Many current FLSA compensation issues which are the subject of widespread litigation – such as the current wave of intern cases – have their legal underpinnings in Supreme Court authority decided during the 1940s in the years following the enactment of the FLSA (1938) and the Portal-to-Portal Act (1947).  For example, courts seeking to interpret the FLSA’s applicability to interns—given the statute’s lack of a definition of intern, volunteer, etc.— have continued to refer to the Supreme Court’s 1947 decision in Walling v. Portland Terminal Co., 330 U.S. 148 (U.S. 1947).

Portland Terminal concerned training provided to prospective yard brakemen by the Portland Terminal Company, which controlled railroad switching activity in Maine. The mandatory training took seven or eight days, during which the prospect learned the routine activities of a brakeman by observation, and then was “gradually permitted to do actual work under close scrutiny.”  This supervised work did “not expedite the company business, but . . . sometimes d[id] actually impede and retard it.”   The Court’s opinion, written by Justice Hugo Black, held that because the railroad derived no “immediate advantage” from this closely-supervised activity, it did not constitute employment for compensation under the FLSA.

In a strongly-worded concurrence, Justice Frankfurter lamented that the Court’s other early decisions, by declining to defer to industry custom as reflected in the bargaining of authorized representatives under the National Labor Relations Act, or even to the Wage and Hour Administrator, had already rejected the “two ways of giving real force and meaning to this Act without throwing all industry and labor into strife and litigation.”  Calling for the Court to “reconsider its approach to cases under this Act,” he agreed only with the judgment, claiming that the agreement of the parties was sufficient to take the dispute outside the purview of the nascent FLSA.

Still “guiding law,” courts continue to look to cases such at Portland Terminal for direction, despite the constant and rapid evolution of the workplace, as Supreme Court decisions addressing the FLSA are limited.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Noel P. Tripp Noel P. Tripp

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate…

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate in May 2005, he has practiced exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principle focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.

Mr. Tripp is a graduate of Dartmouth College (A.B. 1999), and Fordham Law School (J.D. 2006). Prior to attending law school, Mr. Tripp was a complex commercial litigation paralegal at a large national law firm in Los Angeles, California. He is admitted to practice in the state of New York.

Education

  • Fordham University, J.D., 2006
  • Dartmouth College, A.B., 1999

Admitted to Practice

  • New York, 2007
  • New York – E.D. N.Y., 2008
  • New York – S.D. N.Y., 2008