skidmore
swift
argued
october
decided
december
curtis
mcbroom
fort
worth
petitioners
beverly
thompson
fort
worth
respondent
justice
jackson
delivered
opinion
seven
employees
swift
company
packing
plant
fort
worth
texas
brought
action
fair
labor
standards
act
et
recover
overtime
liquidated
damages
attorneys
fees
totalling
approximately
district
rendered
judgment
denying
claim
wholly
circuit
appeals
fifth
circuit
affirmed
denied
daytime
employment
persons
working
time
within
act
two
engaged
general
fire
hall
duties
maintenance
equipment
swift
plant
others
operated
elevators
acted
relief
men
fire
duties
worked
lunch
period
five
days
week
paid
weekly
salaries
oral
agreement
employment
however
petitioners
undertook
stay
fire
hall
company
premises
within
hailing
distance
three
half
four
nights
week
involved
task
except
answer
alarms
either
fire
sprinkler
set
reason
fires
occurred
period
issue
alarms
rare
time
required
answer
rarely
exceeded
hour
alarm
answered
employees
paid
addition
fixed
compensation
agreed
amount
fifty
cents
first
later
cents
company
provided
brick
fire
hall
equipped
steam
heat
rooms
provided
sleeping
quarters
pool
table
domino
table
radio
men
used
time
sleep
amusement
saw
fit
except
required
stay
close
fire
hall
ready
respond
alarms
stipulated
agreed
remain
fire
hall
stay
within
hailing
distance
subject
call
event
fire
casualty
required
perform
specific
tasks
periods
time
except
answering
alarms
trial
found
evidentiary
facts
stipulated
made
findings
fact
whether
arrangement
parties
circumstances
case
respects
differ
armour
case
armour
wantock
et
fire
hall
duty
part
thereof
constituted
working
time
said
however
law
time
plaintiffs
spent
fire
hall
subject
call
answer
fire
alarms
constitute
hours
worked
overtime
compensation
due
fair
labor
standards
act
interpreted
administrator
courts
opinion
observed
course
know
pursuing
pleasurable
occupations
performing
personal
chores
constitute
work
circuit
appeals
affirmed
reasons
set
forth
armour
case
decided
herewith
hold
principle
law
found
either
statute
decisions
precludes
waiting
time
also
working
time
attempted
lay
legal
formula
resolve
cases
varied
facts
many
situations
employment
involves
waiting
time
whether
concrete
case
time
falls
within
without
act
question
fact
resolved
appropriate
findings
trial
walling
jacksonville
paper
involves
scrutiny
construction
agreements
particular
parties
appraisal
practical
construction
working
agreement
conduct
consideration
nature
service
relation
waiting
time
surrounding
circumstances
facts
may
show
employee
engaged
wait
way
show
waited
engaged
compensation
may
cover
waiting
task
performance
task
living
quarters
may
situations
furnished
facility
task
another
part
compensation
law
impose
arrangement
upon
parties
imposes
upon
courts
task
finding
arrangement
minimize
difficulty
inquiry
arrangements
parties
contemplated
problem
posed
statute
differ
nature
standards
guide
judgment
frequently
conronts
courts
must
find
retrospectively
effect
contracts
matters
parties
failed
anticipate
explicitly
provide
congress
utilize
services
administrative
agency
find
facts
determine
first
instance
whether
particular
cases
fall
within
without
act
instead
put
responsibility
courts
kirschbaum
walling
create
office
administrator
impose
upon
variety
duties
endow
powers
inform
conditions
industries
employments
subject
act
put
duties
bringing
injunction
actions
restrain
violations
pursuit
duties
accumulated
considerable
experience
problems
ascertaining
working
time
employments
involving
periods
inactivity
knowledge
customs
prevailing
reference
solution
obliged
reach
conclusions
conduct
without
law
seek
injunctions
stop
within
law
call
interfere
set
forth
views
application
act
different
circumstances
interpretative
bulletin
informal
rulings
provide
practical
guide
employers
employees
office
representing
public
interest
enforcement
seek
apply
wage
hour
division
interpretative
bulletin
administrator
thinks
problems
presented
inactive
duty
require
flexible
solution
rather
rules
respectively
urged
parties
case
bulletin
endeavors
suggest
standards
examples
guide
particular
situations
occupations
says
periods
inactivity
properly
counted
working
time
even
though
employee
subject
call
examples
operator
small
telephone
exchange
switchboard
home
ordinarily
gets
several
hours
uninterrupted
sleep
night
pumper
stripper
well
watchman
lumber
camp
season
may
duty
hours
day
ordinarily
normal
night
sleep
ample
time
eat
meals
certain
amount
time
relaxation
entirely
private
pursuits
exclusion
hours
administrator
thinks
may
justified
general
answer
depends
degree
employee
free
engage
personal
activities
periods
idleness
subject
call
number
consecutive
hours
employee
subject
call
without
required
perform
active
work
worked
limited
time
spent
active
labor
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time
given
employee
toi
employer
facts
case
fall
within
specific
examples
given
conclusion
administrator
expressed
brief
amicus
curiae
general
tests
suggested
point
exclusion
sleeping
eating
time
employees
inclusion
time
although
employees
required
remain
premises
entire
time
evidence
shows
rarely
interrupted
normal
sleeping
eating
time
pursuits
purely
private
nature
presumably
occupy
employees
time
whether
duty
apparently
pursued
adequately
comfortably
required
circumstances
rest
time
different
nothing
record
suggest
even
though
pleasurably
spent
spent
ways
men
chosen
free
statutory
provision
deference
courts
pay
administrator
conclusions
given
notice
occasion
try
prescribe
influence
rulings
administrator
reached
result
hearing
adversary
proceedings
finds
facts
evidence
reaches
conclusions
law
findings
fact
course
conclusive
even
cases
directly
deal
much
less
apply
analogy
constitute
interpretation
act
standard
judging
factual
situations
binds
district
processes
authoritative
pronouncement
higher
might
administrator
policies
made
pursuance
official
duty
based
upon
specialized
experience
broader
investigations
information
likely
come
judge
particular
case
determine
policy
guide
applications
enforcement
injunction
behalf
government
good
administration
act
good
judicial
administration
alike
require
standards
public
enforcement
determining
private
rights
shall
variance
justified
good
reasons
fact
administrator
policies
standards
reached
trial
adversary
form
mean
entitled
respect
long
given
considerable
cases
decisive
weight
treasury
decisions
interpretative
regulations
treasury
bodies
adversary
origin
consider
rulings
interpretations
opinions
administrator
act
controlling
upon
courts
reason
authority
constitute
body
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courts
litigants
may
properly
resort
guidance
weight
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particular
case
depend
upon
thoroughness
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consideration
validity
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case
weighed
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respects
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compensation
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alarms
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facts
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although
district
referred
administrator
bulletin
evaluation
inquiry
apparently
restricted
notion
waiting
time
may
work
understanding
law
hold
erroneous
accordingly
judgment
reversed
cause
remanded
proceedings
consistent
herewith
reversed