foley filardo argued december decided march foley filardo robert stern washington petitioners chester lessler new york city respondent justice reed delivered opinion case presents question whether eight hour applies contract private contractor construction work foreign country act provides contract made party shall contain provision laborer mechanic part work contemplated contract employ contractor subcontractor shall required permitted work eight hours one calendar day upon work stat penalties specified violations prohibition workdays longer eight hours modified follows provision law wages every laborer mechanic employed contractor subcontractor engaged performance contract character specified sections title shall computed basic day rate eight hours per day work excess eight hours per day shall permitted upon compensation hours worked excess eight hours per day less one times basic rate pay stat petitioners contracted basis build certain public works behalf east near east particularly iraq iran petitioners agreed contract abide applicable laws regulations ordinances rules america provisions eight hour law specifically included contract petitioners hired respondent american citizen work construction projects cook week contract employment contained provision concerning hours work overtime pursuant contract respondent went iraq iran frequently worked eight hours day years upon refusal request overtime pay work excess eight hours per day brought suit petitioners new york claiming act entitled one times basic rate pay work denied petitioners motions dismiss case directed verdict thereby overruling contention act apply contracts performed foreign countries judgment entered jury verdict respondent appellate division reversed ground eight hour law amended confer right action employee overtime pay consequently consider question us new york appeals reversed holding act applied contract referring language statute quoted concluded inclusive reach properly read exclude contracts government jobs abroad granted certiorari settle important question concerning scope eight hour law since question one statutory interpretation act exists starting point pertinent part provides limitation eight hours per day working time laborers mechanics employed government contractor thereof public work section makes unla ful require permit work excess eight hours per day except extraordinary emergencies intentional violation mandate made misdemeanor punishable fine imprisonment insertion contract made behalf restriction hours work required contracts must stipulate monetary penalty violation penalty takes form withholding government moneys otherwise due contractor terms contract finally restriction lifted employees private contractors supra condition hours worked excess eight paid overtime rate question us power congress extend eight hour law work performed foreign countries petitioner concedes power exists cf blackmer bowman question rather whether congress intended make law applicable work conclude reasons expressed intention legislators first canon construction teaches legislation congress unless countrary intent appears meant apply within territorial jurisdiction blackmer supra page valid approach whereby unexpressed congressional intent may ascertained based assumption congress primarily concerned domestic conditions find nothing act amended legislative history lead belief congress entertained intention normal one case situation different connell held specifically declaring act covered congress directed fair labor standards act et applied beyond areas sovereignty effect concluded leasehold involved within meaning fair labor standards act language eight hour law question gives indication congressional purpose extend coverage beyond places sovereignty measure legislative control nothing brought attention indicating granted respective sovereignties authority legislative otherwise labor laws customs iran iraq territory leave without transfer property rights us scheme act buttresses conclusion distinction drawn therein laborers aliens citizens unless read distinction statute forced conclude respondent reasoning congress intended regulate working hours citizen iran chanced employed public work foreign land conclusion logically inescapable although labor conditions iran known wholly dissimilar wholly beyond control nation intention regulate labor conditions primary concern foreign country attributed congress absence clearly expressed purpose see attorney general stone conclusion effect stated law apply alien laborers engaged altering american embassy london absence dis inction citizen alien labor indicates us statute intended apply places labor conditions citizen alien employees probable concern congress places include foreign countries iraq iran second legislative history eight hour law reveals concern domestic labor conditions led congress limit hours work genesis present statute act june stat apparently aimed unemployment resulting decreased construction government navy yards congressional globe part coverage act extended employees government contractors criminal penalties added stat considerations congress domestic unemployment influx cheap foreign labor need improved labor conditions country sess purpose new legislation remedy defects act act amended stat include contract italics supplied insertion word designed remedy misinterpretation according act apply work performed private property government contractors nothing legislative history supports conclusion respondent contract must necessity virtue broadness language include contracts work performed foreign countries contrary inference must drawn think amendment extended law cover persons employed perform services similar laborers mechanics connection dredging rock excavation river harbor district columbia stat held dredgers covered phrase mechanics previously existing law ellis attempt secure equality treatment dredgers one hand laborers mechanics congress hardly intended coverage latter class extend far corners globe coverage former limited work performed rivers harbors district columbia amendment permitted work excess eight hours per day upon payment overtime stat passed without discussion indicative geographical scope third administrative interpretations eight hour law various phases development afford touchstone geographic scope determined executive order december note cfr issued pursuant act suspended law laborers mechanics employed directly government atlantic bases leased great britain suspension indicated sure conclusion part president statute applied might apply bases action however may well predicated premise leases provisio discussed decision sufficiently subject control eight hour law apply though numerous executive orders issued suspend operation act alaska hawaii midway island wake island able find attention directed orders purporting suspend operation countries subject legislative control order deserves weight administrative determination act applicability localities unquestionably completely beyond direct legislative competence true attorney general moody letter secretary war expressed opinion eight hour law applied public works constructed canal zone purpose opinion treated canal zone foreign territory page distinction drawn citizen alien laborers accept attorney general assumption status canal zone opinion line respondent contention law applicable work performed foreign convention proclaimed february much although attorney general granted rights flow interpretation zone act congress regulate et seq government project attorney general inclusion every government works advised state department secretary treasury approved workers engaged altering american embassy london since statute contains distinction laborers based citizenship attorney general stone reasoning aliens covered points conclusion statute apply contracts performed foreign countries comptroller general expressed agreement conclusion stating eight hour law june intended apply contracts necessarily entered behalf foreign countries may require involve employment foreign laborers mechanics performance although statute expressly requires inclusion every government contract provision secretary treasury approved standard form construction contracts contains provisions provides use form required foreign countries standard form pp inclusion provisions also required war department procurement regulation par contracts subject provisions eight hour law yet neither instant contract others covering operations contain eight hour law clause similarly department state consider legally necessary include provisions eight hour law contracts performed foreign countries letter november signed acting legal adviser acting secretary state attorney general conclude administrative interpretations act although specifically directed precise problem us tend support petitioners contention restricted geographical scope since decide eight hour law inapplicable contract construction public works foreign country direct legislative control unnecessary decide whether law either directly via third party beneficiary contract route gives employee covered cause action employer overtime wages reversed justice frankfurter justice jackson joins concurring decision connell one statutory interpretation feel bound still open rendered term felt bound obliged dissent case confronted statute terms covers contract made party stat yet construes inapplicable even work citizen contract corporation domiciled intention regulate labor conditions primary concern foreign country attributed congress absence clearly expressed purpose conclusion reliance put upon opinion attorney general stone refused interpret statute applying work done upon american embassy london ground enforcement statutory provision disturb agreements entered contractors laborers mechanics foreign country support also found opinion comptroller general reaches similar conclusion basis application statute might easily lead serious difficulties effecting contracts necessary services countries social business conditions customs differ widely considerations agree properly take precedence literal language eight hour law guides interpretation see american security trust commissioners district columbia absence explicit declaration policy assume congress meant impose domestic standards employment upon peoples generally subject regulatory power congress see regard considerations controlling felt bound decision case case extended foreign conditions labor provisions fair labor standards act indistinguishable effect eight hour law extension difficult avoids apparently compelled literal terms fair labor standards act act confined application contracts party uniformity terms government contracts indeed matter much nearly within usual scope congressional concern attorney general moody required explicit showing congressional purpose conclude eight hour law applied contractors construction panama canal even upon assumption canal zone regarded foreign territory pects case presented compelling reasons refusing attribute congress intention regulate conditions work foreign employees required construe phrase contract made party peculiar context case however held leased bases fell within term term congress used least times see brown connell dissenting opinion page page note illustrating readiness case regarded controlling interpretation statutes term occurs see spelar applying federal tort claims act leased base newfoundland case moreover brushes aside official apprehensions interference foreign conditions labor far serious influenced judgment guide us present case general statements opinions two attorneys general comptroller general required specialized information working conditions abroad knowledge standard contracts approved secretary treasury war department consistent opinions letter state department says merely department consider legally necessary include provisions eight hour law contracts performed foreign countries case however letter behalf secretary state said holding bases obtained government great britain year leases political sense department view calculated improve relations government moreover holding might well detrimental relations foreign countries military bases held might future sought state department speaks authoritatively international responsibility government ing agreements nations thus spoke letter also knowledge courts pretend bearing observance propitious negotiations future agreements letter reflects knowledge even cloistered judges however need ignorant fact country exhausted interest securing bases territory decision case disregard weighty concern secretary state followed petition rehearing impressively supported actively responsible executive officers government state department reiterated view inclusion leased bases among added department share assurance house assembly bermuda colonial legislatures might undertake legislation similar fair labor standards act control labor relations bases least worthy note connection administrative difficulties arisen bases reason application contractors employees workmen compensation laws colonies concerned petition rehearing also brought attention letter secretary army read part follows past nine years employment experience foreign countries army contracting officers discovered whether employment handled directly cpff contractor hiring native workmen local overnment many countries impose maximum wage standards dare violated standards sometimes fixed statute regulation force statute times policy practical effect law governments explain pay native workmen according american wage standards seriously disrupt local economy also many industrially undeveloped countries local officials advise wages common laborers jeopardize availability laborers impose serious police problems upon state noted social economic structure many areas organized along tribal lines precludes direct dealing individual laborers appears doubtful sufficiently apprised special problem payment statutory overtime american personnel contractors overseas construction sites minor problem comparison paying statutory minimum wages overtime native workmen face militant opposition foreign governments noted among american personnel laborers mechanics skilled artisans craftsmen always paid hourly rates overtime benefits far exceeding statutory requirements acting secretary navy expressed similar views policy department employ local labor leased bases maximum extent practicable make wage labor practices respect thereto conform nearly possible usual wage labor practices particulr locality application fair labor standards act particular areas involved may well create conditions adversely affect cooperation heretofore given navy contractors local authorities continued cooperation authorities course highly desirable wage hour administrator ultimately responsible enforcing decision wrote able reach sound conclusions application act areas help foresee fundamental administrative difficulties attempting apply act exercise full sovereign rights especially foreign employers alien labor involved view administrator special relation matter persuasiveness views letter printed appendix opinion face statements executive officers charged experienced administration leased bases reach contrary interpretation broad term must manifest bound precedent join reading narrow phrase contract made party way departed literal terms reason departure reluctance attribute congress intention interfere conditions primary concern foreign country appendix department labor wage hour public contracts divisions washington december honorable phillip perlman solicitor general department justice washington dear perlman letter dated december advise intend support petition rehearing filed connection recent decision company connell state present views departments state army navy behalf departments department justice urge reconsider holding word used phrase territory possession section fair labor standards act term art bermuda defense area leased us great britain within coverage statute request forward views concerning effect holding may administration enforcement act think fairly said predecessors considering territorial aspects coverage past proceeded assumption traditional concepts sovereign control implicit meaning phrase territory possession phrase used fair labor standards act absence controlling decisions necessary us interpret phrase guidance administration act studied provisions statutes terms used authoritative decisions courts construing language situations thought comparable gave particular weight authoritative expressions state department proper governmental agencies question areas viewed territories possessions exercises full sovereign rights basis expressed opinion interpretative bulletin first issued november chapter part title code federal regulations section replaced bulletin july alaska hawaii puerto rico canal zone guam guano islands samoa virgin islands territories possessions within meaning act question status leased bases type involved case first brought attention expressed view opinions quoted government brief bases territories possessions within meaning act view subsequently modified appeared matter litigated courts consultation state department officials indicated department made ruling letter department appendix brief written time modification position reflected following language used advise inquiries question settled decisions congressional executive action interpretations issued state department proper governmental agencies divisions position assert whether fair labor standards act applies employees working bases leased british result decision case appears status given area possession purposes act subject determination basis considerations used political departments government placed particular reliance past anticipate least two major problems confront result ruling first order perform statutory duties act necessary decide initially pending authoritative guidance courts whether defense base areas come within statutory language covering territories possessions seem follow decision aided views state department whether areas territories possessions political sense traditional concepts sovereignty shall called upon enter field interpretation previous experience act offers reliable guides whic may involve meaning international agreements agency ordinarily seek advice state department adequate standards guidance deciding questions purposes administration act opinion available either language statute legislative history decision difficulty circumstances reaching sound conclusions concerning coverage bases okinawa greece iceland canada newfoundland philippine islands tunisia arabia apparent position even difficult connection classified military base areas second even able reach sound conclusions application act areas help foresee fundamental administrative difficulties attempting apply act exercise full sovereign rights especially foreign employers alien labor involved even difficulties may insuperable vexing problems courts proper jurisdiction venue apply criminal civil sanctions cases seems bound arise undertake active enforcement bases appreciate neither appropriation organization wage hour division devised contemplation enforcement efforts outposts course possible us explore fully possible problems might confront us result decision limited time available us reason period filing petitions rehearing grant rehearing case shall glad make available results exploration questions order may fully apprise views concerning probable effects present decision terms administration fair labor standards act truly wm mccomb administrator footnotes stat amended since unnecessary decision reach conclusion precise geographic coverage eight hour law words universal scope contract restraint trade person shall monopolize taken matter course mean every one subject legislation legislator subsequently may able catch american banana fruit see however executive orders note note supp geographic coverage suspensions specified see however isthmian canal convention proclaimed february stat whereby granted rights power authority sovereign zone see also et seq illustrative contracts clause omitted june labrador baffin island june cuba april bahamas november north africa palestine august greenland february newfoundland engä february bermuda