Garland v. Garland‪.‬

This was an action by the Administrator of the Wage and Hour Division of the Department of Labor seeking to enjoin the appellant, the Sterling Ice and Cold Storage Company, from alleged violations of the Fair Labor Standards Act. The controversy centers around a small number of employees admittedly engaged in commerce within the meaning of the Act. In August, 1942, the Company executed a contract with George Loose of which the following is the pertinent part. "In order to conform our employment arrangements to the scheme of the Act without reducing the amount of money which each employee receives each week, we advise that from and after July 31, 1942, your basic rate of pay will be 30 cents per hour for the first 40 hours each week, and that for time over 40 hours each week, you will receive for each hour of work not less than 1 1/2 times such basic rate above-mentioned, with a guarantee on our part that you shall receive weekly for regular time and for such overtime as the necessities of the business may demand, a sum not less than $23.08."