OFFICE OF THE AT-iORNEY GENERAL OF TEXAS 

AUSTf PI 

. 

ffonorable John D. Reed, Commissioner 

Bureau OS Labor Statlstlcs 

Austin, Texas 

Dear Sir; 

_’ thin ode OS 

in excess of nine per day. However, the exemption 

as provided for in Section 6 makes no mention of 

rates of pay. Please advise me whether or not suoh 

manusacturers OS cotton goods who come within the 

jurisdiction of one of the three Federal Aats mentioned in Section 6 are eligible for an exemption 

under same and if they ape eligible under the proviaiona of Section 6, would the exemption as provided 
Honorable John D, Reed, page 2 

for InSectIon 3 control the rate of wages or vould 

such an exemption, if granted under Section 6, exempt 

these manufacturers of cotton goods from the provisions of paying double time for those hours in excesa of nine. 

A ” 

. . . . 

?ection 3 of Senate Bill Ro.~l29, Aate of the 48th 

Legislature, reads as follows: 

%o Selnale shall be employed in any factory engaged In the raenufacture of cotton, woolen or worsted goods .or artiales of merchandise manufactured out 

of cotton goods for more than ten (10) hours in any 

one oalendar day, nor more than sixty (60) hours in 

any one calendar week, If such female is employed 

for more than nine (9) hours in any one day she 

shall receive pay at the rate OS double her regular 

pay for such time as she may be employed for more 

than nine (9) hours per day,” 

Section 6 of Senate Bill 129, Aota OS the 48th Legislature, reads as Solloma: 

‘In addition to the foregoing exemptions, ln 

time of war and/or when the kresident of the United 

States proalcrims a state of national emergency to 

exist, female workers employed in industries coming 

within the jurisdiction OS the Pair Labor Standards 

Act of 1938 and amendments thereto, the Act OS June 

30th, 1936, C. 881, 49 statute 2036, U. 5. Code, 

Supplement II, Title 41, Paragraph 35-45, as auended 

by Act of Nay 13, 1942, Public 1~0. 552, 77th Congress, 

2nd Session, commonly known as the Walsh-Healey Act, 

or the Act of Darth 3, 1931, C. 441, 46 Statute 

1494, as amended August 30, 1935, C. 825, 49 Statute 1011, u. 3. Code Title 40, Paragraph 276~ and 

Supplement V, Title 40, Paragraph 276A-2768-6, commonly known as the Bacon-Davis Act, are exempted 

from the provisions OS Seotions 1, 2, 3, 4, 5$ and 

13 of this Act, and female workers in such industries 

may be employed not exceeding ten (10) hours per day 

provided such hours of employment in such industries 

are not injurious to the health or morals OS female 
Honorable- John D. Reed, page 3 

63 

employees, or working such hours does not add to 

the hqzards OS their occupations and such hours of 

employment are in the publio interest. Provided, 

however, that in time of war and/or when the President of tha United States proclaims a state of national emergency to exist, all female office employees 

of such employers coming within the purview OS Seotion.6 hereof are exempt from the provisions of this 

Act.” 

The above ousted provisions of Section 6 are plain 

and nnambiguous and expressly provide that female workers employed lxi industries coming within the jurisdiction of one of 

the three Federal Acts above mentioned are exempt from the 

provisions OS Sections 1;,2, ,3, 4, 5 and 13 of this Act. 

~1t.i~ therefore our opinion that manuSacturers OS 

cotton 9oods who come within the jurisdiction OS one of the 

three Federal Acts mentioned in Section 6 of Senate Bill 129 

are eligible for an exemption under same, both as to hours 

of labor and overtime wages. 

Very truly your5 

AZTORHEY G’JBBRAL OF TEXAS 

JCD:db 

BY pz. huq.-l. 

J. C. Davis, Jr. 

Assistant 

~~p~o~'Jib &, d?r~'