NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BEAUTY PARLOR 

CONCESSIONAIRES INDUSTRY 

AS SUBMITTED ON AUGUST 22, 1933 

REGISTRY No. 1708-2-82 

The Code for the Beauty Parlor Concessionaires Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

• 

PROPOSED CODE OF NATIONAL ASSOCIATION OF BEAUTY 

PARLOR CONCESSIONNAIRES UNDER THE NATIONAL 

INDUSTRIAL RECOVERY ACT 

PART I 

To effectuate the policy of Title I of the National Industrial Recovery Act during the period of the emergency, by reducing and 

relieving unemployment, improving the standards of labor, eliminating competitive practices destructive of the interests of the public, employees and employers, and otherwise rehabilitating the business of conducting beauty parlors in department stores in the United 

States, the following provisions are established as a code of fair 

competition for such industry: 

FIRST-DEFINITIONS 

The term "effective date" as used herein is defined to be the first 

Monday following the approval of this code by the President. 

The term " persons " as used herein includes natural persons, partnerships, associations, and corporations. 

The term "employer" as used herein shall include every person 

(whether individual, partnership, association, or corporation) engaged in the conduct and operation of beauty parlors or salons in 

department stores located within the territorial confines of the 

United States of America. 

The term "commissioned employee" as used herein is defined to 

mean all persons employed in such beauty parlors or salons whose 

compensation is based upon the work actually performed and/or 

produced by such employee and is not based upon the number of 

hours during which such employee is actually employed. 

The term "salaried employee" as used herein is defined to mean 

all persons employed at specific charge or salary based upon the 

time or number of hours during which such employee shall be 

actually employed. 

"Cities of the first class " as used herein is defined to mean cities 

of over 500,000 population by reference to the 1930 Federal census. 

" Cities of the second class " as used herein is defined to mean 

cities of from 100,000 to 500,000 population by reference to the 

1930 Federal census. 

" Cities of the third class " as used herein is defined to mean cities 

of less than 100,000 population by reference to the 1930 census. 

The term "Southern area" is defined as including the following 

States: Virginia, West Virginia, North Carolina, South Carolina., Georgia, Florida, Kentucky, Maryland, District of Columbia, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Oklahoma, and 

Texas. 

8652-33 (1) 
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SECOND LABOR CODE 

1. Collective bargaining.-In conformity with the provisiOns of 

Section 7a of the National Industrial Recovery Act, the attitude of 

this industry with respect to the labor of employees shall be as 

follows: 

A. That employees shall have the right to organize and bargain 

collectively through representatives of their own. choosing and shall 

be free from the interference, restrain, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in self-organizatiOn or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

B. That no employee and no one seeking employment shall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his choosing; and 

D. That employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

2. Child labor.-On and after the effective date, employers in this 

industry shall not employ any minor under the age of sixteen (16) 

years. 

3. Maximum hours.-A. No employer shall work any employee 

(other than those hereinbelow excepted) for more than forty-eight 

( 48) hours per week, excepting that at peak periods in the business, 

employees may work more than forty-eight (48) hours per week 

for a maximum not exceeding three (3) weeks in each six (6) months. 

The following are excepted from the above : 

a. Employees employed on a commission basis, herein referred 

to as "commissioned employees." 

b. Executives whose salaries exceed $25 per week. 

c. Professional persons employed in their professional capacity. 

d. Maintenance employees. 

The employees specified in subdivisions "b ", "c ", and "d" may 

be employed for more than forty-eight (48) hours per week if paid 

time and one third (¥3) for all hours in excess of forty-eight ( 48) 

hours per week. 

B. The hours of any store or service operation shall not be reduced 

below fifty-two (52) hours in any one (1) week unless such hours 

were less than fifty-two (52) hours per week before July 1, 1933, 

and in the latter case not to reduce such hours at all. 

C. The maximum fixed in paragraph 3A shall not apply to employees in establishments employing not more than two (2) persons 

in towns of less than 2,500 population, which towns are not part of 

a larger trade area. 

4. Minimwm wage.-A. This industry is one popularly known as 

a service business in which custom.ers or patrons as a general rule 

give to employees performing the various services in the industry a 

variable sum of money in addition to the charge for the work done 

t>r service performed, paid to, and collected by the employer. This 

additional sum of money is commonly known as a" tip" and in computing the income of work in this industry such "tips" are deemed 

and considered to be a vital and integral part thereof. For the 
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purposes of fixing the earnings of salaried employees, employers 

have heretofore included such "tips", and, in fixing the n1inimum 

·earnings which such employees shall hereafter receive, the customary 

:and reasonable amount of such "tips", which are reasonably ascertainable, are to be herewith included. Provision may be made for 

-fluctuations in the amount of such "tips " so as to provide at all 

times that the minimum amounts paid by the employer together with 

the amount of such" tips" shall aggregate the minimum wage hereinafter specified. 

B. On .and after the effective date, salaried employees shall receive 

.salaries which with the reasonable amount of "tips" received by 

them shall aggregate in cities of the first class not less than Fourteen 

{$14) Dollars per week; in cities of the second class not less than 

Thirteen and 50/100 ($13.50) Dollars per week; and in cities of the 

third class not less than Thirteen ($13) Dollars per week: Provided, however~ That in cities located in the Southern area such earnings 

.shall be in each class One ($1) Dollar less per week; such earnings 

to be for a week, to consist of not more than forty -eight ( 48) hours. 

C. Commissioned employees are not subject to the regulations 

herein provided with respect to minimum wages and maximum 

hours. 

D. On and after the effective date of this code, junior salaried 

employees between the ages of sixteen (16) years and eighteen (18) 

years, inclusive, with less than six ( 6) months' experience in such 

work shall be paid at the rate of Two ($2) Dollars less for a work 

week as above provided and apprentice salaried employees more 

than eighteen (18) years of age with less than six (6) months' experience in such work shall be paid at the rate of One ($1) Dollar 

less for a work week as provided above and provided that the minimum payable shall not be less than at the rate of Eleven ($11) 

Dollars per week. 

E. It is recognized in this industry that certain employees are .specially employed for particular portions of the week not aggregating a full week-in many cases these employees have other einployment in addition. These employees shall continue to work such 

portions of time as they may be required, but in the case of salaried 

employees on part time they shall receive the same minimum wage 

for the hours during which they shall be actually engaged in their 

-employment. 

5. Salaried employees receiving compensation for employment 

now in excess: of the minimum wages hereby agreed to ( notwithstanding that the hours worked in such employment may be hereby 

reduced) shall not receive reductions in such compensation and 

wherever possible shall receive increases in such pay by an equitable 

readjustment of all pay schedules. 

6. The persons subject to this code agree that they shall not use 

any subterfuge to frustrate the spirit and intent of this code, which 

is, among other things, to increase employment by universal covenant, 

to remove obstructions to commerce, and to shorten hours and to 

raise wages for the shorter week to a living basis. 

7. The persons subject to this code agree that they shall not increase the price of any merchandise sold or work done or services 

performed after the date hereof over the prices on July 1, 1933, by 
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more than is made necessary · by the actual increases in production, 

operating, replacement, or invoice costs or by taxes or other costs 

or by the addition of a fair profit, and in setting such price increases 

to give full weight to probable increases in sales volume and to refrain from taking profiteering advantage of the consuming public. 

8. The prices charged for work done or services performed in such 

beauty parlors or salons shall be at least sufficient to permit conlpliance with this code and of other necessary and proper expenses 

in connection therewith and in addition to permit a reasonable profit 

to the employers. Offering or agreeing to do any work or perform 

any services at a price less than will yield a reasonable profit in 

order to encourage business in any other work and service, IS 

strictly prohibited. 

THIRD 

Recognizing that the stability of the industry and the ability to 

carry into effect the purpose and intent of this act depend largely 

upon the complete cooperation of all those engaged in this industry 

and with a view to effect such complete stabilization, all persons 

members of the association offering this code shall by virtue of their 

membership be deemed collectively to have been licensed to do business in this industry under this act. 

All persons engaged in the conduct and operation of beauty parlors or salons anywhere in the United States and not a member of 

this association named herein shall, promptly following the effective 

date of this code, obtain and procure from the administrator a 

license or permit thus to engage or continue in business which shall 

be conditioned upon the obligation of such applying person to comply with all and every the provisions of this code and the amendments thereof and such ~ther and further regulations as may be 

prescribed by the administrator. 

FOURTH 

This code is not designed to promote monopolies and shall not be 

availed of for that purpose. 

The provisions of this code shall not be so interpreted or administered as to eliminate or oppress small enterprises or to discriminate against them. 

FIFTH 

The administrator is expressly authorized to deputize a committea 

to do and perform such acts as may be necessary to carry into effect 

the purpose and intent of this code. 

SIXTH 

This code and all the provisions thereof are expressly subject to 

the right of the President, in accordance with the provisions of 

Clause Tenth (b) of the N ationa1 Industrial Recovery Act, from 

time to time to cancel or modify any order provision, license, rule, 
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or regulation issued under Title I of said act, and specifically to the 

right of the President to cancel or modify his approval of this code 

or any conditions imposed by him upon his approval thereof. 

Such of the provisions of this code as are not required to he 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes 

in circumstances or experience may indicate. It is contemplated that 

from time to time supplementary provisions to this code, or additional codes, will be substituted for approval of the President to 

prevent unfair competition and price and other unfair and destructive competitive practices and to effectuate the other purposes and 

policies of Title I of the National Industrial Recovery Act with the provision~ hereof. 

Respectfully submitted. 

NATIONAL AssoCIATION OF 

BEAUTY PARLOR CoNCESSION AIREs, 

By JACOB KRrsEL, Secretary. 

0 
UNIVERSITY OF FLORIDA 

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