Montana labor news., 1938-07-21

such section or of any regulation or
order, hereunder, knowing such
statement, report, Oh record to be
false in a material respect.
(b) For the purposes of subsection
(a) ID proof that any employee was
employed in any place of employ
ment where goods shipped or sold
in commerce were produced, within
ninety days prior to the removal of
the goods from such place of en-
ployment, shall be prima facie evil
dence that such employee was en-
gagged in the production of such
goods.
Penalties
Section 16 (a). Any person who
willfully violates any of the provi-
sions of section Is shall upon con-
viction thereof be subject to a fine
of not mor than $4,000, or to i'm
prisonment for not more than six
months, or both. No person shall be
imprisoned under this subsection ex-
cept for an offense committed after
the conviction of such person for a
prior offense under this subsection.
(b) Any employer who violates
the provisions of section 6 of this
act shall be liable to the employee
or employees affected in the amount,
as determined by the administrator,
of their unpaid minimum wages OF
their unpaid compensation as the
case may be and in an additional
amount as l~iquidated damages. Ac-
ton to recover such liability may be
maintained in any court of compe-
tent jurisdiction by any one OF more
employees for and in behalf of him
self or themselves and other en-
ployees similarly situated or such
employee or employees may desig-
nate an agent or representative to
maintain such action for and in be-
half of all employees similarly stu
ated. The court in such action shall,
in addition to any judgment awarded
to the plaintiff II plaintiffs, allow a
reasonable attorneys fee to be paid
by the defendant and costs of the
action.
Injunction Proceedings
Section II. The district courts of
the United States and the United
States courts of the territories and
possessions shall have jurisdiction,
for cause shown, and subject to the
provisions Of section 20 (relating to
notice of opposite party) of the act
entitled can Act to Supplement
Existing Laws Against Unlawful Re-
straints and Monopolies, and for
Other Purposes" approved October
Is, 1914, as amended (U. S. c., 1884
edition, title, section 381), to restrain
violations of section Is.
Relation to Other Laws
Section 18. No provision of this
act or of any order hereunder shall
excuse noncompliance with any fed
eral or state law or municipal ordi-
nance establishing a minimum wage
higher than the minimum wage es-
tablished under this act or a maxi
mum work week lower than the
maximum work week established
under this act, and no provision of
this act relating to the employment
of child labor shall justify noncom-
pliance with any federal or state law
or municipal ordinance establishing
a higher standard than the standard
established under this act. No pro-
vision Of this act shall justify any
employer in reducing a wage paid
by him which is in excess of the
applicable minimum wage under this
act, or justify any employer in in
creasing hours of employment main
tanned by him which are shorter than
the maximum hours applicable UNI
der this act.
~Separability of Provisions
Section 10. If any provision of
this act or the application of such
provision to any person or circum-
stance is held invalid, the remainder
Of the act and the application of such
provision to other persons or cir
cumstances shall not be affected
tbarabv