Evening star., 1947-05-14


safeguards which are contained IN
these sections. The employer must
meet m objective test Of actual
conformity with an administrative
ruling or policy. II the employer
ayails himself Of the defense under
these sections, he must bear the
burden Of proof. He must show that
there was Affirmative action by an
administrative agency and that ne
relied upon and conformed with
such action. He must show further
that he acted in good faith In rely
ing upon that administrative action.
Section II OF the act gives the
court discretionary authority to
waive liquidated damages. Under
the language Of the section. how
ever. 1t continues to be the duty
of the court to award liquidated
damages unless convinced that the
employer has, In, good faith, sought
to comply with his obligations under
the act. I do not believe this sec
ton win be used to permit employers
to engage in violation Of the law
with impunity.
I am aware that this act intro
duces new and possibly ambiguous
language, the effects OF which can
be accurately measured only after
Interpretation by the courts. ! have
therefore instructed the Secretary
of Labor to keep me currently IN
formed as to the effects Of this act
upon the preservation OF wage and
hour standards. II those effects
prove to be detrimental to the main
tenance of fair labor standards for
our workers, / shall request the
Congress to take prompt remedial
action.
Additional Funds Required.
The enactment OF H. r. 2157 makes
additional appropriations
for the administration and enforce
ment OF the wage and hour laws.
The two-year statute of limitations
under this act will in most cases
substantially reduce the period OF
time within which workers claims
may be asserted under the wage and
hour laws. 1t will be necessary,
therefore, to augment the Govern
ment's program Of inspection and
enforcement in order to detect vio-
lations early enough to protect
workers from undue losses, Other
provisions of the act also place ad-
ditional responsibilities upon the De-
partment of Labor. shall submit
estimates to the Congress for the
necessary appropriations.
Prior to it's adjournment last year,
the Congress had reached large
measure of agreement as to legis-
lation to increase minimum wage
standards. I trust that with the
passage of the Portal-to-Portal Act,
relieving the business community OF
q heavy burden of doubt, the Con-
gresS will now turn to re-examina-
tion of minimum wage standards.
In enacting the Fair Labor
Standards Act of 1898. the Congress
declared 1t to be our national policy
to eliminate labor conditions "detri-
mental to the maintenance of the
minimum standard Of living neces-
sary for health, efficiency, and gen.
eral well-being Of workers" 1t
has become increasingly evident
that the minimum wage of 40 cents
an hour established by that act Il
far from adequate to meet that ma
tional policy. I am convinced that
immediate amendment of the act
to provide a minimum OF satelsast g
cents an hour is necessary. N ad-
dition, minimum wage beneflta
should be extended to many per-
sons not now protected by the law
as have recommended in previoW
messages to the Congress
recommend that the Congress
take action upon these matters
now.