OFFICE OF THE AT-iORNEY GENERAL OF TEXAS AUSTf PI

.
ffonorable JohnD. Reed, Commissioner Bureau OSLabor Statlstlcs Austin, Texas Dear Sir;

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in excess of nine per day. However, the exemption as provided for in Section 6makesnomention of rates of pay. Please advise mewhether or not suoh manusacturers OScotton goods whocomewithin the jurisdiction of one of the three Federal Aats mentioned in Section 6are eligible for an exemption under sameandif they ape eligible under the proviaiona of Section 6, would the exemption as providedHonorable 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 anyfactory 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 morethan 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 OSdouble her regular pay for such time as she maybe employed for more than nine (9) hours per day,” Section 6 of Senate Bill 129, Aota OSthe 48th Legislature, reads 

### asSolloma:

‘In addition to the foregoing exemptions, ln time of war and/or whenthe kresident of the United States proalcrims a state of national emergency to exist, female workers employed in industries coming within the jurisdiction OSthe Pair Labor Standards Act of 

### 1938and amendmentsthereto, the Act OSJune 30th, 1936, C. 881, 49statute 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, 2ndSession, commonlyknownas the Walsh-Healey Act, or the Act of Darth 3, 1931, C. 441, 46Statute 1494, as amendedAugust 30, 1935, C. 825, 49 Statute 1011, u. 3. CodeTitle 40, Paragraph 276~and Supplement V, Title 40, Paragraph 276A-2768-6, commonly knownas the Bacon-Davis Act, are exempted from the provisions OSSeotions 1, 2, 3, 4, 5$ and 13 of this Act, andfemale workers in such industries maybe employed not exceeding ten (10) hours per day provided such hours of employment in such industries are not injurious to the health or morals OSfemaleHonorable- John D. Reed, page 3 63 employees, or working such hours does not add to the hqzards OStheir occupations andsuch hours of employment are in the publio interest. Provided, however, thatin time of war and/or whenthe President of tha United States proclaims a state of national emergency to exist, all female office employees of such employers coming within the purview OSSeotion.6 hereof are exempt from the provisions of this Act.” The above ousted provisions of Section 6 are plain andnnambiguous 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 OSSections 1;,2, ,3, 4, 5and 13 of this Act.

~1t.i~ therefore our opinion that manuSacturers OS cotton 9oods whocomewithin the jurisdiction OSone of the three Federal Acts mentioned in Section 6of 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

OFTEXAS

JCD:db 

# BY pz. huq.-l. J. C. Davis, Jr. Assistant

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