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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 7

Citation
Section 7
Parent Document
Marvin v. Hodgson, 33 Cal. 2d 439 (1949)
Jurisdiction
California (state)
Effective Date
1949-02-01

Full Text

1,432 chars
Plaintiffs continued in defendant’s employ until October 31, 1945, and received their pay under the new schedule. On November 6, 1945, they filed this action. They urge that because defendant did not secure the approval of the National War Labor Board before putting into effect the new hourly wage-computation schedule to which they had agreed, that they were and are entitled to be paid for the period between July 16, 1945, and October 31, 1945, at the old rate of 92% cents an hour for the first 40 hours worked each week, plus one and one-half times that rate for all hours in excess of 40 each week; in other words, plaintiffs argue that their “regular rate” of pay, as those words are used in section 7 of the Fair Labor Standards Act, quoted hereinabove, remained at 92% cents an hour, and that the effect of the time and one-half provision for overtime was to give them an increase in total wages over the amounts previously paid. They assert that as a matter of law they are entitled to receive the increase despite their clear understanding of the new wage computation schedule and of the reason and necessity therefor, and despite the fact that they accepted the new schedule insofar as defendant’s obligation was concerned and continued working at the changed hourly rates. The trial court held with plaintiffs, judgment was entered accordingly, including liquidated damages and attorney’s fees, and defendant appealed.