The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-06-22

Washington, D. C.-There is con-
siderable speculation in Washington as
to whether Congress will include in the
Emergency Relief Appropriation Act
for 1889 the provision in the 1888 Act
fixing the rates of pay for WPA work.
ers or amend the Act either to con-
form with or overrule the interpreta-
ton placed on it by WPA Admins
traitor Harrington and Attorney Cen
eral Murphy.
The 1898 statute declares that the
rates of pay for persons employed on
WPA projects shall not be less than
the prevailing rates of pay for work
of a similar nature in the same local
ity, with the proviso that when rates
of pay are established under author
ity of the Fair Labor Standards Act
of 1888 not less than the minimum
rates so established shall be paid to
persons in similar occupations in the
same locality employed on WPA prof.
ects.
Mr.. Harrington ruled that the
Works Progress Administration is not
required to pay the minimum wage
rates stipulated by the Fair Labor
Standards Act of 1898 except to those
classes of workers who would be en-
titled to the rates if they were per-
forming the same service in private
industry. Attorney General Murphy
upheld the position taken by Mr.. Har-
rington as to the status of relief work
ers in connection with the provisions
of the Fair Labor Standards Act.
Colonel Harrington raised the point
that debates in Congress on the WPA
and the PWA Appropriation Acts for
1888 revealed that some Congressman
held the view that the minimum wage
of rs cents an hour imposed under the
Wages and Hours Law would be ap-
plicable on relief projects. This in
ference was drawn from the provision
that mot less than the minimum rates
of pay so established (under the
Wages and Hours Act) shall be paid
to persons in similar occupations in the
same localities employed on projects
in the subsequent section of this title
Attorney General Murphy agreed
with Colonel Harrington.
"However," the Attorney Genera
said, "the statute actually provided
only that if minimum rates of pay
should be established for persons en-
ployed by private employers in any
occupation not less than such mini.
mum rates should be paid to persons
employed on projects of the Works
Progress Administration in similar oc
cupations in the same locality
"Since the Fair Labor Standard!
Wages and Hours) Act established
minimum wage only for employe:
engaged in commerce or in the pro
duction of goods for commerce and
furthermore, expressly provided IL
Section 1S for certain exemptions, i
appears to be an inescapable conclu
sion that the minimum wage OF q
cents per hour is not prescribed TO-
all possible classes Of workers EN-
ployed by the Works Progress Admin
istration any more than it is prescribet
for all classes of workers employed
by private industry"
After citing that this had been tn
Interpretation of the WPA Admins
traitor, and further reference to de
bates in Congress, Mr.. Murphy ende'
with this conclusion:
"Based upon the foregoing, it is m.
opinion that the Works Progress Ad
stopped by to inspect the highly-re
garded A. F. of l.. labor library. The
were entertained by Librarian Edit
Tx Mcmahon and Assistant Elois