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(c) “State” means any State of the United States or the District of Columbia or any Territory.
(d) “Employer" includes any person acting directly or indirectly in the interest of an employer in relation to employee but shall not include the Únited States or any State or political subdivision of a State, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
(e) “Employee” includes any individual employed or suffered or permitted to work by an employer.
(f) “Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, foxes, or poultry, and any practices performed by a farmer or on a farm as an incident to such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
(g) "Employee employed in agriculture” includes individuals employed within the area of production engaged in storing for the farmer, preparing (but not commercial processing), or packing agricultural or horticultural commodities in their raw, natural, or dried state, but does not include employees of transportation contractors engaged in transportation of farm products from farm to market.
(b) “Employ" includes to suffer or permit to work.
(i) “Industry" means a trade, business, industry, or branch thereof, or group of industries, in which individuals are gainfully employed.
(j) “Industry affecting commerce” means an industry with respect to which an order issued under section 6 is in effect.
(k) “Employer engaged in commerce” means an employer in commerce, or an employer engaged, in the ordinary course of business, in purchasing or selling goods in commerce.
(1) "Secretary” means the Secretary of Labor. (m) "Oppressive child labor” means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining) in any occupation; or (2) any such employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Chief of the Children's Bureau in the Department of Labor shall from time to time find and by order declare to be particularly hazardous for the employment of such children or detrimental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file a certificate issued and held pursuant to the regulation of the Chief of the Children's Bureau certifying that such person is above the oppressive childlabor age. The Chief of the Children's Bureau shall provide by regulation or by order that the employment of employees of the age of fourteen but under the age of sixteen years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Chief of the Children's Bureau determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being.
SEC. 4. Every employer engaged in commerce in any industry affecting commerce shall, during the first three hundred and sixty-five days from the effective date of the original order issued under section 6 with respect to such industry, pay each employee employed by him a wage at a rate not less than 25 cents per hour, and during each succeeding three-hundred-and-sixty-five-day period pay each employee employed by him a wage at a rate not less than the rate applicable under this section during the immediately preceding period increased by 5 cents per hour; except that no provision of this Act shall require any such employer to pay a wage at a rate in excess of 40 cents per hour.
Sec. 5. No employer engaged in commerce in any industry affecting commerce shall employ any of his employees for a workday longer than eight hours, or shall during the first three hundred and sixty-five days from the effective date of the original order issued under section 6 with respect to such industry, employ any of his employees for a workweek longer than forty-four hours, or during any suoceeding three-hundred-and-sixty-five-day period employ any of his employees for a workweek longer than that applicable under this section during the immediately preceding period reduced by two hours; except that no provision of this Act shall require the maintenance by any such employer of a workweek shorter than forty hours. No employee shall be deemed to be employed in violation of this section if he receives additional compensation for his overtime employment at the rate of one and one-half times the regular hourly rate at which he is employed, or times the rate applicable under or pursuant to this Act, whichever is higher.
INDUSTRIES AFFECTING COMMERCE SEC. 6. The Secretary, as soon as practicable after the effective date of this section, shall, after due notice to interested persons and giving them an opportunity to be heard, determine the relation of the various industries to commerce. If, in the case of any industry, the Secretary finds (a) that the activities of such industry are Nation-wide in their scope, or (b) that such industry is dependent for its existence upon substantial purchases or sales of goods in commerce and upon transportation in commerce, or (c) that the relation of such industry to commerce is in other respects close and substantial, the Secretary shall issue an order declaring such industry to be an industry affecting commerce. Such order shall take effect at such time not more than one hundred and twenty days after it is issued as the Secretary may designate in the order. An order issued under this section shall be modified or revoked whenever the Secretary finds, after due notice to interested persons and giving them an opportunity to be heard, that the facts so require. The testimony upon any hearing provided for in this section shall be reduced to writing and filed with the Secretary.
ATTENDANCE OF WITNESSES
Sec. 7. For the purpose of any hearing provided for in section 6 of this Act, the provisions of sections 9 and 10 (relating to the attendance of witnesses and the production of books, papers, and documents) of the Federal Trade Commission Act of September 16, 1914, as amended (U. S. C., 1934 edition, title 15, secs. 49 and 50), are hereby made applicable to the jurisdiction, powers, and duties of the Secretary.
COURT REVIEW OF ORDERS
Sec. 8. Any person aggrieved by an order issued under section 6 may at any time obtain a review of such order by filing in the circuit court of appeals for the circuit in which is situated his principal place of business, or in the Court of Appeals of the United States for the District of Columbia, a written petitio: praying that such order be modified or set aside in whole or in part. A copy of such petition shall forthwith be served on the Secretary, and thereupon the Secretary shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, or if it is not in accordance with law to modify or set aside, such order in whole or in part. The judgment or decree of the court shall be final subject to review as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., 1934 edition, title 28, secs. 346 and 347). The commencement of proceedings under this subsection shall not, unless specifically ordered by the court, operate as a stay of the Secretary's order.
INVESTIGATIONS, INSPECTIONS, AND RECORDS Sec. 9. (a) The Secretary or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this Act, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this Act, or which may aid in the enforcement of the provisions of this Act. Except as provided in section 10 the Secretary shall utilize the Bureau of Labor Statistics of the Department of Labor for all the investigations and inspections necessary under this section.
(b) With the consent and cooperation of State agencies charged with the administration of State labor laws, the Secretary may, for the purpose of carrying out the provisions of this Act, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes.
(C) Every employer subject to any provision of this Act or of any order shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Secretary as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this Act or the regulations or orders thereunder.
CHILD LABOR PROVISIONS
Sec. 10. (a) No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution.
(b) No employer engaged in commerce in any industry affecting commerce shall employ any employee under any oppressive child labor condition.
(c) The Chief of the Children's Bureau in the Department of Labor, or any of his authorized representatives, shall make all investigations and inspections under section 9 (a) with respect to the employment of minors and bring all actions under section 15 to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this Act relating to oppressive child labor.
SEC. 11 (a) The provisions of sections 4 and 5 shall not apply to (1) any em. ployee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Secretary); or (2) any employee employed as a seaman; or (3) any employee of an employer subject to the provisions of Part I of the Interstate Commerce Act; or (4) any air transport employee subject to the provisions of title II of the Railway Labor Act; or (5) any employee employed in the taking of fish, sea foods, or sponges; or (6) any employee employed in agriculture; or (7) any employee to the extent that such employee is exempted by regulations or orders of the Secretary issued under section 12.
(b) The provisions of section 5 shall not apply to any employee with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935.
(c) The provisions of section 10 shall not apply to any employee employed in agriculture.
LEARNERS, APPRENTICES, AND HANDICAPPED WORKERS Sec. 12. The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for (a) the employment of learners, and of apprentices under special certificates as issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 4 and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe, and (b) the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, under special certificates to be issued by the Secretary, at such wages lower than the minimum wage applicable under section 4 and or such peri » i as shall be fixed in such certificates.
Sec. 13. (a) It shall be unlawful for any person
(1) to violate any of the provisions of section 4 or section 5, or any of the provisions of any regulation or order of the Secretary issued under section 12;
(2) to transport, ofier for transportation, ship, deliver, or sell in commerce, ar to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 4 or section 5, or in violation of any regulation or order of the Secretary issued under section 12; except that no provision of this Act shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this Act shall excuse any common carrier from its obligation to accept any goods for transportation;
(3) to willfully discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding;
(4) to violate any of the provisions of section 10;
(5) to violate any of the provisions of section 9 (c), or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or
record to be false in a material respect. (b) For the purposes of subsection (a) (2) proof that any employee was employed in violation of section 4 or 5, or in violation of any regulation or order of the Secretary issued under section 12, in any place of employment where goods were produced, within ninety days prior to the removal of the goods therefrom, shall be prima facie evidence that the goods were produced by such employee.
PENALTIES Sec. 14. Any person who violates any of the provisions of section 13 shall upon conviction thereof be subject to a fine of not more than $500, or to imprisonment for not more than six months, or both.
SEC. 15. The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., 1934 edition, title 28, sec. 381), to restrain violations of section 13.
RELATION TO OTHER LAWS
Sec. 16. No provision of this Act or of any order thereunder shall justify noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this Act or a maximum workday or workweek lower than the maximum workday or workweek established under this Act, and no provision of this Act relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this Act.
SEPARABILITY OF PROVISIONS Sec. 17. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 18. No order under section 6 shall take effect prior to one hundred and twenty days after the enactment of this Act.
In May of 1937 the President sent to Congress a message urging the passage of legislation to raise the wages and shorten the working hours of the underprivileged of our country. Less than a week ago he reiterated the hope that Congress would enact such legislation.
H. Repts., 75–3, vol. 2
The need for its enactment during the present session of Congress is urgent. In the last few months there has occurred an alarmingly sharp decline in business activity. With that decline have come the inevitable wage cuts which the great mass of American businessmen so deplore but are powerless to prevent. These businessmen know that wage cutting sets in motion a vicious spiral of deflation which, if allowed to gather sufficient strength, may threaten the foundations of government itself.
The Federal Government cannot and should not attempt to regulate the wages of all wage earners throughout the United States. But the Federal Government cannot by its inaction permit the channels of commerce to be used to set this spiral of deflation in motion. It cannot and should not permit our great interstate industries to become engulfed. It cannot in silence see the channels of commerce used to spread suffering and destitution.
During the last few years unprecedented demands have been made both upon the Federal Government and upon State and local governments for relief and work relief. Unless the wages paid by private employers are sufficient to maintain the bare cost of living, such demands will necessarily continue. The payment of oppressive wages is not only detrimental to interstate commerce and to the health and well-being of employees of employers engaged in interstate commerce, but also casts a direct burden for the support of such employees upon Government. Government cannot indefinitely provide what is in effect a subsidy for such employers--a subsidy made necessary by the inability of the great majority of such employers to maintain fair labor standard.3 in the face of wage cuts by chiseling competitors.
The committee amendment will go far in remedying the situation. It establishes a floor for wages, and a ceiling for hours, and abolishes child labor. It provides for gradual automatic increases in wages and gradual automatic decreases in hours in order not to cause severe economic dislocations. At the end of 3 years the minimum wage, which employers with respect to whom Congress may exercise its legislative power must maintain, will be $16 a week. It is to be hoped that within that time the several States will adopt similar if not higher standards for employers within their jurisdiction.
The establishment of fair labor standards in industries which affect interstate commerce is not a partisan issue. Since 1932 the two great political parties have advocated the principle of minimum wages, maximum hours, and the abolition of child labor. There have, to be sure, been differences with respect to the method of reaching tnis very desirable objective. Some of these differences have become less important since the Supreme Court passed on the constitutionality of the National Labor Relations Act, and thus confirmed the power of Congress to exercise its commerce power to the fullest extent. Others have become still less important by reason of the provisions of the amendment which the committee has reported. The amendinent does not seek to create any new administrative body, because its provisions are not of a nature to require continuous administration and supervision. The wages and bours prescribed apply nationally in each particular industry. There are to be no differentials either between sections of the United States, between industries, or between employers. No employer in any part of the United States in any industry affecting interstate commerce need fear that he will be required by law to ob