In the case of Morris v. McComb, Wage and Hour Administrator in 1947, the U.S. Supreme Court ruled that truck drivers who spent a significant amount of time waiting to load or unload goods were still considered "working" during those periods and should be compensated accordingly under the Fair Labor Standards Act (FLSA). The defendant argued that these wait times were not work because they did not involve physical exertion. However, the court disagreed stating that an employee is working if he is required to be on duty at a prescribed place even though he may spend much of his time waiting rather than actively engaged in laborious activities. Therefore, such hours must be counted as part of their workweek for purposes of minimum wage and overtime calculations under FLSA.

In the dissenting opinion for Morris v. McComb, Wage and Hour Administrator, Justice Frankfurter argued that the majority's decision to apply federal wage regulations to a local trucking company was an overreach of federal power. He contended that this interpretation of the Fair Labor Standards Act (FLSA) extended beyond its intended scope by regulating purely intrastate activities which were not directly related to interstate commerce. The justice believed that such regulation should be left up to individual states rather than being federally mandated. Furthermore, he expressed concern about potential negative impacts on small businesses due to increased costs associated with complying with these regulations. In his view, Congress did not intend for FLSA provisions regarding overtime pay and minimum wages to apply in cases where employees' work is only indirectly or remotely connected with interstate commerce.