Evening star., 1938-09-09


tto,ts people are asking concerning
effective October "a, together NTH
the best cpnilable dnsDers at this
time. Precious articles haze dis
eNssed the ,Dage, hours and child
labor aspects OF the laD and the
subject OF exemptions.
ly the Associated Press.
Will the law require large body of
administrative employees, inspectors
and agents7
Most Of the thousands who are
applying for jobs under the admin
tstrator will be disappointed. While
he is empowered to appoint such civil
service employees as he deems neces-
sary he has said there will be no army
of agents. He will use existing re-
gional. local and other agencies when
ever possible. Likewise, he will de-
pend largely upon the industries af-
fected to do their own policing, as
suning that the penalties for viola
ton and the self-interest of persons
aggrieved by suspected violations, who
may bring suit will be powerful in
centives to strict observance.
Will not employees hesitate to in
form of violations and bring suit lest
they jeopardize their jobs?
The act makes it unlawful to dis
charge an employe or discriminate
against him because he has filed COM
plant. instituted proceedings, testi-
fed against his employer or served on
one of the industry committees.
Wide Investigative Powers.
Will the administrator investigate
asserted violations and issue orders
respecting compliance?
He has wide powers to investigate,
gather data and require the keeping
of suitable records. He may also issue
orders containing such terms and con-
ditions as he may find necessary. He
has power to compel attendance of
witnesses at hearings and to require
the production of books, papers and
documents.
Can an aggrieved employer obtain a
court review of an order of the ad-
ministrator concerning wages and
hours?
Yes, by asking a Circuit Court of
Appeals to set aside the grievous
Older The law provides procedure
under which the court calls on the
administrator for pertinent records in
the case, reviews questions Of law, in
spects the evidence on which facts
Notorvoiool ,v,1o
additional evidence is material. Pro-
vlding the complaining employer has
availed himself properly of his op-
portunities to present his full case to
the administrator, the court may order
further hearings before the admins
traitor looking toward new findings or
recommendations Its decree there
fore is final, subject to the possibility
Of Supreme Court review.
If such an aggrieved person takes
his case to the courts, does that au-
tomatically stay the administrator
order until the court decides?
No; and the law provides the court
shall not grant any stay unless the
person complaining gives satisfactory
surety for payments to employees af-
fected by the order in question in
case it should be upheld by the court
Is the procedure the same with
respect to the child labor provisions?
1t is similar but the administrator
in such cases, is the chief of the
Children's Bureau in the Department
Of Labor.
If person or industry should carry
an appeal to the Supreme Court and
win his case, does that destroy the
whole law?
The law contains the "separability"
clause, which provides that il its ap-
plication to one person or circum-
stance happens to be held invalid, its
application to other persons or cir
cumstances shall not be affected. The
whole law would fall only if the
Supreme Court should decide that
Congress founded the law upon an
incorrect assumption of power, in
which case no order under the act
would be enforceable
Is there any distinction made be-
tween individuals and corporations in
respect to enforcement of this law?
The act provides that person"
affected by this law may be an in
dividual, partnership, association,
corporation, business trust, legal rep
resentative or any organized group of
persons, 1t also provides that an
''employer" may be any person act
Ing directly or indirectly in the inter-
est Of an employer in relation to an
employe.
Public Employees Excluded.
Are public employees affected by the
law?
No. The term employer" does not
include the United States or any State
or political subdivision of State.
To whom shall letters concerning
the application of the law be ad-
dressed?
If the question concerns wages and
hours. to Elmer F. Andrews, admins
traitor. Wages and Hours Division, De-
partment Of Labor, Washington, D. c.
1t is concerns child labor, to Miss
Katharine Lenroot, chief o: the Chill
dren's Bureau, Department OF Labor,
Washington.
Are such letters welcomed?
Yes, because they are being studied
by the administrators in their effort
to answer as quickly as possible the
pertinent questions concerning the law.
This may be done by public statements
and clarifying regulations, however,
not necessarily by direct reply.