fong versus walling case united states supreme court case suggesting that that case generally stands for the proposition that security guards are of course engaged in closely related process that housed tenants engaged in quality manufacturing gauge and commerce and the owner of the building provided a whole host of different employee is for the benefit of the tenants the security guard company to sit on site somewhere in southern california while a movie production company does whatever it might but what this case is similar to the case you were just talking about  is doing that but to suggest that there are offering guard services and guard services or something that is either closely related to the production of a movie is a process that is directly  painted gars these are on armed guards common sense leaders no question the guards are there to protect equipment meant to keep late people off the set things of that nature but with a shirt on they're going to not have to be providing services to anybody in the movie production company they have no one valving and no integration nothing and there's no evidence of that and i agree that that's when you read the cases there are when you first read them facially you can say oh well isn't cast involved in making a movie but of course it isn't it's a movie production company which someone shooting film actors agreements that cascaded into with all of its guards and the methodology that it used to calculate the wages didn't provide an overtime component the stipulated fact is the green was signed by all the employees who might have been on a job onsite or a one or two day shoot didn't work forty hours would be paid the average rate of pay that the employee signs agreement that is correct that's correct but every employee signed the pay rate schedule which on its face was precisely in indicating what the rates were and specifically indicating that rate in excess of forty hours in overtime rates and the evidence is that it was with production companies where they would just be given some sum of money that they would work backward from and to make it easy to do wages on administrative basis they had an outside service parings out the paychecks they used this method all using an average rate of pay and again that was because so many employees would work more than eight hours and with more than forty left on hours i if pay is hours were worked in excess of forty hours overtime pay was conceded and agreed upon in this format so cast an employee determine what it was it was not late afternoon mining and paint few that represent the secretary of labor i want to first say that there is evidence in the record to support the fact that there is a direct relationship between the activities of the security guards and the intent of the movie production further on in paragraph twelve among the purposes of the security service is this reducing opportunities for persons to prolong or damage equipment that is owned by under rental to the movie production firm and skipping down to paragraph twenty one on the next page and paragraph twenty two without such to cure the service to filming activity in public places would be more difficult and time that there is a direct relationship between the guards worked at these productions and the production of the movie with respect to the over time violations if i can move on to no questions on the coverage issue the regular great and over time great on these agreements was fiction this is made evident from the fact that when a guy works only one day during a work week and that day was eight hours long he was not paid the charts regular  under i mean what i don't want using a little i guess what i think is a case is simpler than you made out to me because you spent time looking at how they did their record keeping which really doesn't matter that much what matters is what people actually paid on the ground you're correct you document was a picture shall we go on that that you can you can do that you can have an agreement of the agreement has to be an agreement that provides for overtime to truly over time that is what the agreement did provide for