Montana labor news., 1938-07-21

and shall administer all other provi-
sions Of this act relating to oppres-
sive child labor.
Exemptions
Section Is Ia. The provisions of
sections 6 and Z shall not apply with
respect to Cd any employee en-
ployed in a bona fide executive adj
~ministrative, professional, or local
retailing capacity, or in the capacity
of outside salesman ,as such terms
are defined and delimited by regula-
ton sof the administrator; or (2)
any employee engaged in any retail
establishment the greater part of
whose selling is in interstate COM
merce; or (3) any employee en-
ployed as a seaman; or (4) any en-
ployee of a carrier by air subject to
the provisions of title II of the Rail
way Labor Act; or 90 any employee
employed in the catching, taking,
harvesting, cultivating, or farming
of any kind of fish, shellfish, crus-
tacea, sponges, ~seaweeds, or other
aquatic forms Of animal and vege-
table life, including the going to and
returning from work and including
employment in the loading, unload
ing, or packing of such products for
shipment or in propagating, process
ing, marketing, freezing, canning,
curing, storing or distributing the
above products Oh ~by-products there
Of; or 90 any employee employed
in agriculture; or % any employee
to the extent that such employee is
exempted by regulations or orders
of the administrator issued under
section IA; Oh (8) any employee en-
ployed in connection with the publ
cation of any weekly or semiweekly
newspaper with a circulation of less
than 5000 the major part of which
circulation is within the country
where printed and published; or 90
any employee of a street, suburban,
or interurban electric railway, or
local trolley or motor bus carrier,
not included in other exemptions
contained in this section; or (10) to
any Individual employed within the
area of production (as defined by
the administrator, engaged in hand
ling, packing, storing, ginning, COM
pressing, pasteurizing, drying, pre-
pairing in their raw or natural state,
or canning of agricultural commodi-
ties for market, or in making cheese
or butter.
(b) The provisions of section 7
shall not apply with respect to %
any employee with respect to whom
the Interstate Commerce Commission
has power to establish qualifications
and maximum hours of service pur-
suant to the provisions Of section 204
of the Motor Carrier Act, 1885; or
~ any employee of an employer
subject to the provisions of part l
of the Interstate Commerce Act.
(c) The provisions of section IL
relating to child labor shall not apply
with respect to any employee tenn
porarily employed in agriculture
while not legally required to attend
school, or to any child employed as
an actor in motion pictures or thea
trical productions.
Learners, Apprentices, Handicapped
Workers
Section IA. The administrator, to
the extent necessary in order to pre-
vent curtailment of opportunities for
employment, shall by regulations or
by orders provide for (1) the en-
ployment Of learners, Of apprentices
and of messengers employed exclu-
sively in delivering letters and mes
sages, under special certificates is
sued pursuant to regulations of the
administrator, at such wages lower
than the minimum wage applicable
under section 6 and subject to such
limitations as to time, number, pro-
portion and length of service as the
administrator shall prescribe, and
~ the employment Of individuals
whose earning capacity is impaired
by age or physical or mental def
cheney or injury, under special GER
t~ificates issued by the administrator,
at such wages lower than the mini
mum wage applicable under section
6 and for such period as shall be
fixed in such certificates.
Prohibited Acts
Section Is (a). After the expira-
ton of 100 days from the date of
enactment of this act, it shall be
unlawful for any person
% To transport, offer for trans
portation, ship, deliver, or sell in
commerce, o to ship, deliver, or sell
with knowledge that shipment or
delivery or sale thereof in commerce
is intended, any goods in the produc-
ton of which any employee was en-
ployed in violation Of section 6 or
section 7, or in violation of any regu-
lation or order of the administrator
issued under section IA; except that
no provision of this act shall impose
any liability upon any common car
rier for the transportation in COM
merce in the regular course of its
business of any goods not produced
by such common carrier, and no pro-
vision of this act shall excuse any
common carrier from its obligation
IN accapt anv uoOdc for f-ropcpOrfn-