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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

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Certainly, if plaintiffs’ position were to be upheld, the effect would be to increase both the “wage rate” as to 44 hours of each workweek and the “total wage” for the work performed. Such increase was just as much debarred by the Stabilization Act and executive orders thereunder as was the decrease in wage rate for the first 40 hours, unless the Fair Labor Standards Act is to control “unaffected” in its “present operation.” But if the Fair Labor Standards Act does so control, then, as previously shown, the plaintiffs and defendant “as a matter of law . . . [were free to] establish the ‘regular rate’ by contract.” (Walling v. A. H. Belo Corp. (1942), supra, 316 U.S. 624, 631 [62 S.Ct. 1223, 1227, 86 L.Ed. 1716].)