*440Defendant was in the business* of supplying guards to certain of the ships of the War Shipping Administration during such times as they were in port at Los Angeles and Long Beach. It is for work performed for defendant during the period of July 16, 1944, to October 31, 1945, in performance of his contract with the War Shipping Administration, that plaintiffs claim they were underpaid. Prior to July 16, 1944, defendant paid the guards, among whom were plaintiffs, at the rate of 92% cents an hour for all hours worked. The usual workweek was 84 hours, divided into seven days of twelve hours each. Defendant, prior to the mentioned date (July 16,1944), apparently believing that he was not required to do otherwise, paid no overtime rate for hours worked over 40 a week. Likewise, the War Shipping Administration during the times here involved paid defendant a flat rate of $1.05 an hour for each guard furnished, regardless of the number of hours a week worked by each man; i. e., no overtime rate was paid by the government agency to defendant at any time.