Evening star., 1940-03-19

Col. Fleming-When the employer
or employe has presented his case,
he Is entitled to a definite answer to
his problem as far as enforcement
policy is concerned. There may be
no definite answer to his problem
from a purely legal point of view
until competent court has ruled on
the legal question involved. Never
theless, he is entitled to know what
are the intentions of the division
toward him in the particular cir
cumstances which he presents.
Question-If there is no definite
answer from a legal point of view,
why any answer at all, colonel?
Thousands of Inquiries.
Col. Fleming-The division has
issued such answers chiefly in the
form of what we call interpretative
bulletins. Not to have done so
would have caused no end of con-
fusion to businessmen throughout
the country. A few weeks after the
act went into effect tens of thou
sands of inquiries about coverage
alone had reached the headquarters
OF the Wage and Hour Division.
There was only one alternative to
answering these questions to the
best of the divisions ability. It
could have told the employers that
only the courts could answer them
and that they had better consult
their lawyers.
Question-It seems to be only de-
cent for the division at least to let
businessmen know what policy would
guide it in the enforcement of the
laW-until court might say other
wise.
Col. Fleming-Not merely the only
decent thing but the only practical
thing to have done from an admin
istrative standpoint.
Question-Do you intend to con-
tlnue to issue these interpretati tions?
Col. Fleming-We not only intend
to continue to issue them but to
speed up the process. 1 hope before
long to let every major business in
the country know as definitely as
legal limitations will permit whether
or not We consider their employees
covered by the act. To some we
will say, I'VE know you're covered
and we will see your employees re-
celVe the benefits of the act" To
others we will say. "Although we are
not sure, we believe you are covered
and we are going to present cases
OF violations to the courts To the
third class of employers we will say.
We doubt if you're covered and in
your case we are going to take no
administrative action until the
courts tell us you are"
But whenever we do say this, we
are going to issue very grave warn
ing.
Question-And what is that going
to be?
Opinion May Be Wrong.
Col. Fleming-We are under mo-
raj obligation to warn that we are
merely offering an opinion; that
this opinion may be wrong. And
II 1t Is wrong it doesn't protect the
employer against employe suits.
Question-Will you explain suits.
please, Col. Fleming?
Col. Fleming-Certainly. If an
employe believes he has not re-
ceived full benefits under the act
he may bring suit against his en-
ployer. II the suit is successful the
court must award the employe
Judgment equal to the amount of
illegally withheld wages, damages to
the same amount and a reasonable
attorneys fee.
Question-A pretty stiff penalty.
Have many employees brought such
suits?
Col. Fleming-They have not been
infrequent. Recently, five section
hands brought such a suit against
a large Southern railroad. They re-
ceWed a favorable decision. One
interesting claim which the en-
ployes sustained in court was that
they had been assigned houses by
the railroad, which in fact, some
times proved to be non-existent. The
Wage and Hour Division Joined the
suit. The court sustained the con-
stitutionality of the act and also
the administrator rulings involved
in the case.
Question: am sure, Col. Fleming.
you have convinced us all that you
will search out the intent of Con-
gress and carry it out with fairness
toward all in your enforcement of
the Fair Labor Standards Act, but
you have given me the impression
that all this is a rather serious
business.
Col. Fleming-It is. When you
have the grave responsibility of af-
fecting the economic well-being of
more than 100000 workers and
hundreds of thousands of employers,
it must, of necessity, be a serious
business.
Question-But even at that you
must have your lighter moments?
Taxes for Bob
Col Fleming-Oh, yes. Once in
awhile our inspectors come across
something less weighty and pass
the smile along to us. For example
in one Tennessee plant they found
a record of SIT less II cents for
social security taxes paid to John
Ford and Bob" Puzzled by such
an entry, they made inquiry and
found that Bob was mule. Ford
gets 10 cents an hour for the use
of Bob,' the inspector was told. Of
course, it is none of our business,
but We are wondering at what age
Bob may look forward to retirement
on social security annuity-65 years
is a ripe old age even for an Army
mule.
Question-Just one more question
before we close. Rumors have crept
about lately that you intended to
| Iuhfor,