Opinion · Supreme Court of the United States
Mitchell v. Lublin, McGaughy & Associates
Mitchell v. Lublin, McGaughy & Assocs., 358 U.S. 207 (1959)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1959-01-12
- Topic
- general
How later courts describe this case
- holding that when determining whether employees are “engaged in commerce,” courts “focus on the activities of the employees and not on the business of the employer”
- noting that “within the tests of coverage fashioned by Congress, the [FLSA] has been construed liberally to apply to the furthest reaches consistent with congressional direction”
- accepting consents filed within 13 days after the expiration of the notice period
- “[Wjithin the tests of coverage fashioned by Congress, the [Fair Labor Standards] Act has been construed liberally to apply to the furthest reaches consistent with congressional direction.”
- non-professional employees of defendant held to be “engaged in commerce” as that term is used in 29 U.S.C. §§ 206, 207 (Supp.1975)
- plaintiffs "engaged in commerce” when they helped develop plans and specifications for the construction and repair of airports, bus terminals, and television and radio installations
- “To determine [whether employees are engaged in commerce], we focus on the activities of the employees.”
- “the [FLSA] has been construed liberally to apply to the furthest reaches consistent with congressional direction”
Citator
UpLaw has not yet analyzed Mitchell v. Lublin, McGaughy & Associates. The absence of a flag is not a finding that it is good law.
- Cited by
- 331 opinions
Headnotes
- Labor & Employment Law — Fair Labor Standards Act Whether employees are "engaged in commerce" under §§ 6 and 7 of the Fair Labor Standards Act turns on the activities of the employees themselves, not on the business of the employer. Mitchell v. Lublin, McGaughy & Associates, 358 U.S. 207, 211 (1959)
- Labor & Employment Law — Fair Labor Standards Act By excluding from the Act's coverage employees whose activities merely "affect commerce," Congress indicated its intent not to make the scope of the Act coextensive with its power to regulate commerce; however, within the coverage tests Congress fashioned, the Act is construed liberally to apply to the furthest reaches consistent with congressional direction. 358 U.S. at 211
- Labor & Employment Law — Fair Labor Standards Act Where employees' activities relate to interstate instrumentalities or facilities, the test of whether they are "engaged in commerce" is whether the work is so directly and vitally related to the functioning of an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it, rather than isolated, local activity. 358 U.S. at 212
- Labor & Employment Law — Fair Labor Standards Act The preparation of plans, drawings, and specifications for the repair and construction of interstate instrumentalities and facilities, and the work of employees intimately related to that preparation, is directly and vitally related to the functioning of those facilities, because without such plans the construction could not be effected and the facilities could not function as planned; employees engaged in such work are "engaged in commerce" within the Act. 358 U.S. at 212
- Labor & Employment Law — Fair Labor Standards Act A facility designed for war may also be an instrumentality of commerce; military air bases used for interstate flights, through which men, materials, and mail move from distant points, are instrumentalities of commerce, and employees working on plans and specifications for construction at such bases are engaged in commerce. 358 U.S. at 213
- Labor & Employment Law — Fair Labor Standards Act The "new construction" doctrine does not remove employees from the Act's coverage where the projects involve the repair, extension, or relocation of existing facilities rather than wholly new construction. 358 U.S. at 213
- Labor & Employment Law — Enforcement Section 17 of the Fair Labor Standards Act gives the district courts jurisdiction, for cause shown, to restrain violations of the Act; the injunction is the only effective device available to the Secretary of Labor when coverage is in doubt and he wishes to establish the Act's availability to employees not theretofore afforded its protections. 358 U.S. at 213–14
- Labor & Employment Law — Enforcement Even where coverage is established, whether to issue an injunction remains within the sound discretion of the district court; the court may decline to issue one where the employer discloses its records, stipulates which employees are covered, and agrees not to violate the Act in the future. 358 U.S. at 215
delivered the opinion of the Court.
Petitioner, the Secretary of Labor, brought this action under § 17 of the Fair Labor Standards Act, 29 U. S. C. § 217,1 to restrain respondent2 from violating the record-keeping and overtime provisions of the Act. 29 U. S. C. §§ 206, 207, 211. The complaint was dismissed basically on the lower court’s conclusion that the activities of respondent, an architectural and consulting engineering firm, were local in nature and not within the Act’s coverage. 250 F. 2d 253. We granted certiorari, 356 U. S. 917, to resolve an apparent conflict with a decision of another Court of Appeals in a similar case.3
Respondent is hired to design public, industrial and residential projects and to prepare plans and specifica
The government contracts required respondent to produce plans and specifications, copies of which were sent by the governmental agencies to prospective bidders, many of whom were located outside Virginia and the District of Columbia. These plans consisted of drawings and designs and were supplemented by explanatory specifi
The parties are agreed that respondent’s professional employees — architects and engineers — are exempted from the coverage of the Act by §13 (a)(1), 29 U. S. C. § 213 (a)(1).4 Therefore, the Secretary’s injunction action is directed at some fifty employees mentioned above: draftsmen, fieldmen, clerks and stenographers. The stenographers, in addition to their connection with the plans and specifications, manned respondent’s private phone wire connecting the Norfolk and Washington offices, prepared and typed substantial numbers of letters concerning the described projects which were mailed to persons in places other than Virginia and the District of Columbia, and prepared payrolls in the Virginia office for employees at the Washington and Norfolk locations.
Respondent contends that its activities are essentially local in nature. But as we stated, Congress deemed the activities of the individual employees, not those of the employer, the controlling factor in determining the proper application of the Act. Here the activities of the employees show clearly that they are “engaged in commerce” and thus are eligible for the protections afforded by the Act.
Although not an issue below and not a matter of disagreement between the parties before this Court, some doubt has arisen whether injunctive relief is proper in this case. Examination of the record reveals that the controversy has been whether the admitted activities of respondent’s employees during the period of the complaint
The Act sets up four means for enforcement. Section 16 (a), 29 U. S. C. § 216 (a), provides for criminal prosé-cution of willful violators. Section 16 (b), 29 U. S. C. § 216 (b), gives individual employees rights of'actions in civil suits to recover unpaid minimum wages, overtime compensation and certain liquidated damages. Section 16 (c), 29 U. S. C. § 216 (c), allows the Secretary of Labor to bring such an action in behalf of such employees provided the suit does not involve “an issue of law which has not been settled finally by the courts.” Section Í7, 29 U. S. C. § 217, of course, provides for injunctions. Even a cursory examination of these provisions shows that the injunction is the only effective device available to the Secretary when coverage is in doubt and he wishes to establish the availability of the Act to employees not theretofore afforded its protections.
We fail to see what undue burden will be placed on respondent by the issuance of an injunction especially in view of the District Court’s suggestion, to which both parties appear to have acquiesced, that if coverage premised on the admitted activities is established, the
The judgment is reversed and the case is remanded to the District Court for proceedings not inconsistent with this opinion.
It is so ordered.
“The district courts . . . shall have jurisdiction, for cause shown, to restrain violations of section 15 of this title. . . .”
Section 15 makes it unlawful to violate, inter alia, any of the provisions of §§ 6, 7, 11 (c) and 11 (d), 29 U. S. C. §§ 206, 207, 211 (c) and 211 (d).
The action was commenced against Lublin, McGaughy & Associates, a copartnership, Alfred M. Lublin, John B. McGaughy, William T. McMillan and William Marshall, Jr., doing business as Lublin, McGaughy & Associates, and each of those persons individually. Throughout the action,- these defendants have been treated as a single business entity which we shall refer to herein as respondent.
Mitchell v. Brown Engineering Co., 224 F. 2d 359 (C. A. 8th Cir.), certiorari denied, 350 U. S. 875.
The section provides:
“The provisions of sections 206 and 207 of [this] title shall not apply with respect to (1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Administrator)
Section 6 provides:
“(a) Every employer shall pay to each of his employees who is engaged in commerce or in the production of goods for commerce wages at the following rates . . . .”
Section 7 provides:
“(a) Except as otherwise provided in this section, no employer shall employ any of his employees who is engaged in commerce or in the production of goods for commerce for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
See also the limitations contained in §3 (j), 29 U. S. C. § 203 (j), concerning the coverage of persons engaged in occupations related to the production of goods for commerce.
See also Mitchell v. Vollmer & Co., supra; Alstate Construction Co. v. Durkin, 345 U. S. 13; Walling v. Jacksonville Paper Co., supra, at 567.
See also Fitzgerald Co. v. Pedersen, 324 U. S. 720; McLeod v. Threlkeld, supra; Walling v. Jacksonville Paper Co., supra; Overstreet v. North Shore Corp., supra.