Mabee v. White Plains Publ'g Co., 327 U.S. 178 (1946). · Go Syfert
Mabee v. White Plains Publ'g Co., 327 U.S. 178 (1946). Cases Citing This Book View Copy Cite
Quick Summary

The Fair Labor Standards Act applies to the production of goods for interstate commerce regardless of the volume of shipments or the small percentage of out-of-state circulation.

A daily newspaper publisher with a small percentage of out-of-state circulation sought to determine if it was subject to the Fair Labor Standards Act. Employees sued for overtime compensation, but the lower courts dismissed the complaint by applying the maxim de minimis to the volume of interstate commerce. The Supreme Court holds that the Act makes unlawful the shipment in commerce of any goods produced in violation of its requirements and makes no distinction based on the volume of business. Because the publisher regularly ships newspapers across state lines, it is engaged in the production of goods for commerce, regardless of the small proportion of out-of-state circulation.

584 citation events (34 in the last 25 years) across 78 distinct courts.
Strongest positive: Jacobsen v. United States Postal Service (azd, 1986-01-06)
Treatment trajectory · 1946 → 2026 · click a year to view as-of
1946 1986 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
examined Cited as authority (quoted) Jacobsen v. United States Postal Service (3×)
D. Ariz. · 1986 · quote attribution · 3 verbatim quotes · confidence low
the grosjean case is not in point here. there the press was singled out for special taxation and the tax was graduated in accordance with the volume of circulation. no such vice inheres in this legislation.
cited Cited as authority (rule) SCALIA v. EAST PENN MANUFACTURING COMPANY, INC.
E.D. Pa. · 2021 · confidence medium
Co., 327 U.S. 178, 182 (1946) (citing Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944)).
cited Cited as authority (rule) Bailey v. United States
Fed. Cl. · 2019 · confidence medium
See also Powell v. United States Cartridge Co., 339 U.S. 497, 512 (1950); Mabee v. White Plains Publishing Co., 327 U.S. 178, 183-184 (1946).
discussed Cited as authority (rule) Wilson v. Cable News Network, Inc.
Cal. Ct. App. · 2016 · confidence medium
Co. (1946) 327 U.S. 178, 184 [ 90 L.Ed. 607 , 66 S.Ct. 511 ].) As previously noted, “[T]he mere fact that an action was filed after protected activity took place does not mean the action arose from that activity for the purposes of the anti-SLAPP statute.” ( Navellier, supra, 29 Cal.4th at p. 89.) Moreover, the statute does not automatically apply simply because the complaint refers to some protected speech activities. ( Martinez, supra, 113 Cal.App.4th at p. 188.) The dissent contends that the majority “conflates” the first and second prongs of the SLAPP statute.
discussed Cited as authority (rule) William J. Lang Land Clearing, Inc. v. ADMINISTRATOR, WAGE AND HOUR DIVISION
E.D. Mich. · 2007 · confidence medium
The agency promulgated a Field Office Handbook, that, given the agency’s expertise, “while not controlling upon the courts by reason of their authority, do constitute a body of experience and informed judgment to which the courts and litigants may properly resort for guidance.” Reich v. Miss Paula’s Day Care Center, Inc., 37 F.3d 1191, 1194 (6th Cir.1994) (quoting Mabee v. White Plains Publishing Co., 327 U.S. 178, 182 , 66 S.Ct. 511 , 90 L.Ed. 607 *880 (1946) and citing Skidmore v. Swift & Co., 323 U.S. 134, 140 , 65 S.Ct. 161 , 89 L.Ed. 124 (1944)); see also Battle Creek Health Syste…
discussed Cited as authority (rule) Citicorp Industrial Credit, Inc. v. Brock (2×)
SCOTUS · 1987 · confidence medium
See also Powell v. United States Cartridge Co., 339 U. S. 497, 512 (1950); Mabee v. White Plains Publishing Co., 327 U. S. 178, 183-184 (1946).
discussed Cited as authority (rule) News Printing Co. v. TOTOWA BOR.
N.J. Super. Ct. App. Div. · 1986 · confidence medium
Co., 327 U.S. 178, 184 , 66 S.Ct. 511, 514 , 90 L.Ed. 607, 613 (1946), where the court noted that since "the press has business aspects it has no special immunity from laws applicable to business in general." [ Id. 13 N.J. at 585-586 ] The only relevant language in N.J.S.A. 40:52-1(g) is: ... street stands for the sale or distribution of newspapers, magazines, periodicals, books, and goods and merchandise or other articles.
discussed Cited as authority (rule) Ford B. Ford, Under Secretary of Labor, United States Department of Labor v. James Sharp, Jr., D/B/A Parkside Washateria (2×)
5th Cir. · 1985 · confidence medium
Co., supra, 327 U.S. at 184, 66 S.Ct. at 514, 90 L.Ed. 607 (1946). 14 .
discussed Cited as authority (rule) Committee For An Independent P-I v. The Hearst Corp.
9th Cir. · 1983 · confidence medium
Associated Press v. NLRB, 301 U.S. 103, 132-133 , 57 S.Ct. 650, 655-656 , 81 L.Ed. 392 (1937); Mabee v. White Plains Publishing Co., 327 U.S. 178, 184 , 66 S.Ct. 511, 514 , 90 L.Ed. 607, 613 (1946); Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 193-194 , 66 S.Ct. 494, 497-498 , 90 L.Ed. 614, 620-621 (1946). 58 Grosjean v. American Press Co., 297 U.S. 233 , 56 S.Ct. 444 , 80 L.Ed. 660 (1935), is cited by the Committee in support of its first amendment argument.
discussed Cited as authority (rule) Committee for an Independent P-I v. Hearst Corp.
9th Cir. · 1983 · confidence medium
Associated Press v. NLRB, 301 U.S. 103, 132-133 , 57 S.Ct. 650, 655-656 , 81 L.Ed. 392 (1937); Mabee v. White Plains Publishing Co., 327 U.S. 178, 184 , 66 S.Ct. 511, 514 , 90 L.Ed. 607, 613 (1946); Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 193-194 , 66 S.Ct. 494, 497-498 , 90 L.Ed. 614, 620-621 (1946).
discussed Cited as authority (rule) Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue (2×) also: Cited "see"
SCOTUS · 1983 · signal: cf. · confidence medium
Cf. Mabee v. White Plains Publishing Co., 327 U. S. 178, 183, 184 (1946) (upholding exemption from Fair Labor Standards Act of small weekly and semiweekly newspapers where the purpose of the exemption was “to put those papers more on a parity with other small town enterprises”).
cited Cited as authority (rule) Hodgson v. Servomation-Ajax Co.
N.D. Miss. · 1971 · confidence medium
Co., 327 U.S. 178, 182 , 66 S.Ct. 511 , 90 L.Ed. 607, 611 (1946).
examined Cited as authority (rule) Weaver v. Jordan (4×)
Cal. · 1966 · confidence medium
Co. (1946) 327 U.S. 178, 184 [ 66 S.Ct. 511 , 90 L.Ed. 607 ]; Associated Press v. National Labor Relations Board (1937) 301 U.S. 103, 130 [ 37 S.Ct. 650 , 81 L.Ed. 953 ].) In Kovacs v. Cooper, supra (1949) 336 U.S. 77 , an ordinance was sustained which barred sound trucks from broadcasting in a loud and raucous manner on the streets. [13] And in Breard v. City of Alexandria, supra (1951) 341 U.S. 622 , a local ordinance denominating a nuisance and prohibiting door-to-door solicitation of orders for goods, without previous request by the occupant of the home, was sustained against First Amendme…
discussed Cited as authority (rule) Abbott, Proctor & Paine v. The United States (2×)
Ct. Cl. · 1965 · confidence medium
Cf. Grosjean v. American Press Co., 297 U.S. 233, 250 , 56 S.Ct. 444 , 80 L.Ed. 660 (1936); Mur-dock v. Commonwealth of Pennsylvania, 319 U.S. 105, 112 , 63 S.Ct. 870 , 87 L.Ed. 1292 (1943); Follett v. Town of McCormick, 321 U.S. 573, 577-578 , 64 S.Ct. 717 , 88 L.Ed. 938 (1944); Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 192-194 , 66 S.Ct. 494 , 90 L.Ed. 614 (1946); Mabee v. White Plains Publishing Co., 327 U.S. 178, 184 (1946).
cited Cited as authority (rule) Hudson County News Co. v. Sills
N.J. · 1963 · confidence medium
Ed. 2d, at pp. 115-117; cf. City of Absecon v. Vettese, 13 N. J. 581, 586 (1953); Mabee v. White Plains Publishing Co., 327 U. S. 178, 184 , 66 S. Ct. 511 , 90 L.
discussed Cited as authority (rule) Hudson County News Co. v. Sills
N.J. · 1963 · confidence medium
See Konigsberg v. State Bar of California, supra, 366 U.S., at pp. 50-52, 81 S.Ct., at pp. 1006-1007, 6 L.Ed. 2 d, at pp. 115-117; cf. City of Absecon v. Vettese, 13 N.J. 581, 586 (1953); Mabee v. White Plains Publishing Co., 327 U.S. 178, 184 , 66 S.Ct. 511 , 90 L.Ed. 607, 613 (1946).
cited Cited as authority (rule) City of Absecon v. Vettese
N.J. · 1953 · confidence medium
Co., 327 U. S. 178, 184 , 66 S. Ct. 511, 514 , 90 L.
cited Cited as authority (rule) United States v. Grubl
9th Cir. · 1951 · confidence medium
Co., 327 U.S. 178, 181, 182 , 66 S.Ct. 511 , 90 L.Ed. 607 . 3 .
examined Cited "see" Freeman v. National Broadcasting Co., Inc. (3×)
S.D.N.Y. · 1993 · signal: see · confidence high
Skidmore v. Swift & Co., 323 U.S. 134, 140 , 65 S.Ct. 161, 164 , 89 L.Ed. 124 (1944); see Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); cf. Dybach v. Florida Dep’t of Correction, 942 F.2d 1562 (11th Cir.1991) (regulations issued by the executive officer charged with administration of a statute are controlling when issued to fill a gap left by Congress, unless they are arbitrary).
examined Cited "see" Elizabeth Dole v. West Extension Irrigation District (5×) also: Cited "see, e.g."
9th Cir. · 1990 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. at 181 , 66 S.Ct. at 512 .
examined Cited "see" Cruz v. Chesapeake Shipping Inc. (3×)
D. Del. · 1990 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178, 181 , 66 S.Ct. 511, 512 , 90 L.Ed. 607 (1946); Marshall v. Victoria Transportation Co., Inc., 603 F.2d 1122 , 1124 (5th Cir.1979); Donovan v. Micro-Chart Co., 653 F.Supp. 1159, 1163 (S.D.Ohio 1986); Marshall v. Whitehead, 463 F.Supp. 1329, 1358 (M.D.Fla. 1978).
examined Cited "see" National Association of Greeting Card Publishers v. United States Postal Service, Association of American Publishers, Inc., Recording Industry Association of America, Inc., Council of Public Utility Mailers, Growers & Shippers League of Florida, Associated Third Class Mail Users, American Bankers Association, American Business Press, Inc., Magazine Publishers Association, Inc., Direct Mail/marketing Association, Inc., Reader's Digest Association, Inc., American Council on Education, United Parcel Service of America, American Newspaper Publishers Association, and the National Newspaper Association, Dow Jones & Company, Inc., National Foundation March of Dimes, United Parcel Service of America, Inc., Intervenors. National Association of Greeting Card Publishers v. United States Postal Service, (Two Cases). Time Incorporated v. United States Postal Service, Time Incorporated v. United States Postal Service. Growers and Shippers League of Florida, and Florida Gift Fruit Shippers Association v. United States Postal Service, American Newspaper Publishers Association and National Newspaper Association v. United States Postal Service, American Business Press, Inc. v. United States Postal Service, American Business Press, Inc. v. United States Postal Service. Magazine Publishers Association, Inc. v. United States Postal Service. Magazine Publishers Association, Inc. v. United States Postal Service, State of Maine, State of Indiana, State of Florida, State of Rhode Island, State of Washington, and State of Arkansas v. United States Postal Service, American Business Press, Inc., States of Utah, Iowa and Illinois, Direct Mail/marketing Association, Inc., Magazine Publishers Association, Inc., Readers Digest Association, Inc., Time, Inc. & United Parcel Service of America, Inc., Association of American Publishers, Inc., Mail Order Association of America, Parcel Shippers Association, American Newspaper Publishers Association & National Newspaper Association, Dow Jones & Co., Inc., Intervenors. Commonwealth of Massachusetts v. United States Postal Service, Magazine Publishers Association, Inc., Time Incorporated, United Parcel Service of America, Inc., American Newspaper Publishers Association, National Newspapers Association, State of Connecticut, Direct Mail/marketing Association, Inc., Dow Jones & Co., Inc., Intervenors (3×)
3rd Cir. · 1979 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186 , 66 S.Ct. 494 , 90 L.Ed. 614 (1946). 106 PRC Op. at 289; R. 4-00786 (table) 107 PRC App. G, schedule 3, at 7-8 108 See Consolo v. Federal Maritime Comm'n, 383 U.S. 607, 618-21 , 86 S.Ct. 1018 , 16 L.Ed.2d 131 (1966); Environmental Defense Fund v. EPA, 179 U.S.App.D.C. 43, 48-49 , 548 F.2d 998, 1003-04 (1976), Cert. denied, 431 U.S. 925 , 97 S.Ct. 2199 , 53 L.Ed.2d 239 (1977) 109 PRC Op. at 289 110 Id. at 289-90 111 R. 4-00318.
examined Cited "see" National Association of Greeting Card Publishers v. United States Postal Service (3×)
D.C. Cir. · 1979 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186 , 66 S.Ct. 494 , 90 L.Ed. 614 (1946). .
examined Cited "see" Shultz v. Reed's Shipyard of Boothbay, Inc. (3×)
D. Me. · 1969 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178, 181-184 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); Walling v. Jacksonville Paper Co., 317 U.S. 564, 571-572 , 63 S.Ct. 332 , 87 L.Ed. 460 (1943); Wirtz v. Durham Sandwich Co., 367 F.2d 810, 812 (4th Cir. 1966); Mid-Continent Petroluem Corp. v. Keen, 157 F.2d 310, 315-316 (8th Cir. 1946).
examined Cited "see" Edgar W. Dickenson, Jr. v. United States (3×)
9th Cir. · 1966 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178, 182 , 66 S.Ct. 511 , 90 L.Ed. 607 ; United States v. Darby, 312 U.S. 100, 123 , 61 S.Ct. 451 , 85 L.Ed. 609 . 7 . 29 C.F.R. § 776.4 ; see, e.g., Guess v. Montague, 4 Cir., 140 F.2d 500 .
discussed Cited "see" Nunn's Battery and Electric Company, Inc. v. W. Willard Wirtz, Secretary of Labor, United States Department of Labor (2×)
5th Cir. · 1964 · signal: see · confidence high
See Union Nat’l Bank v. Durkin, supra. 3 . 327 U.S. at 181-182 , 66 S.Ct. at 512-513 .
examined Cited "see" Charles Goldstein v. Megerdich Dabanian and Emma K. Dabanian T/a East Tioga Check Service. Louis Sernovitz, Herbert Sabulsky and Sidney Singer v. Irving Hertz, T/a Terminal Check Service (3×)
3rd Cir. · 1961 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 1946, 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 . 6 The handling of the checks by these employees was also a part of interstate commerce.
examined Cited "see" Goldstein v. Dabanian (3×)
3rd Cir. · 1961 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 1946, 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 .
examined Cited "see" Mitchell v. Sucrs. De A. Mayol & Co. (3×)
D.P.R. · 1958 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178 , at page 181, 66 S.Ct. 511 , at page 512, 90 L.Ed. 607 ; Tilbury v. Mitchell, 5 Cir., 220 F.2d 757 , affirming per curiam Tilbury v. Rogers, D.C., 123 F.Supp. 109 , certiorari denied 350 U.S. 839 , 76 S.Ct. 77 , 100 L.Ed. 748 ; Mitchell v. Royal Baking Co., supra; Mitchell v. Idaho Lumber Co., 9 Cir., 223 F.2d 836 ; Skidmore v. John J.
examined Cited "see" Publishers New Press, Inc. v. Moysey (3×)
S.D.N.Y. · 1956 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 ; Fleming v. Lowell Sun Co., D.C.Mass.1940, 36 F.Supp. 320 ; Lowell Sun Co. v. Fleming, 1 Cir., 1941, 120 F.2d 213 , affirmed 315 U.S. 779 , 62 S.Ct. 487 , 86 L.Ed. 1187 .
examined Cited "see" Balazs v. Brannan (3×)
N.D. Ohio · 1949 · signal: see · confidence high
See Mabee v. White Plains Publishing Co., Inc., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 ; Connecticut Light & Power Co. v. Federal Power Commission, 324 U.S. 515 , 65 S.Ct. 749 , 89 L.Ed. 1150 ; N. L.
examined Cited "see, e.g." Bowrin v. Catholic Guardian Society (3×)
S.D.N.Y. · 2006 · signal: see, e.g. · confidence low
See, e.g., Remmers v. Egor, 332 F.2d 103, 104 (2d Cir.1964) (“ ‘[S]poradic or occasional shipments of insubstantial amounts of goods’ are insufficient to bring an employee within the coverage of the act.”) (citing Mabee v. White Plains Publ’g Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946)); Lamont v. Frank Soup Bowl, No. 99 Civ. 12482, 2001 WL 521815 , at *2 (S.D.N.Y.
examined Cited "see, e.g." Adkins v. Mid-American Growers, Inc. (3×)
N.D. Ill. · 1997 · signal: see, e.g. · confidence low
See, e.g., Mabee v. White Plains Publ’g Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); Mitchell v. Jaffe, 261 F.2d 883 (5th Cir.1958); Tilbury v. Mitchell, 220 F.2d 757 (5th Cir.1955), aff 'g per curiam, 123 F.Supp. 109 (W.D.La.1954).
examined Cited "see, e.g." Donovan v. Frezzo Brothers, Inc. (3×)
3rd Cir. · 1982 · signal: see, e.g. · confidence low
See e.g., Mabee v. White Plains Publishing Co., 327 U.S. 178, 182 , 66 S.Ct. 511, 513 , 90 L.Ed. 607 (1946); Skidmore v. Swift & Co., 323 U.S. 134, 140 , 65 S.Ct. 161, 164 , 89 L.Ed. 124 (1944); Dunlop v. State of New Jersey, 522 F.2d 504, 509 (3d Cir. 1975), vacated on other grounds, 427 U.S. 909 , 96 S.Ct. 3196 , 49 L.Ed.2d 1202 (1976); Goldberg v. Sorvas, 294 F.2d 841, 847 (3d Cir. 1961). 13 We think that mushroom compost is more appropriately described as a commodity produced by an industrial process or technique rather than as an agricultural commodity.
examined Cited "see, e.g." Donovan v. Frezzo Bros. (3×)
3rd Cir. · 1982 · signal: see, e.g. · confidence low
See e.g., Matee v. White Plains Publishing Co., 327 U.S. 178, 182 , 66 S.Ct. 511, 513 , 90 L.Ed. 607 (1946); Skidmore v. Swift & Co., 323 U.S. 134, 140 , 65 S.Ct. 161, 164 , 89 L.Ed. 124 (1944); Dunlop v. State of New Jersey, 522 F.2d 504, 509 (3d Cir. 1975), vacated on other grounds, 427 U.S. 909 , 96 S.Ct. 3196 , 49 L.Ed.2d 1202 (1976); Goldberg v. Sorvas, 294 F.2d 841, 847 (3d Cir. 1961).
examined Cited "see, e.g." Frank Leone v. Mobil Oil Corporation (3×)
D.C. Cir. · 1975 · signal: see also · confidence low
See also Mabee v. White Plains Publishing Co., 327 U.S. 178, 179-80 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946); Roland Electrical Co. v. Walling, 326 U.S. 657, 676 , 66 S.Ct. 413 , 90 L.Ed. 383 (1946); National Auto *1163 matic Laundry & Cleaning Council v. Shultz, 143 U.S.App.D.C. 274 , 443 F.2d 689, 701-02 (1971); this deference is tempered, however, when the ruling is inconsistent with Congressional policy, Morton v. Ruiz, 415 U.S. 199, 237 , 94 S.Ct. 1055 , 39 L.Ed.2d 270 (1947), or with other rulings, Federal Maritime Board v. Isbrandtsen Co., Inc., 356 U.S. 481, 500 , 78 S.Ct. 851 , 2 L.Ed.2d …
discussed Cited "see, e.g." Branzburg v. Hayes (2×)
SCOTUS · 1972 · signal: see also · confidence low
See also Mabee v. White Plains Publishing Co., 327 U. S. 178 (1946).
examined Cited "see, e.g." Shultz v. Blaustein Industries, Inc. (3×)
D. Maryland · 1971 · signal: see also · confidence low
Wirtz v. Durham Sandwich Co., 367 F.2d 810 (4 Cir. 1966); Crook v. Bryant, 265 F.2d 541 (4 Cir. 1959); see also Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 (1946).
examined Cited "see, e.g." Shultz v. Circulation Sales, Inc. (3×)
E.D. Mo. · 1969 · signal: see, e.g. · confidence low
See e. g., Mabee v. White Plains Publishing Co., 327 U.S. 178 , 66 S.Ct. 511 , 90 L.Ed. 607 ; Lorain Journal Co. v. United States, supra; Albrecht v. Herald Company, 390 U.S. 145 , 88 S.Ct. 869 , 19 L.Ed.2d 998 .
discussed Cited "see, e.g." Canada Packers, Ltd. v. Atchison, Topeka & Santa Fe Railway Co. (2×)
SCOTUS · 1966 · signal: compare · confidence low
Compare Mabee v. White Plains Publishing Co., 327 U. S. 178, 185 .
Retrieving the full opinion text from the archive…
MABEE Et Al.
v.
WHITE PLAINS PUBLISHING CO.
57.
Supreme Court of the United States.
Feb 11, 1946.
327 U.S. 178
1946 U.S. LEXIS 3088
David H. Moses argued the cause for petitioners. With him on the brief was Morton Lexow., Elisha Hanson argued the cause for respondent. With him on the brief was Letitia Armistead., By special leave of Court, Jeter S. Ray argued the cause for the Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curiae, urging reversal. With him on the brief were Solicitor General McGrath, William S. Tyson and Bessie Margolin.
Douglas, Jackson, Muephy.
Cited by 218 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: D. Arizona (3)

Lead Opinion

Me. Justice Douglas

delivered the opinion of the Court.

Respondent publishes a daily newspaper at White Plains, New York. During the period relevant here, its daily circulation ranged from 9,000 to 11,000 copies. It had no desire for and made no effort to secure out-of-state circulation. Practically all of its circulation was local. But about one-half of 1 per cent was regularly out-of-state.[1] Petitioners are some of respondent’s employees. They brought this suit in the New York courts to recover overtime compensation; liquidated damages and counsel fees pursuant to § 16 (b) of the Fair Labor Standards Act of 1938. 52 Stat. 1069, 29 U. S. C. § 216 (b). The supreme court gave judgment for the petitioners. 179 Misc. 832, 38 N. Y. S. 2d 231; 180 Misc. 8, 41 N. Y. S. 2d 534. The appellate division reversed and ordered the complaint to be dismissed. 267 App. Div. 284, 45 N. Y. S. 2d 479. That judgment was affirmed by the court of[*181] appeals without opinion. 293 N. Y. 781, 58 N. E. 2d 520; 294 N. Y. 701, 60 N. E. 2d 848. The case is here on a petition for a writ of certiorari which we granted because of the probable conflict between the decision below and those from the federal courts.[2]

The appellate division applied the maxim de minimis to exclude respondent from'the provisions of the Act. We think that was error. The Court indicated in Labor Board v. Fainblatt, 306 U. S. 601, 607, that the operation of the National Labor Relations Act (49 Stat. 449, 29 U. S. C. § 151) was not dependent on “any particular volume of commerce affected more than that to which courts would apply the maxim de minimis.” That Act,[3] unlike the present one (Walling v. Jacksonville Paper Co., 317 U. S. 564, 570-571), regulates labor disputes “affecting” commerce. 49 Stat. 450, 29 U. S. C. § 152. We need not stop to consider what different scope, if any, .the maxim de minimis might have in cases arising thereunder. Here Congress has made no distinction on the basis of volume of business. By § 15- (a) (1) it has made unlawful the shipment in commerce of “any goods in the production of which any employee was employed in violation of” the overtime and minimum wage requirements of the Act. Though we assume that sporadic or occasional shipments of insubstantial amounts of goods were not intended to be included in that prohibition, there is no warrant for assuming that regular shipments in commerce are to be included[*182] or excluded dependent on their size. That has been the consistent position of the Administrator. Interpretative Bull. No. 5, par. 9 (1939), 1944-45 Wage Hour Man. 21. His rulings and interpretations, “while not controlling upon the courts by reason of their authority, do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.” Skidmore v. Swift & Co., 323 U. S. 134, 140.

We stated in United States v. Darby, 312 U. S. 100, 123, “Congress, to attain its objective in the suppression of nationwide competition in interstate commerce by goods produced under substandard labor conditions, has made no distinction as to the volume or amount of shipments in the commerce or of production for commerce by any particular shipper or producer. It recognized that in present-day industry, competition by a small part may affect the whole and that the total effect of the competition of many small producers may be great.” And see Warren-Bradshaw Co. v. Hall, 317 U. S. 88, 91. That view is borne out by the legislative history of the Act. Earlier drafts had embodied the “substantial” standard.[4] - These[*183] were omitted from the coverage provisions of the one which became the law. Moreover, one of the exemptions written into the Act extends to “any employee employed in connection with the publication of any weekly or semiweekly newspaper with a circulation of less than three thousand the major part of which circulation is within the county where printed and published . . .” §13 (a) (8). Representative Creal of Kentucky proposed this exemption. He stated that “under this bill, because 1 or 2 percent of a paper’s circulation goes outside to people who want to get the home-town paper to see whether or not Lucy got married, or whether Sally’s baby has been born yet, because that infinitesimal bit of their business is with people outside the county, these publishers fall under the provisions of this bill, when on each side of this little printshop are the butcher and the baker, who are exempt and who are financially better fixed than he is.” 83 Cong. Rec. p. 7445. No such exemption for daily newspapers was granted.* ***[5] No exemption on the basis of volume of out-of-state circulation was written into the Act. Rather the exemption of the small weeklies or semi-weeklies seems to have been adopted on the assumption that without it a newspaper with a regular out-of-state circulation, no matter how small, would be under the Act. The choice Congress made was not the exemption of newspapers with small out-of-state circulations but the exemption of certain types of small newspapers. We would change the nature of the exemption which Congress saw fit to grant,[*184] if we applied the maxim de minimis to this type of case. We would also disregard the plain language of § 15 (a) (1) prohibiting the shipment in commerce of “any goods” in the production of which “any employee” was employed in violation of the overtime and minimum wage requirements of the Act.

Respondent argues that to bring it under the Act, while the small weeklies or semi-weeklies are exempt by reason of § 13 (a) (8), is to sanction a discrimination against the daily papers in violation of the principles announced in Grosjean v. American Press Co., 297 U. S. 233. Volume of circulation, frequency of issue, and area of distribution are said to be an improper basis of classification. Moreover, it is said that the Act lays a direct burden on the press in violation of the First Amendment. The Grosjean case is not in point here. There the press was singled out for special taxation and the tax was graduated in accordance with volume of circulation. No such vice inheres in this legislation. As the press has business aspects, it has no special immunity from laws applicable to business in general. Associated Press v. Labor Board, 301 U. S. 103, 132-133. And the exemption of small weeklies and semi-weeklies is not a “deliberate and calculated device” to penalize a certain group of newspapers. Grosjean v. American Press Co., supra, p. 250. As we have seen, it was inserted to put those papers more on a parity with other small town enterprises. 83 Cong. Rec. 7445. The Fifth Amendment does not require full and uniform exercise of the commerce power. Congress may weigh relative needs and restrict the application of a legislative policy to less than the entire field. Steward Machine Co. v. Davis, 301 U. S. 548; Currin v. Wallace, 306 U. S. 1, 13-14.

We hold that respondent is engaged in the production of goods for commerce. That, of course, does not mean that these petitioners, its employees, are covered by the Act. The applicability of the Act to them is dependent on the[*185] character of their work. Kirschbaum Co. v. Walling, 316 U. S. 517, 524; Walling v. Jacksonville Paper Co., supra, pp. 571-572. We express no opinion on that phase of the case, as the New York appellate courts did not pass on it. Since the judgment below must be reversed, the question whether the Act is applicable to these employees will be open on the remand of the cause.

Reversed.

Me. Justice Jackson took no part in the consideration or decision of this case.
1

About 45 copies daily. There appears to have been an out-of-state circulation of 43, 46, and 40 for the years ending March 31, 1939, 1940, and 1941 respectively.

2

Cf. Davis v. Goodman Lumber Co., 133 F. 2d 52, 53; Sun Publishing Co. v. Walling, 140 F. 2d 445, 448; New Mexico Public Service Co. v. Engel, 145 F. 2d 636, 640.

3

Sec. 1 of that Act is a’ statement of the policy of Congress. It states that the denial by employers of the right of the employees to bargain collectively has the intent or effect of burdening or obstructing commerce by “materially affecting” the flow of goods from or into the channels of commerce or by “causing diminution of employment and wages in such volume as substantially to impair or disrupt” the market for such goods.

4

See, for example, H. R. 7200, 75th Cong., 1st Sess.,'introduced May 24, 1937. It provided for a Labor Standards Board to administer the Act. The Board was to be given the power to establish minimum wages when it found, inter alia, that wages lower than a minimum fair wage were paid to employees “engaged in the production of goods which are sold or shipped to a substantial extent in interstate commerce ...” §5 (a).

The Confidential Committee Print of April 13, 1938, containing a proposed amendment to S. 2475, 75th Cong., 3d Sess., and embodied in the Committee Print of April 15, 1938, S. 2475, 75th Cong., 3d Sess., would have limited the applicability of the Act to employers “engaged in commerce in any industry affecting commerce . . .” §§ 4, 5. It was further provided by § 6 of the draft that the Secretary of Labor should, after notice and hearing, determine the relation of the various industries to commerce. Only if the Secretary found that the industry was (a) “dependent for its existence upon substantial purchases or sales of goods in commerce and upon transportation in[*183] commerce,” or (b) “Nation-wide in . . . scope,” or (c) related to commerce “in other respects close and substantial,” could the Secretary issue an order declaring the industry to be one affecting commerce and thus within the purview of the Act.

5

A number of bills have been introduced since the passage of the Act to secure a similar exemption for daily newspapers, but none of them has passed. See H. R. 7340, 76th Cong., 1st Sess.; S. 4385, 76th Cong., 3d Sess.; H. R. 64, H. R. 4208, S. 1310, S. 284, 77th Cong., 1st Sess.

Dissent

Me. Justice Muephy,

dissenting.

I agree that to print approximately 10,000 newspapers a day and regularly to send 45 of them, or % of 1%, out of the State is to produce goods for interstate commerce. But I cannot agree that Congress meant to include a business of that nature within the ambit of the Fair Labor Standards Act of 1938.

This Court, in Labor Board v. Fainblatt, 306 U. S. 601, 606, stated that “The amount of the commerce regulated is of special significance only to the extent that Congress may be taken to have excluded commerce of small volume from the operation of its regulatory measure by express provision or fair implication.” Concededly, Congress has not excluded commerce of small volume from the coverage of the Fair Labor Standards Act by “express provision.” But certainly the “fair implication” is one. of exclusion. On numerous occasions we have pointed out that Congress in this Act did not exercise the full scope of its commerce power, Kirschbaum Co. v. Walling, 316 U. S. 517, 522-523, and that Congress plainly indicated its purpose to leave local business to the protection of the States so far as wage and hour problems were concerned, Walling v. Jacksonville Paper Co., 317 U. S. 564, 570; Phillips Co. v. Walling, 324 U. S. 490, 497.

[*186] In my opinion, a company that produces 99of its products for local commerce is essentially and realistically a local business. True, % of 1% of its production is for interstate commerce, thus subjecting it to the constitutional power of Congress when and if exercised. But that fact does not make it any less a local business, which we have said Congress plainly excluded from this Act.

I would therefore affirm the judgment below in this respect.