Frank Murphy

“ The use of the words 'each' and 'any' to modify 'employee,' which in turn is defined to include 'any' employed individual, leaves no doubt as to the Congressional intention to include all employees within the scope of the Act unless specifically excluded. [3] And 'each' and 'any' employee obviously and necessarily includes one compensated by a unit of time, by the piece or by any other measurement. [4] A worker is as much an employee when paid by the piece as he is when paid by the hour. ”

“ The time or mode of compensation, in other words, does not control the determination of whether one is an employee within the meaning of the Act and no court is justified in reading in an exception based upon such a factor. When combined with the criminal provisions of Sections 15 and 16, the unrestricted sweep of the term 'employee' serves to inform employers with definiteness and certainty that they are criminally liable for willful violations of the Act in relation to their piece rate employees as well as to their employees compensated by other methods. ”

“ No reason is apparent why piece workers who are underpaid [1] or who work long hours do not fall within the spirit or intent of this statute, absent an explicit exception as to them. Piece rate and incentive systems were widely prevalent in the United States at the time of the passage of this Act [2] and we cannot assume that Congress meant to discriminate against the many workers compensated under such systems. ”