Evening star., 1938-09-07
WAGE ACT HOURS
/. RULES DISCUSSED
Provisions for Length of
Work Day and Week
Are Explained.

Al Z CApldlIlcus
This Is another in series OF
articles shouting the nature OF the
questions concerning the neD labor
standards l1D Which are pouring
by hundreds into the office OF Ad-
ministrdtor Elmer F. Andrews OF
the pdoe and hour dirision In
the first, the Associated Press pre-
sented questions and best available
dnsUers concerning the wdge as
poets OF the ldD and exemptions.
Hours are discussed today.
b. the Associated Press.
What employees are affected by the
hours provisions of the law?
AS explained more particularly in
the previous article. all employees ex-
cept those in bona fide executive, ad-
ministrative. professional or local re-
failing capacities and those in such
exempted fields as that of common
carriers, fisheries, agriculture and
small newspapers. Individual learn
ers, apprentices, messengers and han
dicapped workers may also be ex-
empted by the administrator.
What will be the maximum hours
Of employees affected by the new labor
standards law?
For the first year, A hours weekly;
for the second, ~ hours; thereafter,
20 hours.
Are these. like wages, subject to ex-
emptions to be recommended by in
dustry committees?
No. An industry committee may
give the administrator advice to guide
him in prescribing necessary rules and
regulatio but its duties under the
law are limited to the matter of min
imum wages.
Time and Half for Overtime.
What happens if an employer works
an employe more than the number Of
hours specified in the law?
He shall compensate the employe for
such overtime work at one and one
half times the regular rate for his
services
Must such compensation be in
money?
The point has not yet been deter
mined. Since meals may be consid-
cred part of the compensation Of a
waitress, it may be determined that
the word compensation covers money
or its definite equivalent. It may be
determined that time off duty cat the
time and one-half rate) is satisfac-
tory compensation. These interpre-
tations have been suggested to the
administrator but neither accepted nor
rejected.
When does overtime begin?
The law provides merely that no
employe shall be employed for "a
work-week longer than the specified
number Of hours. Presumably during
the first year, overtime begins after
~ hours have been worked but the
administrator has given no opinion.
How many hours a day or days per
week may an employe work without
accommodating overtime?
On this point the law is silent and
the administrator has given no
opinion
Is there any provision permitting
temporarily longer hours in emergency
or rush periods?
Yes, if the nexibility is arrived at
In collective bargaining The law pro-
vides that no employer shall be deemed
to have violated the work-week pro-
vision II he Is observing an agreement,
made as q result Of collective bargain
ing approved by the National Labor
Relations Board. which provides no
employe shall work more than 1000
hours in rs consecutive weeks, or
1000 hours in 50 consecutive weeks
Even in these cases, however, an en-
ployer cannot work an employe more
than IL hours in any work day or 56
hours in any work week without pay
ing overtime
Is not that provision tantamount to
approval Of the principle of compen-
sating for overtime with leaves on pay
or extended vacations?
That is one of the nice questions
which the administrator may refer to
his legal staff when fully under way;
he Is not answering it now
Altering of Standards.
May the administrator alter the hour
standards in any way?
He has limited discretion to provide
exemptions due to his power to define
what constitutes IAN area of produc-
ton" or seasonal industry"
What connection does AREA of pro-
duction" have with working hours?
The law exempts employers engaged
In the seasonal first processing, within
the area of production, of any agri-
cultural or horticultural commodity.
How does the law apply to seasonal
industries?
The administrator may find an in
dustry to be of seasonal nature, in
which case employers in that industry
may employ workers on a basis of
, longer hours. providing no such work.
er is so employed more than IA work.
weeks in the aggregate in any calen-
dar year. But the longer hours per-
mitted must not exceed Sc in any
D.. work-week or IL in any work-day.
, What is the penalty for willful vio-
= iations of the labor standards law?
y A fine (maximum, 100000 or i'm
prisonment maximum, months. or
both. but no person may be impris-
oned for a first offense.