Evening star., 1935-10-18

the District, regularly employees on a
permanent basis certain foremen who
work on jobs in Maryland, Virginia OF
the District. as the need may be.
ut is not readily apparent where
they customarily perform their work, u
said Prettyman and Marshall. They
will be deemed to perform the greater
part OF their work at the residence oi
the employer, in this instance within
the District"
The Washington Base Ball Club
cited as another example, was held
| subject to the law as to members OF
its team. The officials said it would be
deemed that the team performed the
| greater part Of their services "at the
residence of the employer" or within
the District. applying the rule set up
for cases where it was not readily ap-
parent where the greater part of the
services of employees in performed.
To Include All Possible.
Exemptions from the provisions Of
the act will be construed strictly, not
extending them beyond the literal
terms used by Congress, authors Of
the tentative rules stated. The pol
icy OF the act is to bring within its
benefits the greatest number of en-
ployes in order to alleviate unemploy-
ment conditions to the maximum
practical extent. Prettyman and Mar
shall stated.
Discussing the six stated exemptions
the tentative rules outlined the fol-
lowing principles:
/. All employees whose services are
performed in or about the living quar-
pters Of the private home or residence
OF the employer or his family are
exempt, provided such services are
ordinarily considered to be of house
hold nature. When the element Of
business or profit enters, the institu-
ton ceases to be q private home"
If more than one person, not re-
lated to the family or individual
operating the house, obtains board
or lodging or both in such home or
residence, 1t shall be deemed to be a
boarding or rooming house as the case
may be, the board was advised.
Domestic Services Seen.
Services in q private home" deemed
to be domestic are those of cooks,
maids, buffers. Wallets, furnacemen,
footmen, laundresses, gardeners,
grooms, coachmen, kennelmen and
chauffeurs of automobiles for family
use. But these services, If performed
In private sanataria, hospitals, clubs,
hotels, private schools, commercial
offices or establishments of any nature
are not to be exempt from the act.
2. Casual" labor not employed in
the course Of the employers trade or
business is exempt. The tentative
rules state that labor Is casual" If it
is occasional, incidental and occurs
irregularly. Services performed for a
fraternal organization in giving a
circus or benefit Is deemed casual.
Likewise services rendered to a home
owner In occasional storage of coal
or wood. painting, papering, repairing,
remodeling. constructions, etc., is
deemed exempt. Others classed rs
casual were services rendered a house.
holder by caterers, or musicians called
In for special occasions, and services
by golf caddies to individuals.
Labor performed mot in the course
OF the employers trade or business"
was interpreted as labor which does
not readily appear to advance, promote
or further the trade or business of
the employer.
Services in Course Of Trade.
The services listed in the following
were deemed I'm the course of trade
or business" and subject to the law
unless performed by a contractor or
individual "who Is independent of the
control Of the employer:
Extra employees or clerks, window
washing, white-washing, painting,
cleaning, repairing, remodeling to
existing business property, construc-
tion OF addition to business property,
repair Of equipment used In the course
OF the employers trade or business,
washing automobiles used in the
course Of the business, removing snow
from entrance of business or Office
establishment. employment by busi-
ness establishment or ofiice Of one to
store coal, wood, ETC., and employment
OF one by . doctor to operate his
automobile while making professional
calls.
The following examples Of labor
mot in the course Of trade or busi-
ness" were listed:
Services performed for Q fraternal
in giving . circus or bene-
ut, services performed for an owner on
buildings which he rented, provided
such endeavor was not his main or
only business. trade or means Of i've
hhood; services performed for one
to . business not as yet
In operation.
3. Introfamily employment: II .
husband Il employed BY his wife. or
wife hy her hWhada. such employ.