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GEMSCO, INC. v. WALLING

No. 368.

324 U.S. 244 (1945)

65 S.Ct. 605

89 L.Ed. 921

GEMSCO, INC. ET AL. v. WALLING, ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, U.S. DEPARTMENT OF LABOR.

Supreme Court of United States.

Decided February 26, 1945.

Attorney(s) appearing for the Case

Messrs. Samuel S. Allan and Seymour D. Altmark, with whom Messrs. Walter Brower, Samuel J. Cohen, Coleman Gangel, Ilo Orleans and Myron P. Gordon were on the brief, for petitioners.

Mr. Archibald Cox, with whom Solicitor General Fahy, Messrs. Douglas B. Maggs, Louis Sherman and Kenneth Meiklejohn were on the brief, for respondent.

Briefs were filed by Messrs. Nathaniel L. Goldstein, Attorney General of New York, Orrin G. Judd, Solicitor General, Wendell P. Brown, First Assistant Attorney General, and Roy Wiedersum, Assistant Attorney General, on behalf of the Industrial Commissioner of the State of New York, and by Messrs. John H. Nolan, Attorney General of Rhode Island, and John J. Cooney, on behalf of the State of Rhode Island and Providence Plantations, as amici curiae, in support of the respondent.

MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

The issue to be decided in these cases is narrow. It is whether respondent, as Administrator, has authority under § 8 (f) of the Fair Labor Standards Act, 52 Stat. 1060, to prohibit industrial homework as a necessary means of making effective a minimum wage order for the embroideries industry. The question arises in proceedings brought to review the order pursuant to § 10. The cases were consolidated...

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