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WALLING v. HIGGINS

December 3, 1942

WALLING, Administrator of Wage and Hour Division, United States Department of Labor,
v.
HIGGINS



The opinion of the court was delivered by: BARD

This is an action brought by the administrator of the Wage and Hour Division to enjoin defendant from violating Section 15 (a) (1), (2) and (5) of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. I make the following special

Findings of Fact:

 1. Plaintiff is the duly qualified Administrator of the Wage and Hour Division, United States Department of Labor.

 2. Defendant is a resident of Pennsylvania and is now and has been since prior to October 24, 1939, the sole owner and operator of a manufacturing plant located in Philadelphia, Pennsylvania, where he is engaged, under the name of Artex Sample Book Company, in the production and sale of sample books.

 3. From some time prior to October 24, 1939, until the present time the defendant has employed approximately ten employees in his business.

 4. The operations of these employees consist of cutting fabrics, leathers, textiles and other materials into swatches, labeling them, pasting or otherwise attaching them to pasteboards or folders, assumbling them and putting them into rotation.

 5. All of defendant's employees have some part in the operations which result in the finished sample book which uses paper or paper products as a component.

 6. The customers of the defendants for whom these sample books are manufactured are all located in Pennsylvania and in almost every case the defendant delivers the sample books directly to his customers who in turn thereafter distribute them to their prospective customers.

 7. Sample books produced by defendant using paper as a component are distributed by his customers to points outside of Pennsylvania.

 8. The sample books are shipped, delivered and transported in interstate commerce at no cost to the ultimate recipients thereof.

 9. On May 29, 1941, the Administrator of the Wage and Hour Division duly promulgated a wage order for the converted paper products industry establishing a minimum wage rate of thirty-eight cents an hour, effective as of June 30, 1941.

 10. During the period beginning June 30, 1941 until after the present action was instituted defendant paid a number of his employees wages at rates less than thirty-eight cents per hour for their employment in the production, inter alia, of sample books of which paper is a component.

 11. The defendant at the time of the hearing in this case was in compliance with the provisions of the Fair Labor Standards Act of 1938 and the wage rates prescribed by the wage ...


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