ADMINISTRATIVE LAW - FAIR LABOR STANDARDS ACT - POWER OF ADMINISTRATOR OF WAGE AND HOURS DIVISION TO DELEGATE AUTHORITY TO ISSUE SUBPOENA DUCES TECUM TO SUBORDINATES

Authors

Jay Sorge, University of Michigan Law SchoolFollow

Abstract

The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused to dismiss the proceedings. The circuit court of appeals affirmed the findings of the district court, and appeal was made to the Supreme Court. Held, the proceedings should be dis. missed since the Administrator of the Wage and Hour Division has no authority under the Fair Labor Standards Act to delegate the power to issue a subpoena duces tecum to subordinate officials. Cudahy Packing Co. v. Holland, (U. S. 1942) 62 S. Ct. 651, affg. (C. C. A. 5th, 1941) 119 F. (2d) 209.

Recommended Citation

Jay Sorge, ADMINISTRATIVE LAW - FAIR LABOR STANDARDS ACT - POWER OF ADMINISTRATOR OF WAGE AND HOURS DIVISION TO DELEGATE AUTHORITY TO ISSUE SUBPOENA DUCES TECUM TO SUBORDINATES, 40 Mich. L. Rev. 894 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss6/8