Mount Clemens in Macomb County, Michigan — The American Midwest (Great Lakes)
Mount Clemens Pottery
Michigan Legal Milestone
The Fair Labor Standards Act (the Act) was enacted by Congress in 1938 to regulate workers' hours and wages. The United States Supreme Court interpreted an important provision of the Act in 1946 in a case arising in Mount Clemens.
The Mount Clemens Pottery Company, opened in 1914, was for many years a major area employer. During World War II the company employed about 1,200 workers, who punched time cards upon arrival, but were paid only when productive time began, which as calculated by the company was 14 minutes later. The employees, represented by Edward Lamb of Toledo, sued, alleging a violation of the Act. Bert V. Nunneley of Mount Clemens and Frank E. Cooper of Detroit represented the Pottery. A decision in the employees' favor by the U.S. District Court was overturned by the Court of Appeals.
Justice Frank Murphy, a former Michigan governor and mayor of Detroit, wrote the 1936 decision of the U.S. Supreme Court reversing the Court of Appeals. The Supreme Court held that time spent by employees in walking to work after punching a time clock, and in preparing to start work, constituted working time within the overtime provisions of the Act. The following year Congress, responding to the Mount Clemens Pottery decision, enacted the Portal-to-Portal Act to relieve employers of the obligation to pay for time spent in nonproductive activities, except where such activities are compensable through custom or contract, notably through collective bargaining.
Erected 1994 by State Bar of Michigan and the Macomb County Bar Association. (Marker Number 20.)
Topics and series. This historical marker is listed in this topic list: Industry & Commerce. In addition, it is included in the Michigan Legal Milestones series list. A significant historical year for this entry is 1938.
Location. 42° 35.869′ N, 82° 52.631′ W. Marker is in Mount Clemens, Michigan, in Macomb County. Marker is on North Main Street south of New Street, on the left when traveling south. Touch for map. Marker is at or near this postal address: 40 North Main Street, Mount Clemens MI 48043, United States of America. Touch for directions.
Other nearby markers. At least 8 other markers are within walking distance of this marker. John DiGiorgio (a few steps from this marker); Joe Kopicki (a few steps from this marker); Alexander Macomb (within shouting distance of this marker); Zion Church (about 700 feet away, measured in a direct line); Mount Clemens Mineral Bath Industry (about 800 feet away); Carnegie Library (approx. 0.2 miles away); Saint Mary's School (approx. 0.2 miles away); Methodist Episcopal Church (approx. 0.2 miles away). Touch for a list and map of all markers in Mount Clemens.
Also see . . . Fair Labor Standards Act of 1938. Wikipedia article (Submitted on March 18, 2020, by Joel Seewald of Madison Heights, Michigan.)
Credits. This page was last revised on March 18, 2020. It was originally submitted on March 18, 2020, by Joel Seewald of Madison Heights, Michigan. This page has been viewed 1,573 times since then and 302 times this year. Photos: 1, 2. submitted on March 18, 2020, by Joel Seewald of Madison Heights, Michigan.