The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-08-04
POWER OF LABOR STANDARDS ACT
ADMINISTRATOR

Although the Fair Labor Standards Act of /
1888 prescribes that the sections fixing minimum
wage of not less than twenty-five cents an hour
and maximum work week of not more than forty
four hours for employees in these industries COM
ing under it's jurisdiction shall not be effective un
til 12O days after the Act was signed by Pres-
dent Roosevelt June a. there is no such limita-
ton on the sections outlining the functions of the
Administrator of the Act whose authority be-
gins as soon as he takes the oath of office. In!
view of the fact that the President has appointed
Elmer F. Andrews, Industrial Commissioner of
New York State, to be the Administrator, it is|
therefore, instructive to outline the major func-
tions he is required to perform.
In brief, the Administrator can:
Determine the industries subject to the Act.
Appoint an industry committee for each indus
try. The committee whose function is to recon-
mend to the Administrator the highest minimun|
wage rates which it believes will not substantially
curta employment, must include "a number of
disinterested persons representing the public oneI
of whom the Administrator shall designate asI
chairman, like number of persons representingI
employees in the industry and like number of per-
sons representing employers in the industry"
Approve or disapprove wage rates recommend I
eQ Dy Cne INDUSTRY cOnInlJLeeS.
In case of disapproval of the rates recommend
led by an industry committee, appoint another
committee to make second survey and submitI
recommendations
Decide what classes of employees are exempt
from the Act because they engaged in "execu-
tive administrative, professional, or local retail
ling capacities, or as outside statesmen"
Issue regulations permitting the employment
|of apprentices learners, and physically mentally
Handicapped persons at wages below the applicable
|minima.
Decide what constitutes seasonal" industries
(which are exempted by the Act from the ordinary
maximum hour requirements for no more than IA
weeks year.
Make inquiries relative to working conditions
in establishments coming under the Act to deter
mine compliance with it's provisions.
Require the maintenance by employers of such
records as are considered essential for enforce
}ment.
| Initiate and conduct enforcement proceedings
in the United States Courts.
The text of the Act stpulates that the mini
mum wage rate shall be 25 cents an hour for the
first year, 80 cents an hour for the second year
with the minimum of 40 cents an hour reached by
lat least the end of the seventh year. 1t seems to
be clear, however, from close reading of the text
that neither the industry committees, which may
be appointed Immediately, nor the Administrator
are limited to any minimum below the 40 cents
per hour. That is to say, although the law estab-
fishes a minimum of 25 cents an hour for the first
year, the Administrator raise that minimum to
'3O, 35 40 cents an hour at any time during the
first year or thereafter if the industry committee
of any industry, "having due regard to economic
and competitive conditions" recommends that
such an increase can be achieved without sub
stantia curtailment of employment in the indus
I try.
This Interpretation of the Administrators
'Ipower to increase minimum wage rates to the AZ
cent limit long before the end of seven years stip
ulated by the provision of the Act is affirmed by
the United States News, edited by David Law
renee, anti-labor columnist, nationally known fo
), his opposition to legislation beneftting working
men and women. In queston-and answer an
alysis of the functions of the Administrator in th
connection the United States News says:
n, "Does all this mean that the Administrator
: may move at once to establish a minimum wage
standard above 25 cents an hour and up to Al
cents an hour?
, Indeed it does. No limitation other than tha
o of formal procedure and consideration of economi
consequences, is placed upon the speed with whicl
the Accent level might be reached"
1t will be recalled that the American Fedora
= tion of Labor Wages and Hours Bill definitely dc
clared in favor of an immediate national and ilrC
j., ducible minimum wage of 40 cents an hour. Ev
1Identy the authority of the Administrator of tn
Act makes it possible to realize this minimum lon
. before the end of the seven-year period set fort
in the Act itself.