Rutherford Food Corp v McComb - Rutherford Food Corp v....

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Rutherford Food Corp v. McComb United States Supreme Court (1947) Appellee: Administrator of the Wage and Hour Division Administrator of the Wage and Hour Division of the Department of Labor brought action to enjoin Rutherford Food Corp and the Kaiser Packing Company from further violating the FLSA Issue Argued: o Defendants failed to keep proper records o Didn’t pay employee overtime under sec. 7 of FLSA o District Court refused to grant the injunction Legal Question: o Under the Fair Labor Standards Act of 1938 were the workers of Keiser considered “employees” or “independent contractors.” o Answer: workers were in fact FLSA employees Circuit Court reversed Appeal Facts: o Petitioners: corporations of Missouri authorized to do business in Kansas Slaughterhouse of the Keiser Company Rutherford Food Corporation o Prior to 1942 Keiser had one hourly paid employee Butcher, beef boner, and order filler
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Rutherford Food Corp v McComb - Rutherford Food Corp v....

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