JUDGMENTS - DECLARATORY JUDGMENTS - USE IN STATUTORY INTERPRETATION

A mining company, subject to the Fair Labor Standards Act, brought an action against the United States District Attorney for Idaho for a declaratory judgment that it was not subject to threatened criminal prosecutions and penalties under the act. The company had not included the forty minutes allowed for lunch in estimating the number of hours worked by its employees. The employees and their labor union threatened to sue, claiming the lunch period was part of their working hours and that they were therefore to that extent required to work overtime without extra pay. The Department of Labor and the Department of Justice threatened to enforce criminal penalties for violations of the act.

On motion to dismiss, held, that the motion should be overruled because an actual substantial controversy within the meaning of the Federal Declaratory Judgment Act was presented. Sunshine Mining Co. v. Carver, (D. C. Idaho, 1940) 34 F. Supp. 274.