Selan v. Becker, Civ. A. No. 4306.

CourtU.S. District Court — Eastern District of Wisconsin
Writing for the CourtDUFFY
Citation71 F. Supp. 689
Decision Date06 May 1947
Docket NumberCiv. A. No. 4306.
PartiesSELAN et al. v. BECKER.

71 F. Supp. 689

SELAN et al.
v.
BECKER.

Civ. A. No. 4306.

District Court, E. D. Wisconsin.

May 6, 1947.


David Beznor, of Milwaukee, Wis., for plaintiffs.

Max D. Davidson, of Milwaukee, Wis., for defendant.

DUFFY, District Judge.

This is a suit for overtime compensation brought under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. There is no dispute as to the facts and plaintiffs have moved for summary judgment.

The employees here involved slaughtered cattle, removed the hides, split the carcasses, and did other incidental work in connection therewith. The beef and edible offal were sold in Wisconsin for local consumption, and unsegregated portions of the hides and inedible offal were shipped outside of the State of Wisconsin, but the proceeds therefrom did not constitute more than 10% of the defendant's gross revenue. For a period prior to the time covered in the complaint, and pursuant to a collective bargaining agreement, the employees had been paid at an hourly rate. This contract required the employer to pay time and one-half the hourly rate for hours in excess of eight hours per day, and double time for work on Saturday after twelve noon. In order to stimulate production defendant agreed to pay the employees at an incentive rate based upon one hour's pay for each head of cattle slaughtered. The employees

71 F. Supp. 690
on the killing floor had theretofore normally killed one head of cattle per hour

The first question to be decided is whether the plaintiffs were engaged in the production of goods for commerce within the meaning of Sec. 7(a) of the Fair Labor Standards Act of 1938. Defendant relies on Walling v. Jacksonville Paper Co., 317 U.S. 564, 63 S.Ct. 332, 87 L.Ed. 460, to the effect that if a substantial part of an employee's activities relates to goods in interstate commerce "he is covered by the act." Defendant points out that the Wage and Hour Division considers "substantial" to mean 20% and that in the case at bar 10% of income from products in interstate commerce is far below the requirement of "substantial."

There is no provision in the Act which requires that the employees be "substantially" engaged in the production of goods for commerce in order to be entitled to the benefits of the Act. A construction of the Jacksonville Paper case was given by the Supreme Court in D. A. Schulte, Inc., v. Gangi, 328 U.S. 108, 119, 66 S.Ct. 925, 931, in which the court said that the Jacksonville Paper Company case "was concerned with whether a wholesaler's employees who handled stock were in commerce, not whether they were engaged in the production of goods for commerce." I conclude that the plaintiff's employees were engaged in the production of goods for commerce.

A case with a similar fact situation is Walling v. Peoples Packing Co., 10 Cir., 132 F.2d 236. In that case all of the edible meat as well as the inedible offal and a large proportion of hides were sold within the State of Oklahoma. The inedible offal was rendered within Oklahoma and a substantial portion thereof was shipped outside of the State by the...

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5 practice notes
  • Rodgers v. Wright's Provisions, Inc., Civ. A. No. 68-61.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 22 Enero 1969
    ...production of bones and other inedibles" intended for interstate commerce. The same situation prevailed in Selan v. Becker (D.C.Wis.1947) 71 F.Supp. 689. In Sykes v. Lochmann (1943) 156 Kan. 223, 132 P.2d 620, cert. denied 319 U.S. 753, 63 S.Ct. 1165, 87 L.Ed. 1707, there was no departmenta......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10–782 BB/LFG.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 28 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690–91 (D.C.Wis.1947). Nor are employees who work on employer's premises “independent contractors” merely because they are paid on a piecework ba......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10-782 BB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 27 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690-91 (D.C.Wis. 1947). Nor are employees who work on employer's premises "independent contractors" merely because they are paid on a piecework b......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10-782 BB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 26 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690-91 (D.C.Wis. 1947). Nor are employees who work on employer's premises "independent contractors" merely because they are paid on a piecework b......
  • Request a trial to view additional results
5 cases
  • Rodgers v. Wright's Provisions, Inc., Civ. A. No. 68-61.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 22 Enero 1969
    ...production of bones and other inedibles" intended for interstate commerce. The same situation prevailed in Selan v. Becker (D.C.Wis.1947) 71 F.Supp. 689. In Sykes v. Lochmann (1943) 156 Kan. 223, 132 P.2d 620, cert. denied 319 U.S. 753, 63 S.Ct. 1165, 87 L.Ed. 1707, there was no departmenta......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10–782 BB/LFG.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 28 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690–91 (D.C.Wis.1947). Nor are employees who work on employer's premises “independent contractors” merely because they are paid on a piecework ba......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10-782 BB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 27 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690-91 (D.C.Wis. 1947). Nor are employees who work on employer's premises "independent contractors" merely because they are paid on a piecework b......
  • Olivo v. Crawford Chevrolet Inc., Civ. No. 10-782 BB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 26 Julio 2011
    ...cannot escape the requirements of FLSA by a piecework system which attributes artificial hours to set piecework. Selan v. Becker, 71 F.Supp. 689, 690-91 (D.C.Wis. 1947). Nor are employees who work on employer's premises "independent contractors" merely because they are paid on a piecework b......
  • Request a trial to view additional results

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