The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-08-10
SOME WHO ARE EXEMPTED

This is the second of a series of six
articles explaining the Fair Labor
Standards Act prepared for the Pot
ters Herald by the Information Branch
Of the Wage and Hour Division, United
States Department of Labor.
Since the Fair Labor Standards Act
applies only to employees engaged in
interstate commerce or the production
of goods for interstate commerce, en-
ployers who can show that the func-
tions of their employees are wholly in
trastate in character are entirely ex-
cluded from its provisions.
In addition, specific wage and hour
exemptions are granted to certain en-
ployes, including agricultural work
ers, seamen, employees employed in an
executive, administrative or profess
ional capacity; outside statesmen; fish
ermen, employees of retail stores and
Of certain small weekly or semi-week
ly newspapers, employees employed
within the "area Of production" IL
handling, storing, packing, ginning,
compressing, pasteurizing, drying, pre-
pairing in their raw or natural state, or
canning of horticultural or agricul-
tural commodities for market or in
making cheese or butter or other dairy
products. Certain employees of certain
common carriers are given an overtime
exemption only, being left subject to
the minimum wage provisions of the
A.. 9th Ortiz
exceptions, some for only part of the
year and others for the whole year.
While the law extends its protection
over workers employed in interstate
commerce, it does not itself define the
exact limits of interstate commerce.
In enforcing the law the Administra
tor is guided by such definitions as
can be construed from decisions of the
courts.
Any worker who wishes to know
whether or not he is covered and re-
ceiving all the benefits of the Act to
which he is entitled will first make
sure that he is not in any one Of the
exempted categories, for example, that
he is not an executive, or employed
as a professional worker, such as a
certified public accountant or graduate
electrical engineer If he is employed
in a factory he will have to know
whether the goods he helps to manu-
facture are shipped outside the state
by his employer or purchaser from
his employer.
After allowing for all exemptions, it
is estimated that 100000 workers
are covered. Of these it is calculated
that 794 COO are employed in Ohio.
Labor union contracts with employ
ers are not affected by the law, un
less they prescribe lower wage and
hour standards. A union contract, for
example, could not set up minimum
wage of 20 cents an hour and maxi
mum workweek of AZ hours without
payment Of overtime.
There are two types of labor union
contracts, however, which permit some
leeway as to hours. If the employer
has contract signed with the union
which provides that no employe shall
be employed more than 1000 hours
during any period of 26 consecutive
weeks, or if he has a contract guar
anteeing either a fixed annual wage
or annual employment and providing
that no employe shall be employed
more than 1900 hours during any
period of so consecutive weeks, then
the men can work longer than Al
hours In any one workWeek (but not
more than II hours day or Sc hours
week. without being entitled to
overtime pay. To be valid, however,
such contracts must have been made
as result of collective bargaining by
representatives of the employees GER
titled as bona fide by the National La
Dor Relations Board.
Otherwise, no averaging" of hours
from week to week is permissible Any
overtime in any workweek must be