Montana labor news., 1938-07-21
Here Is The New Wages
and Hours Law

and Hours Law
Following is the complete text of
the new law passed by the last Con-
gress providing for establishment OF
minimum wages and maximum
hours in industry.
THAT THIS ACT MAY BE CITED
AS THE FAIR LABOR STAND
ARDS ACT OF 1888"
Finding and Declaration of Policy
Section 2 (a). The Congress hereby
finds that the existence, in industries
engaged in commerce or in the pro-
duction of goods for commerce, OF
labor conditions detrimental to the
maintenance of the minimum stand
ard of living necessary for health
efficiency and general well-being OF
workers ID causes commerce and
the channels and instrumentalitieS
of commerce to be used to spread
and perpetuate such labor conditions
among the workers of the several
states; ~ burdens commerce ano
the free flow of goods in commerce.
CD constitutes an unfair method Of
competition in commerce; "a leads
to labor disputes %burdening and OBJ
structing commerce and the free
flow of goods in commerce; and 90
interferes with the orderly and fan
marketing of goods in commerce.
(b) 1t is hereby declared to be the
policy of this act, through the exer'
else by Congress of its power tC
regulate commerce among the sew
eral states, to correct and as rapidly
as practicable to eliminate the con.
ditions above referred to in such in.
dustries without substantially cur,
failing employment of earning
power.
Definitions
Section 3. AS used in this act
(a) Persons means an individual
partnership, association, corporation
business trust, legal Representative
or any organized group of persons
(b) Commerce means trade
commerce, transportation, transmits.
sion, or communication among the
several states or from any state tt
any place outside thereof.
(c) State means any state of The
United States or the District of Co
lumbia or any territory or possession
of the United States.
(d) Employer includes any per.
0 acting directly Or indirectly il
the interest of an employer in rela
ton to an employee but shall not in
clude the United States or any STATE
or political subdivision of a state, o.
any labor organization (other thar
when acting as an employer), OF any
one acting in the capacity of office
or agent of such labor organization
(e) Employee" includes any indi
vidual employed by ar employer.
Coverage as to Agriculture
(f) agriculture includes farming
in all its branches and among othe
things includes the cultivation ant
tillage of the soil, dairying, the pro
duction, cultivation, growing, ant
harvesting of any agricultural o
horticultural commodities (includinl
commodities defined as agriculture
commodities in Section Is (g) of thu
Agricultural Marketing Act, a
amended), the raising of livestock
bees, fur-bearing animals, or poultry
and any practices (including any for
estry or numbering operations per
formed by a farmer or on a farm a
an incident to or in conjunction witt
such farming operations, including
preparation for market, delivery t
storage or to market or to carriers
for transportation to market.
(g) Employ" includes to suffer o.
permit to. work.
(h) Industry" means a trade
business, industry, n branch thereof
or group of industries, in which in
dividuals are gainfully employed.
nk~ nof.nst.ox. 80 HGa0ley
ID Goods" means goods (includ
ing ships and marine equipment
wares, products, commodities, mer
chandise or articles or subjects O
commerce of any character, or any
part or ingredient thereof, but doe
not include goods after their delivery
into the actual physical possession
of the ultimate consumer thereo.
other than a producer, manufacture
or professor thereof.
I'D Produced" means produced
manufactured, mined, handled or il
any other name worked on in any
state; and for the purposes of thil
act an employee shall be deemed tC
have been engaged in the produc'
ton, manufacturing, mining, hand.
ling, transporting, or in any other
manner working on such goods, o.
in any process or occupation neces-
sary to the production thereof, il
any state.
(k) sale" or sell" includes any
sale, exchange contract to sell, con
signment for sale, shipment for sale
or other disposition.
Specifications as to Child Labor