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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

1,463 chars
It is thus apparent that defendant’s new wagecompiitation schedule violated no specific provision of the Fair Labor Standards Act and is fairly within the “operation of the act.” Plaintiffs contend, however, that the new schedule resulted in “a reduction in the rate” of plaintiffs’ pay and that, therefore, under certain provisions of the Stabilization Act of 1942 (56 Stats. 765; 50 U.S.C.A. App. §§ 961-971), and the rules and regulations promulgated thereunder (see, also, section 7 of the War Labor Disputes Act (1943), 50 U.S.C.A. App. § 1507), defendant was required to secure the approval of the National War Labor Board before he could lawfully put the new computation schedule into effect. Plaintiffs rely particularly upon the provisions of subdivision (a) of section 5 of the Stabilization Act of 1942, to the effect that “No employer shall pay, and no employee shall receive, wages or salaries in contravention of the regulations .promulgated by the President under this Act,” as well as upon the provision of section 1 of title II of Executive Order No. 9250 (50 U.S.C.A. App., p. 315), issued pursuant to authority granted by section 2 of the Stabilization Act of 1942, that “1. No increases in wage rates . . . and no decreases in wage rates, shall be authorized unless notice of such increases or decreases shall have been filed with the National War Labor Board, and unless the National War Labor Board has approved such increases or decreases.”