SKIDMORE V. SWIFT & CO.
323 U.S. 134 (1944)
NATURE OF THE CASE: This was a dispute over overtime pay. The District Court rendered
judgment denying this claim wholly, and the Circuit Court of Appeals for the Fifth Circuit
affirmed. Certiorari was granted to review the affirmance of a judgment, denying recovery in
a suit under the Fair Labor Standards Act for overtime, liquidated damages, and attorney's
fees.
FACTS: Seven employees of Swift (D) brought an action under the Fair Labor Standards Act
to recover overtime pay, liquidated damages, and attorney fees. They worked for D during the
day but agreed under an oral agreement to stay in the fire hall on the company premises
three to four nights a week. Their only task was to answer alarms for fire or because
sprinklers went off. The alarms were rare and the time required for each emergency rarely
exceeded an hour. For each alarm sounded the employees were paid fifty and later sixty-four
cents; this was in addition to their fixed compensation. They resided in the firehouse that
had heat and AC, sleeping quarters, a pool table, a domino table, and a radio. The men used
that time to do whatever they wanted other than to be ready to answer an alarm. The trial
court ruled that this time spent was not subject to overtime compensation as interpreted by
the Administrator of the Court. The Court of Appeals affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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