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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

865 chars
Plaintiffs rely upon Employers Group, etc. Carriers v. National War Labor Board (1944), D.C. C.A., 143 F.2d 145, and Wernhardt v. Koenig (1945), 60 F.Supp. 709. In neither of those cases were employes seeking to require their employer to adhere to a former basic or “regular” rate of pay on the ground, advanced here, that by reason of the wartime acts such rate could not be adjusted by agreement in order to comply with the Fair Labor Standards Act. Moreover, in neither of those cases does it appear that the court considered the provisions of the wartime acts and regulations, quoted hereinabove, which indicate the intention that the Fair Labor Standards Act should be “unaffected” by such acts and regulations. Therefore, those cases appear to set forth no applicable principles of law controlling here. For the reasons above stated, the judgment is reversed.