Evening star., 1940-07-25
Executive Definition
By Wage-Hour Board
Raped al Hearing
Southern Group and
Movie Executives Voice
Strenuous Objection

StTenuOuS ODleCtiOn
Criticism of the Wage Hour
Board definition of the terms "ex-
ecutive" and administrator" was
voiced today by representatives of
Southern States Industrial Council
and of the Motion Picture Producers
and Distributors of America, Inc,
at a hearing today at the Willard
Hotel.
j. H. Ballew, counsel of the in
dustrial organization, centered his
fire on the inclusion of salaried Of
flee workers in the Wage-Hour Act.
BY the word administrative"
Congress clearly intended to exempt
salaried Office personnel, who form
the channel through which the "ex-
ecutive" exercises management of
q business, Mr.. Ballew insisted.
Says Terms Are Duplication.
Terming the definition of the
words executive and administrative
as duplication, Mr.. Ballew said that
an Interpretation of the Wage-and-
hour law to include salaried Office
personnel "is in effect legislation by
regulation and an extension of the
act into a field not contemplated
by Congress in seeking to alleviate
the condition of the wage Garner"
He explained that many salaried
Office workers are given vacations
and sick leave with pay, and, in
many instances, receive bonuses and
other special gratuities. In addition,
he pointed out that since promotions
to executive positions are made from
personnel who have devoted extra
time and effort to running the busi-
ness, the wage-and-hour regulation
fixing the number of hours they are
permitted to work would prevent
them from exercising this right to
prepare for promotion"
Referring to employees in banks
and related institutions, Mr.. Ballew
asserted that tasks of employees cam
not be adjusted to definite hourly
basis and that specialized workers
cannot be relieved by shift workers.
Criticises Newspaper Limitation.
Shifting his criticism to the hour
limitation in newspapers, he recalled
one instance where a photographer
was paid a sum largely in excess of
any statutory minimum and whose
overtime was considerably above his
regular salary.
THE assignment of this type of
employe to a fixed schedule presents
an impossible situation" he re-
marked.
In answer to a question by Harold
Stein, assistant director of the hear
ings branch of the Wage-Hour Divi-
sion, who presided at the hearing,
whether Mr.. Ballew's proposal of
redefinition of the terms "eXecu-
tive and administrative" would ex-
empt typists from the Wage Hour
Act. the witness said that it would.
Hardships worked on the motion
picture industry by the present def
milton of Executive" and admin
istrative" were described by Homer
I. Mitchell of Los Angeles, Calf,
who represented the Columbia Mo-
tion Picture Co., Inc; Samuel Gold
wyn, Inc; Loew's, Inc; Paramount,
Inc; Hal Roach, Inc; Twentieth
Century-Fox. Inc: Warner Bros,
Inc, and Universal Pictures, Inc.
Aims at Redefinition.
OF the average annual employ
ment in the motion picture industry
of 1880, Mr.. Mitchell said that
1873 were subject to the overtime
provisions of the Wage-Hour Act.
His aim at the hearing, he said, was
to propose a redefnition of the
terms executive" and "administra-
tive so that the status of the more
than 1000 workers whose exemption
from the act is disputed at present
may be cleared up.
In addition, he said that 5,33o
more employees would be exemrted
If his redefinition were approved by
&the board.
At present, he explained, actors,
electrical and mechanical engineers,
sound engineers, chemists, makeup
artists and other key people in the
industry, who are professional in
character, are affected by the act.
But almost all of these employees
are professionals and as such should
fall under the professional defini-
ton OF the act" he stated.
For instance, he said, the present
definition of professional is one
who is customarily engaged in work
which is largely original and crea-
tive in character and whose work is
based upon educational training in
a specially organized body of knowI-
edge.
Turning to the boards definition
of administrative" Mr.. Mitchell
pointed out many Of what he termed
"eXecutives" or administrators"
are not regularly in charge of any
department or division as is re-
quired by the Wage-Hour Board
definition, but these men are in
charge of small units over which
they have complete control and so
should be exempted from the hours
ror,,lof f;or