Supp. 778 (3% defendant's bakery products moved in interstate commerce.) We do not mean to hold that the amount of goods moving in interstate ......
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Wagner v. American Service Co.
...interstate commerce was incidental or inconsequential, they should not be considered as interstate commerce. Such cases are: Goldberg v. Worman, D.C., 37 F.Supp. 778; Cron v. Goodyear Tire & Rubber Co., D.C., 49 F. Supp. 1013; Berry v. 34 Irving Place Corporation, D.C., 52 F.Supp. 875; Couc......
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Hill v. Jones
...Beverages, D.C.S.D.Fla., 50 F.Supp. 653; Hooks v. Nashville Breeko Block & Tile Co., D.C.M.D.Tenn., 39 F.Supp. 369; Goldberg v. Worman, D.C.S.D.Fla., 37 F.Supp. 778; Prescription House v. Anderson, D.C. S.D.Texas, 42 F.Supp. 874. See also: Schmidt v. People's Telephone Union, 8 Cir., 138 F.......
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Richard Wiley et al. v. Stewart Sand & Material Co., 20824.
...Gamling Co., 42 F. Supp. 754 (½ of 1% of dollar volume and infinitesimal portion of tonnage moved in interstate commerce); Goldberg v. Worman, 37 F. Supp. 778 (3% of defendant's bakery products moved in interstate commerce.) We do not mean to hold that the amount of goods moving in intersta......