Mr. Justice Black
delivered the opinion of the Court.
Section 7 (a) of the Fair Labor Standards Act requires employers to pay each employee covered by the Act not less than one and one-half times his regular pay rate for every hour worked in excess of a forty-hour week; § 11 (c) requires employers to keep appropriate employment records. Employees covered are defined as those “engaged in commerce or in the production of goods for commerce.” We have held that employees repairing interstate roads or railroads are “engaged in commerce” within the meaning of that clause of § 7 (a). The question presented in this case is whether employees who work off such roads in the production of materials to repair them are engaged “in the production of goods for commerce” within the meaning of § 7 (a).
The Wage and Hour Administrator sued in District Court to enjoin the petitioner Alstate Construction Company from violating the overtime and record-keeping provisions of the Act. The District Court found: Al-state is a Pennsylvania road contractor that reconstructs and repairs roads, railroads, parkways and like facilities in that state. The company also manufactures at three Pennsylvania plants a bituminous concrete road surfacing mixture called amesite made from materials either bought or quarried in Pennsylvania. Most of it is applied to Pennsylvania roads either by Alstate’s own employees or by Alstate’s customers. Eighty-five and one-half percent of Alstate’s work here involved was done on interstate roads, railroads, or for Pennsylvania companies producing goods for interstate commerce, and 14%% was done on projects that did not relate to interstate commerce. Alstate made no attempt to segregate payments to its employees on the basis of whether their work involved interstate or intrastate activities.
The District Court held that all of Alstate’s employees were covered by the Afet and granted the injunction prayed. 95 F. Supp. 585. The Court of Appeals for the Third Circuit affirmed, holding that those employees of Alstate who worked on roads were “in commerce,” and that its “off-the-road” plant employees were producing road materials “for commerce.” 195 F. 2d 577. On similar facts, the Court of Appeals for the Eighth Circuit applied the Act to “off-the-road” employees. Tobin v. Johnson, 198 F. 2d 130. An opposite result was reached by the Tenth Circuit in E. C. Schroeder Co. v. Clifton, 153 F. 2d 385, and the Supreme Court of Pennsylvania in Thomas v. Hempt Bros., 371 Pa. 383, 89 A. 2d 776. To settle this question we granted certiorari in this and the Hempt Bros. case. 344 U. S. 895.
Amesite is produced in Pennsylvania for use on Pennsylvania roads. None of it is manufactured with a purpose to ship it across state lines. For this reason, so Alstate contends, amesite is not produced “for commerce.” Obviously, acceptance of this contention would require us to read “production of goods for commerce” as though written “production of goods for transportation in commerce” — that is, across state lines. Such limiting language did appear in the bill as it passed the Senate, but Congress left it out of the Act as passed. Of course production of “goods” for the purpose of shipping them across state lines is production “for commerce.” But we could not hold — consistently with Overstreet v. North Shore Corp., 318 U. S. 125, and Pedersen v. Fitzgerald Construction Co., 318 U. S. 740 — that the only way to produce goods “for commerce” is to produce them for transportation across state lines.
In the Overstreet and Pedersen cases, supra, we had to decide whether employees engaged in repairing interstate roads and railroads were “in commerce.” In Over-street we pointed out that interstate roads and railroads are indispensable “instrumentalities” in the carriage of persons and goods that move in interstate commerce. We then held that because roads and railroads are in law and in fact integrated and indispensable parts of our system of commerce among the states, employees repairing them are “in commerce.” Consequently he who serves interstate highways and railroads serves commerce. By the same token he who produces goods for these indispensable and inseparable parts of commerce produces goods for commerce. We therefore conclude that Al-state’s off-the-road employees were covered by the Act because engaged in “production of goods for commerce.”
It is contended that we should not construe the Act as covering the “off-the-road” employees because it was given a contrary interpretation by its administrators from 1938 until 1945. During these first years after the Act’s passage the administrator did take such a position. But more experience with the Act together with judicial construction of its scope convinced its administrators that the first interpretation was unjustifiably narrow. He therefore publicly announced that off-the-road employees like these were protected by the Act. The new interpretation was reported to congressional committees on a number of occasions. Interested employers severely criticized the administrator’s changes. Specific amendments were urged to neutralize his interpretation. Such neutralizing amendments were suggested to congressional committees by the National Sand and Gravel Association which has filed a brief before us as amicus curiae. Instead of adopting any of the suggestions to undermine the administrator’s interpretation, Congress in a 1949 amendment to the Fair Labor Standards Act provided that all past orders, regulations and interpretations of the administrator should remain in effect “except to the extent that any such order, regulation, interpretation, . . . may be inconsistent with the provisions of this Act, or may from time to time be amended, modified, or rescinded by the Administrator . ...”
We decline to repudiate an administrative interpretation of the Act which Congress refused to repudiate after being repeatedly urged to do so.
There is an objection to the scope of the injunction, but we are satisfied with the Court of Appeals’ treatment of this contention.
Affirmed.
52 Stat. 1060, as amended, 63 Stat. 910, 912-913, 29 U. S. C. §§ 207 (a), 211 (c).
Overstreet v. North Shore Corp., 318 U. S. 125; Pedersen v. Fitzgerald Construction Co., 318 U. S. 740, reversing 288 N. Y. 687, 43 N. E. 2d 83, on the authority of Overstreet v. North Shore Corp., supra.
81 Cong. Rec. 7957.
Fleming v. Atlantic Co., 40 F. Supp. 654, affirmed sub nom. Atlantic Co. v. Walling, 131 F. 2d 518; Lewis v. Florida Power & Light Co., 154 F. 2d 751; Southern United Ice Co. v. Hendrix, 153 F. 2d 689; Chapman v. Home Ice Co., 136 F. 2d 353.
See for illustration Hearings before Subcommittee No. 4 of House Committee on Education and Labor on H. R. 40, 80th Cong., 1st Sess. 1374-1375.
63 Stat. 910, 920.
What follows is an opinion from the Supreme Court of the United States. Your task is to determine whether the decision of the court whose decision the Supreme Court reviewed was itself liberal or conservative. In the context of issues pertaining to criminal procedure, civil rights, First Amendment, due process, privacy, and attorneys, consider liberal to be pro-person accused or convicted of crime, or denied a jury trial, pro-civil liberties or civil rights claimant, especially those exercising less protected civil rights (e.g., homosexuality), pro-child or juvenile, pro-indigent pro-Indian, pro-affirmative action, pro-neutrality in establishment clause cases, pro-female in abortion, pro-underdog, anti-slavery, incorporation of foreign territories anti-government in the context of due process, except for takings clause cases where a pro-government, anti-owner vote is considered liberal except in criminal forfeiture cases or those where the taking is pro-business violation of due process by exercising jurisdiction over nonresident, pro-attorney or governmental official in non-liability cases, pro-accountability and/or anti-corruption in campaign spending pro-privacy vis-a-vis the 1st Amendment where the privacy invaded is that of mental incompetents, pro-disclosure in Freedom of Information Act issues except for employment and student records. In the context of issues pertaining to unions and economic activity, consider liberal to be pro-union except in union antitrust where liberal = pro-competition, pro-government, anti-business anti-employer, pro-competition, pro-injured person, pro-indigent, pro-small business vis-a-vis large business pro-state/anti-business in state tax cases, pro-debtor, pro-bankrupt, pro-Indian, pro-environmental protection, pro-economic underdog pro-consumer, pro-accountability in governmental corruption, pro-original grantee, purchaser, or occupant in state and territorial land claims anti-union member or employee vis-a-vis union, anti-union in union antitrust, anti-union in union or closed shop, pro-trial in arbitration. In the context of issues pertaining to judicial power, consider liberal to be pro-exercise of judicial power, pro-judicial "activism", pro-judicial review of administrative action. In the context of issues pertaining to federalism, consider liberal to be pro-federal power, pro-executive power in executive/congressional disputes, anti-state. In the context of issues pertaining to federal taxation, consider liberal to be pro-United States and conservative pro-taxpayer. In miscellaneous, consider conservative the incorporation of foreign territories and executive authority vis-a-vis congress or the states or judcial authority vis-a-vis state or federal legislative authority, and consider liberal legislative veto. The lower court's decision direction is unspecifiable if the manner in which the Supreme Court took jurisdiction is original or certification; or if the direction of the Supreme Court's decision is unspecifiable and the main issue pertains to private law or interstate relations