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Administrative Law Keyed to Seamon
Skidmore v. Swift & Co.
Citation:
323 U.S. 134 (1944)Facts
Seven employees of Swift & Company’s packing plant in Fort Worth, Texas, brought an action under the Fair Labor Standards Act to recover overtime pay. The employees worked regular daytime shifts from 7:00 a.m. to 3:30 p.m., five days a week, and were also required to stay in the company fire hall three and a half to four nights each week. During these overnight periods, they were free to sleep, play games, or engage in other recreational activities but had to remain on the premises or within hailing distance to respond to fire alarms. The employees were paid a fixed weekly salary for their daytime work and received additional compensation for each alarm they answered. The company provided sleeping quarters and recreational facilities in the fire hall. The employees argued that their waiting time at the fire hall constituted working time under the FLSA and should be compensated accordingly.
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