[330 U.S. 649, 650] Mr. Harry L. Yale, of Chicago, Ill., for petitioner.
[330 U.S. 649, 651] Mr. Jeter S. Ray, of Washington, D.C., for Administrator of the Wage and Hour Division, U.S. Dept. of Labor, amicus curiae, by special leave of Court.
Mr. Daniel W. Knowlton, of Washington, D.C., for the United States and Interstate Commerce Commission, amicus curiae, by special leave of Court.
Mr. Roland Rice, of Washington, D.C., for respondent.
Mr. Justice BURTON delivered the opinion of the Court.
This case presents the question whether the Interstate Commerce Commission has the power, under 204 of the Motor Carrier Act, 1935,1 to establish qualifications and maximum hours of service with respect to any 'checker' or 'terminal foreman,' a substantial part of whose activities in that capacity consists of doing, or immediately [330 U.S. 649, 652] directing, the work of one or more 'loaders' of freight for an interstate motor carrier as such class of work is defined by the Interstate Commerce Commission in Ex parte No. MC-2, 28 M.C.C. 125, 133, 134,2 although the rest of his activities do not affect the safety of operation of any such motor carrier. 3 [330 U.S. 649, 653] We hold that the Commission has that power and that 13(b)(1) of the Fair Labor Standards Act4 therefore expressly excludes any such employee from a right to the increased pay for overtime service prescribed by 7 of that Act.