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Administrative Law Keyed to Breyer
Skidmore v. Swift & Co.
Citation:
323 U.S. 134 (1944)Facts
The plaintiffs were seven employees of Swift & Company’s Fort Worth plant who worked regular daytime shifts (7:00 a.m. to 3:30 p.m.) as firefighters or in related duties. Under their employment agreement, they were also required to stay in the company’s fire hall three to four nights per week, where they had to remain on the premises or within hailing distance to respond to fire alarms. During these waiting periods, they were provided with sleeping quarters and recreational facilities, and could use their time for sleep or amusement as they saw fit, provided they remained available to answer alarms. The employees received fixed weekly salaries plus additional compensation for each alarm answered. The Administrator of the Wage and Hour Division had issued interpretative bulletins suggesting that some waiting time should be counted as working time under the Fair Labor Standards Act, depending on the degree to which employees were free to engage in personal activities.
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