Darr v. Mutual Life Ins. Co‪.‬

This is an appeal by the plaintiffs from a judgment of the District Court for the Southern District of New York in a suit for overtime wages and liquidated damages, together with reasonable attorneys fees, pursuant to section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216(b). It presents two principal questions for decision. The first is whether that Act, 52 Stat. 1060-1069, 29 U.S.C.A. §§ 201-219, covers employees of a life insurance company who are engaged in the operation and maintenance of the companys home office buildings in the City of New York; the second is whether, if so, sections 9 and 11 of the Portal-to-Portal Act of 1947, 61 Stat. 84-90, 29 U.S.C.A. §§ 251-262, are constitutional.