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Walling v. Yeakley

January 4, 1944

WALLING, ADMINISTRATOR OF WAGE AND HOUR DIVISION, U.S. DEPT. OF LABOR,
v.
YEAKLEY ET AL.



Appeal from the District Court of the United States for the District of Colorado; John Foster Symes, Judge.

Phillips

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Walling, as Administrator of the Wage and Hour Division, United States Department of Labor, brought this action against N. O. Yeakley and J. B. Yeakley seeking an injunction to restrain them from violating §§ 15(a)(1), (2), and (5) of the Fair Labor Standards Act of 1938,*fn1 52 Stat. 1060, 29 U.S.C.A. § 215(a)(1, 2, 5).

The decree below enjoined violation generally, but excluded therefrom the bookkeeper-office manager and the head miller. Walling, as Administrator, has appealed from that portion of the decree denying an injunction with respect to the bookkeeper-office manager and the head miller.

Section 13 of the Act, 29 U.S.C.A. § 213, in part, provides:

"The provisions of sections 6 and 7 shall not apply with respect to (1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Administrator); * * * ."

By regulation the Administrator has defined and delimited the terms bona fide executive, administrative, and professional capacity. The regulations, in part, read:

"Executive. The term 'employee employed in a bona fide executive * * * capacity' in section 13(a)(1) of the Act shall mean any employee * * *

"(e) who is compensated for his services on a salary basis at not less than $30 per week (exclusive of board, lodging, or other facilities), * * * " (29 U.S.C.A. Appendix § 541.1.)

"Administrative. The term 'employee employed in a bona fide * * * administrative * * * capacity' in section 13(a)(1) of the Act shall mean any employee

"(a) who is compensated for his services on a salary or fee basis at a rate of not less than $200 per month (exclusive of board, lodging, or other facilities) * * * ." (29 U.S.C.A. Appendix, § 541.2.)

"Professional. The term 'employee employed in a bona fide * * * professional * * * capacity' in section 13(a)(1) of the Act shall mean any employee who is * * *

"(b) compensated for his services on a salary or fee basis at a rate of not less than $200 per month (exclusive of board, lodging, or other facilities): Provided, That this paragraph shall not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their ...


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