LABOR LAW - COVERAGE UNDER FAIR LABOR STANDARDS ACT OF SERVICE EMPLOYEES OF LOFT BUILDING WHOSE TENANTS ARE ENGAGED IN COMMERCE

Authors

Lee B. Brody, University of Michigan Law School

Abstract

Defendant was a lessor of a loft building, portions of which were occupied by clothing manufacturers who shipped their products into interstate commerce. As part of its obligation under the lease, the defendant offered service and maintenance of the building, employing for that purpose elevator operators, watchmen, firemen, an engineer, a carpenter and his helper, and a porter. Defendant appealed from an injunction prohibiting it from further violating the wage provisions of the Fair Labor Standards Act of 1938. The circuit court of appeals affirmed the judgment of the district court granting the injunction. Held, on certiorari, one justice dissenting, that the decision of the circuit court of appeals be affirmed. The employees were engaged "in the production of goods for commerce" and did not fall within the statutory exemption for "service establishments." Kirschbaum v. Walling, (U. S. 1942) 62 S. Ct. 1116.

Recommended Citation

Lee B. Brody, LABOR LAW - COVERAGE UNDER FAIR LABOR STANDARDS ACT OF SERVICE EMPLOYEES OF LOFT BUILDING WHOSE TENANTS ARE ENGAGED IN COMMERCE, 41 Mich. L. Rev. 340 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss2/18