Evening star., 1940-03-19
Star Staff Photo.

! tinct advantage to employees and
employers alike if you were to dis
close these policies in as much detail
as possible?
Col. Fleming-I am sure it would.
And I shall be glad to do so right
here. But in order that a discussion
of administrative policies in con-
nection with the act be ineligible,
wouldn't it be wise first to make
brief survey of the fundamentals of
the act?
Question-I'm sure it would.
Col. Fleming-Well, it provides
| that workers engaged In interstate
commerce or the production of
! goods for interstate commerce must
be paid at least a certain wage. The
minimum is now 80 cents an hour.
An employe covered by the act
and working more than AZ hours
week must be paid at least one
and-a-half times his regular rate
of pay. About these provisions
which I believe are generally &C
ceptable to employers and employees
alike-there can be no adminiStra-
tive problems. They are hard and
fast provisions and it's squarely up
to the division to see that they. are
complied with. On the other hand,
there are certain rules and defini-
tions left to the discretion of the
administrator.
Question-Would you mind giving
us some specific examples, colonel?
Definitions to be Supplied.
Col. Fleming-Not at all. For ex-
ample, administrative, executive and
professional workers are exempt
from provisions of the act. Just
what is an administrative or an
executive or professional worker?
Congress left it to the administrator
to provide definition. Certain in
dustries of a seasonal nature are
granted limited exemptions under
the act. When is an industry sea-
sonal within the intent of Congress?
That's another definition left to
the administrator. There are, of
course, many others.
Question-At first blush doesn't
that seem to be rather delicate
subject to deal with?
Col. Fleming-As an administrator
I can conceive of but one guide to
follow-that is the intent of the
legislators who wrote the law
Question-I'm sure that few will
quarrel with the logic of that ap-
proach.
Col. Fleming-Well, as I said
moment ago, I am faced with the
necessity of interpreting and defin-
ing rules and conditions of the act
which the Congress has left to the
discretion of the administrator. 1t
is my clear duty, then, to determine
the intention of the Congress to the
| limit of the ability of my staff and
myself, and under such determina-
tion make interpretations and def
nitions within the normal channels
of trade and interstate commerce
as will create the least uncertainty
within the industry and the least
possibility Of reduced employment.
Question-Speaking of interpreta-
| tions, rules and definitions, colonel,
I have heard this criticism of the
Wage and Hour Division-that by
these administrative devices the di-
vision has extended coverage beyond
the intent of Congress. May I ask
your policy on the subject of cover
age?
Col. Fleming-I conceive it to be
my duty neither to attempt to extend
coverage nor to limit coverage under
the act. In fact, no such power is
vested in the administrator under
the law. 1t is my duty, rather, to
determine to the best of my ability
to what employees it was the intent
OF Congress to extend the provisions
of this legislation.
Interpreting Interstate"
Question-The concept of what
constitutes interstate commerce is a
constantly growing one. So it seems
that this determination might fire.
quently be difficult.
Col. Fleming-Be that as it may,
the difficulty may not always-may
even infrequently- depend on what
the courts hold to be interstate
commerce. Take the question of
exemptions for example, and here is
concrete case-the act exempts
from its hours limitations those
engaged in handling, slaughtering
or dressing poultry or livestock"
We contend that elevator operators,
truck drivers and like employees
about packing plant are not han