Leventhal, MacKinnon and Wilkey, Circuit Judges.
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LEVENTHAL
This is a class action by 92 bus drivers, for themselves and others similarly situated, against the WMA Transit Company, their employer, for its failure to pay overtime compensation for hours worked in excess of 40 hours per week, claimed to be required by the District of Columbia Minimum Wage Act of 1966 (D.C. Act). *fn1 We need not and do not consider the Company's claims that it did not work its men overtime, and that it obtained a release. The case comes to us in the posture of a summary judgment entered by the Court of General Sessions (now Superior Court) sustaining the contention that the D.C. Act does not apply to these employees, which the District of Columbia Court of Appeals affirmed. *fn2
While this case involves the construction of the D.C. Act, its sound disposition requires consideration of the interrelation between the D.C. Act and the Federal statutory provisions relating to minimum compensation and maximum hours for bus drivers in interstate commerce. We reverse and remand.
The material facts *fn3 may be briefly stated as follows:
The Company is a Delaware corporation with offices on the Maryland side of the District boundary. The Company has no facilities in the District of Columbia, but it stations dispatchers on the streets in the District, and its buses periodically wait at certain locations in the District. It operates three types of service. It runs a Government contract operation which is local within the District but relatively minor. It runs a charter operation -- accounting for 19% of driver hours. This is essentially a metropolitan area service. Approximately 60% of the charter groups are picked up in and returned to the District of Columbia, though the Company stresses that the drivers and buses start from and return to garages in Maryland.
The most significant part of the Company's business is its operation of 84 regular bus routes, of which 79 enter the District of Columbia. More than 50% of the regular route passengers are interstate passengers, either picked up in Maryland and discharged in the District, or vice versa. Some passengers are both picked up and discharged in the District, others are Maryland local passengers. The Company receives a cash subsidy from the District of Columbia for transporting D.C. public school children on its routes.
The Company requires its bus drivers to have both D.C. and Maryland licenses. The Company basically does not segregate its drivers according to particular routes or places of operation. They may be asked to move from route to route. The Company made a time study and from this estimates that on the average its bus drivers spend 38% of total pay time within the District. The underlying data show some drivers with work-weeks spent primarily (more than 50%) in the District of Columbia.
B. Discussion of Statutory Provisions
The District of Columbia Minimum Wage Act implements its spacious purpose, *fn4 and its specific provisions requiring payment of minimum wages, and overtime compensation, at time and one-half the regular rate, for employees worked longer than 40 hours per week, *fn5 with broad coverage provisions. The basic ...