Evening star., 1938-10-23

claSSlncatlOnS, congress authorized tfe
wage-hour administrator to issue def
nitions and regulations. Although this
has been done during the past two
weeks it has become obvious that bor-
derline cases are too numerous and
too varied to permit of any compre-
hensive classifying. AS a result, re-
sponsibility for determining liability
under the law is to settle largely on
the employers and employees involved,
with the courts to be the final arbiters
il no agreement can be reached.
This circumstance, it may be noted,
has serious connotations in that en-
ployes may sue employers for unpaid
minimum wages or overtime compensa-
ton, plus an equal amount for dam
ages. In addition, the Government
may prosecute for violations, with q
maximum fine of $4,000 and six
months Imprisonment prescribed as
top penalty. Either employers or en-
ploye may obtain court review OF a
wage order.
In hope Of keeping the initial opera
ton Of the law free from the courts.
Administrator Andrews has appealed
to labor not to bring unjustified or
precipitate legal complaints and has
let it be known that the Government
does not intend to rush early violations
into court unless convinced they are
wtllfully committed.
Child Labor Regulated.
One of the most important sections
OF the law is that dealing with regu-
lation of child labor, the essence of it
being prohibition against shipment
of goods in interstate commerce II
produced in an establishment en-
ploying oppressive child labor" In
certain hazardous industries. en-
ployment of children under 1S is to
be oppressive" For other indus
tries. the age limit has been placed
at l6, and for all industries there
is an age limit of IA.
With regard to applicability Of the
law, the administrator pointed out
during the past week that the Dis
trict of Columbia is subject only to
the same degree as the States since
Congress did not, as it might have.
exercise its authority over both local
and interstate commerce In the Dis
trict and the territories.
Seeking to have all major rules of
conduct promulgated and in circula-
tion before the law becomes effective
although thousands of particular in
quiries must 60 unanswered tempo
rarily-the administrator yesterday
issued regulations on the important
question of record-keeping by en-
ployers.
Emphasizing from the beginning
that he hoped to avoid burdening en-
ployers with any complicated REQUIRE
ment of record-keeping, Mr.. Andrews
outlined what information would be
needed and gave employers free choice
as to the manner in which they meet
the requirements. The information.
incidentally, need not be forwarded
to Washington, but is to be kept avail
able on the employers premises.
List of Principal Facts.
Following are the principal facts
required:
Full name of the employe.
Home address.
Date Of birth if employe is under 19
Hours worked each work day and
each workweek
Regular rate Of pay and basis upon
which wages are paid.
Wages at regular rate Of paw for
each workweek. excluding extra COM
pensation attributable to the excess of
the overtime rate over the regular rate.
Extra wages for each workweek
attributable to the excess of the over
time rate over the regular rate.
Additions to cash wages at cost. or
deductions from stipulated wages in
the amount deducted or at the cost
of the item for which deduction is
made, whichever is less.
Total wages paid for each work
week.
Date Of payment.
Ofices to Be Set Up.
To inspect the records, as may be
considered necessary, and to attend
to other problems of enforcement, the
Wage Hour Division eventually will
set up IL regional Offices throughout
the country. In addition. State De-
partments Of Labor are being asked to-
extend material assistance and the
Children's Bureau of the Labor De-
partment will administer the child la
Dor provisions.
Lack of funds-the 100000 pro-
vided by Congress having been made
quate-has prevented establishment Of
the regional offices, although tempor-
ary ones are being set up In San Fran.
cisco, Chicago and Boston.