Walling v. Stone’s Empirical Analysis
131 F.2d 461 · 1942
Citation profile
9 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 26 later decisions — most recently June 1995 · most notably Walling v. Richmond Screw Anchor Co. (1946), Seneca Coal & Coke Co. v. Lofton (1943)
9 federal appellate · 4 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)
Relies on Overnight Motor Transportation Co. v. Missel · Walling v. A. H. Belo Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question presented is whether payment of a fixed salary regardless of the number of hours worked in a week satisfies the overtime requirements of § 7 of the Act by reason of the fact that the salary equals or exceeds the statutory minimum for regular time, plus time and one-half the minimum for overtime, for the hours actually worked. * * * “In the Missel case the court held that the 'regular rate’ of pay of an employee working under a fixed salary contract is the total compensation received by him for the week’s work, divided by the total number of hours worked in that week. In that case, as in the instant case the contract of employment provided for the payment of a fixed salary regardless of the hours worked. There, as here, during the weeks in question the fixed salary was greater than an amount calculated at the statutory minimum hourly rate (with time and one-half for overtime) for the hours actually worked. Missel brought a statutory action to recover alleged unpaid overtime compensation. The Supreme Court held that the contract did not comply with the requirements of § 7 of the Act and pointed out that two elements are essential in a contract of employment in order to comply with the Act: (1) Either a stated hourly rate for regular work, or an upper limit on the total number of hours to be worked for a fixed salary, and (2) an ex-' press provision that overtime should be paid for at time and one-half the regular rate. If the first element is absent from a contrac”
1 later decision quote this exact passage · from the majoritye.g. Watson v. Hightower
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.