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Legislative Process Keyed to Bressman, 4th Ed.
Skidmore v. Swift & Co.
Citation:
323 U.S. 134 (1944)Facts
Seven employees of Swift & Company’s Fort Worth packing plant worked regular daytime shifts from 7:00 a.m. to 3:30 p.m. as firefighters and elevator operators. Under their employment agreement, they were also required to stay at the company fire hall three to four nights per week to respond to alarms. During these overnight periods, they could sleep, play games, or listen to the radio, but had to remain on premises or within hailing distance. They were rarely called to respond to alarms, and when they did, they received additional compensation. The employees sued for overtime pay for the time spent waiting at the fire hall. The lower courts ruled that this waiting time did not constitute working time under the Fair Labor Standards Act, with the district court concluding that “pursuing such pleasurable occupations” did not constitute work.
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