Evening star., 1940-03-19
Col. Fleming Tells
Of Wage-Hour
Policy in Forum Talk
Administrator Declares
Enforcement to Be
Uniform and Routine
Continued From Page B-6.)

the strangest restitution case of all
originated with an employe.
QueStion-With an employe?
Col. Fleming-Yes, that's right. A
porter lodged noncompliance
charge against his employer. 1t was
based on a misstatement of facts.
The porter had acknowledged this
after 1t had been easily discovered
by an inspector, whereupon this en-
ploye became greatly frightened He
pleaded for permission to make res
titution to the Government to pay
for the cost of the inspection.
Question: suppose his employer
was quite happy about that turn of
events. But before we take up an
other phase of the law, I would like
to have you tell us something about
the attitude of those employers who
are forced to make restitution.
Not All Resentful.
Col. Flemlng-It is obvious that
many employers forced to make res
titutlon would be bitterly resentful,
but that emotion is by no means
universal. There's Fred's employer,
you remember. And 1 have still a
better example. Not long ago a
case arose in Midwest distributing
and manufacturing center. A man.
ufacturer of barber supplies agreed
to make restitution of ST 800 in back
wages. The company is one of the
largest of its kind in the United
States. 1t may seem strange, but
after the payment was made, Off
Clals of the company said they were
willing to shout the praises of the
Fair Labor Standards Act from the
housetops.
Question-Isnt that rather ex-
has just required one to pay an
additional $1,000 to ones employees?
Col. Fleming-Well. here is ex-
actly what the secretary of the
company had to say-Im quoting
him direct-"The inspection told us
lot about our bushes we didn't
know before. 1t showed up num-
ber of leaks in the production line
where time and energy and money
were being wasted Now we have
installed a time clock and revised
number of our practices so that
we know at any given moment ex-
actly where we stand The division
did us a great service" But he was
pretty firmly insistent that his COM
petitors be brought in line. Which
brings me to another enforcement
policy.
Question-And it iS-?
Col. Fleming-It's this. I said a
moment ago I intend to permit en-
ployers not Willfully in violation to
make voluntary restitution. How
ever, where a violation is wilful or
malicious or where compliance is
not obtained within a reasonable
time. I intend to refer the viola
ton to our attorneys for civil or
criminal litigation under the terms
of the statute. The matter will not
rest there. The resulting court or
ders for restitution and compliance
/ intend shall be enforced by con-
tinued inspection of the establish
ment in violation.
notwithstanding of enforce
ment-this is occasional criticism
that enforcement activities of the
division lean toward the interest of
the employe
Fairness to All.
Col Fleming-I see nothing in the
past or present history of the Wage
and Hour Administration to justify
such criticism. 1 think the divi-
sion has successfully operated under
the philosophy of fairness to all
whose economic fortunes are af-
fected by the act. The letter of the
law itself demands impartiality.
Take, for example, the provision for
industry committees
Question - Industry committees?
1t may be we'll to explain them
Col. Fleming-The act is designed
to reach as speedily as economically
feasible universal Accent mini
mum wage. One means of accom-
plishing this is through industry
committee action. These are ap-
pointed by the administrator. Sig
nificant from the standpoint of
fairness, these must be composed
equally of representatives of en-
ployers, employees and the public.
Question - Such membership
should guarantee impartiality, it
would seem.
Col. Fleming-Yes, that's the OBJ
1ect of this provision. The COM
mittee has an important task, and
it must act impartially. After a
careful study it must recommend
to the administrator the highest
wage up to 40 cents an hour which
1t believes compatible with the eco
nomic condition of its industry and
which will not curtail the oppor-
tunity for employment. The ad-
ministrator may put into effect the
recommended minimum hourly pay
by issuance of a wage order; he may
ask the committee to reconsider. or
may dissolve the committee and
appoint another one. He cannot
issue an order varying from the
recommendation of the committee,
however. The composition of this
committee - one third employers,
one-third employees and one-third
representatives of the public-seems
to be a potent safeguard against
bias.
QUESTIONABLE there other safe
guards either in your administrative
policy or the act itself against bias?
May Appeal to Administrator.
Col. Fleming-Yes, indeed. En-
phatically so. AS far as policy goes,
! want to express belief right here
that every employe and every en-
ployer whose interests are affected
by being within the purview of this
act has right to present his case
to the Wage and Hour Division, and
in the last analysis to appeal to
the administrator.
Question-Well, under such a