Indianapolis Times, Indianapolis, Marion County, 19 October 1938 — Page 2

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New Wage-Hour

To Affect

11 Million

8 Workers Next Week

44-Hour Ceiling on Working Time and 25-Cent Floor +. On Hourly Pay Will Be Established;

Andrews Gives

Interpretations.

(Editorial, Page 12)

. WASHINGTON, Oct. 19 (U. P.).—Federal control over wages and hours in" interstate industry becomes effective at 12:01 a. m. Monday, under the Fair Labor Standards Act of 1938. After that hour it will be illegal for those covered by the statute to work more than 44 hours a week unless they are paid in money (not time

off) at the rate of time and one-half for the overtime.

hourly wage becomes 25 cents:

The minimum

The act was passed by the last Congress and signed by President Roosevelt on June 25. It is estimated that 11 million workers will be

affected by its provisions. Ultimately the law will establish a -ceiling of 40 hours over the standard work week for those covered by the act and a floor of 40 cents an hour under wages. Approach to that objective is gradual. Standards automatically established Monday morning provide for a 44-hour week and minimum pay of 25 cents an hour. The act also undertakes abolition of “oppressive child labor.” Both with respect to child labor and the wage-hour standards imposed, enforcement of the act will bar from commerce all goods produced in violation of its terms or in violation of orders of the administrator, Elmer

—F. Andrews.

. Fines, Sentences Provided

_ Several penalties may be assessed against violators. The maximum penalty for the first wilful violation is a $10,000 fine. Penalty of a second wilful violation could be $10,000 fine, imprisonment for not more than six months, or both. The act provides for industry committees. Some businessmen are said to be under the impression that the wage-hour provisions do not become operative in any industry until its industry committee has been appointed and has made recommendations. That is a mistake. Actually only one industry committee has been appointed—for textiles — but . the provisions of the act become “effective generally at the appointed hour. iE : Application of wage-hour provisions’ presumably will invalidate parts of existing union labor contracts which do not conform to the law now about: to become operative. Included in the act is a paragraph stipulating that the new legislation shall not justify an employer in reducing wages paid in excess of proposed minimum wages nor justify increasing hours of employment which now are less than the maximum hours provided by the act. / That language, however, does not forbid and evidently is nét enforceable. Therefore, it represents merely the hope of Congress. Wage-Hour Administrator Andrews has urged that employers voluntarily conform to the policy suggested. Indemnities Provided In addition to fines and imprisonment, there is provision for double indemnity of. employer to employee for violations. Recourse to courts may be had, as follows: 1. Employees may sue to recover unpaid minimum wages or unpaid overtime compensation. Violating employers are liable for unpaid sums plus an equal amount as damages, and court costs, including reasonable attorney fees. 2. Employers or employees aggrieved by a wage order may obtain review of the order in a U. S. Circuit Court, but the court’s power of review is limited to questions of law. 3. The Federal Government may prosecute criminally for violations of "the act or for discharge of, or discrimination against, any employee who has filed a compiaint under the act or testfied in a wage hearing. The administrator may ask a Federal District Court to restrain violations of the act by injunction. The standard work . week established by the act is as follows: Oct. 24, 1938, to Oct. 24, 1939, 44 hours; Oct. 24, 1939, to Oct. 24, 1940, 42 hours; thereafter, 40 hours. The . law does not prohibit employment in excess of the standard work week provided the employee is compensated in money at a rate not less than one and one-half times th regular rate. oT Higher Wages Possible Established wage minimums: 1. Oct. 24, 1938 to Oct. 24, 1939, 25 cents an hour. 2. Six years from Oct. 24, 1939 to Oct. 24, 1945, 30 cents an hour. 3. Thereafter, 40 cents an hour. But Congress held that it might be possible before 1945 to establish wages above 25 or 30 cents a hour “without substantially curtailing employment.” So Congress authorized wage determination committees equally representative of employers, labor and the public. These committees may recommend rates higher than 25 or 30 cents but not higher: than 40 cents an hour. The Wage and Hours Division has defined generally employees -covered by the Act and general exemptions. aisle

2 » ”

Elmer F. Andrews

process or occupation necessary to the production of such goods. 3. Employees engaged in interstate transportation, transmission or communication.

Exemptions Listed

The administrator’s first interpretative bulletin defined the foregoing as including office workers and maintenance and custodial employees of concerns subject to the act — a night watchman, for instance, employed by a firm engaged in interstate industry. Neither wage nor. hour provisions

‘apply to:

1. Agricultural -workers, seamen, employees of airlines, streetcar, motorbus, interurban railways and of weekly or semiweekly newspapers of less than 3000 circulation largely distributed in the county of publication. 2. Persons employed in a bonafide executive, administrative, professional or local retailing capacity, or as outside salesmen. 3. Persons employed in any retail or service establishment, the greater part of whose servicing or selling is in intrastate commerce. 4. Persons employed in fishing and the fishing industry. 5. Persons employed in the area of production to handle or prepare or can agricultural or horticultural commodities for market, or employed to make dairy products. Further complete exemption. from the hours provisions is provided for: 1. Employees of railway, motorbus and truck carriers which are regulated by the Interstate Commerce Commission.

gaged in the first processing of milk, whey, skimmed milk or cream into

® La Choy Chow Mein Noodles are made from selected grades of flour and eggs and cooked until crisp and golden brown : with nut-like flavor. They are necessary when serving genuine Chow Mein and delicious with _ creamed chicken, tuna fish, in soups, or as 8 snack between

dairy products, tn the ginning snd from compressing of cotton, in the proc-|visions

essing of ‘cotton seed and in the processing of sugar beets, sugar beet molasses, Sugar cane or maple sap into raw sugar -or sirup.

employment without overtime penweeks a year. And all maximum hours provi-

are waived for such seasonal opera-

There is a provision for seasonal

alty limited to a 12-hour day and 56-hour week for nof more than 14 rate: ) | established wages, etc. ~~. © Individual certificates © may - be issued for underscale payment to

sions for 14 weeks during any year learners, apprentices and .‘*handi-

tions as packing--fresh fruits and vegetables -and- dressing - poultry. or slaughtering livestock. There also is partial exemption

‘for em under a bona-fide .

: "

gaining’

capped” workers.

dS Ci

2. Employees of employers en-|

working collective bar‘agreement. But ‘annual hours under ‘this collective bargaining agreement. may not exceed 2000. The act forbids regional differentials but-directs: that consideration tacturer or dealer, be given to factors such as freight rates, living costs, cost of production,

_ All the foregoing is administered by the administrator of the Wage and Hour: Division of the Labor

child labor are administered / Katherine PF. Lenroot, chief of the Children’s Bureau of the Labor Department. “No producer,” says the official explanation of the act, “manuafter Oct. 24, 1938, may ship or deliver for shipment in interstate commerce any goods produced in an establishment which has employed ‘oppressive child labor’ within 30 days of removal of the goods.” : Oppressive child labor is defined as: 1. Employment of children under 16 years of age in any occupation,

for emp!

; oyment of children] tions: ‘children oyed in agr-|corrupt “act, has been ¢ by|14 or 15 years old at work, other|culture while not ‘legally required|layed. It originally was set for next

Monday. . Moss and Hitch were indicted connection with publication of

than manufacturing. or mining, which has been determined by the Thiet of She Children’s Bureau not to- interfere with their schooling, for employment in hazardous occuheaith or well-being. pations but “reasonable time will

to attend school.

The Children’s Bureau will fix a minimum age higher than 16 years

mary election.

at P i in a

political pamphlet before the prie

2. Employment of children 16 or|be given for adjustment by employ-

Beauty Culture is an Art! OIL PERMANENT HAIRCUT, SHAM-

COMPLETE WITH : POO AND SET 1

17 years of age in any occupa-|ers before any such orders become tion founded and declared by order |effective.” ;

of the chief of the Children’s Bureau POLITICAL BOOKLET

to be particularly hazardous or detrimental to health or well-being.

Exempted are: Movie and the-

atrical child actors; children under 16 employed by parents or persons standing in place of parents in nonmanufacturing, nonmining occupa-

CASE IS POSTPONED

Trial of Morris Moss and Ralph Hitch, indicted six months ago on charges of libel and violation of the

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