The Application of Minimum Wage in Agriculture: Hearing Before ..., 90-1, February 27, 1967

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Page 31 - ... is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment...
Page 9 - The Supreme Court has made it clear that there is no single rule or test for determining whether an Individual is an employee or an independent contractor, but that the "total situation controls
Page 42 - The reduction of inequality in earning capacity is the fundamental solution, and in a sense anything else is stopgap. Some stopgaps are useless and even counter-productive. People who lack the capacity to earn a decent living need to be helped, but they will not be helped by minimum wage laws, trade union wage pressures, or other devices which seek to compel employers to pay them more than their work is worth. The more likely outcome of such regulations is that the intended beneficiaries are not...
Page 29 - In general an employee, as distinguished from a person who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business which he serves. As an aid in assessing the total situation the Court mentioned some of the characteristics of the two classifications which should be considered. Among these are: The extent to which the services rendered are...
Page 36 - Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. (u) "Man-day" means any day during which an employee performs any agricultural labor for not less than one hour. (v) "Elementary school" means a day or residential school which provides elementary education, as determined under State law.
Page 17 - It will be made a part of the record at this point. (The document referred to follows :) From : Ray Hiller, World War II service-connected disabled veteran.
Page 42 - Women, teen-agers, Negroes and particularly Negro teen-agers will be especially hard hit. I am convinced that the minimum-wage law is the most antiNegro law on our statute books — in its effect not its intent. It is a tragic but undouubted legacy of the past — and one we must try to correct — that on the average Negroes have lower skills than whites. Similarly teen-agers are less skilled than older workers. Both Negroes and teen-agers are only made worse off by discouraging employers from hiring...
Page 35 - ... who performs custom work such as crop dusting or grain harvesting and threshing or sheepshearing. In the typical case this contractor has a substantial investment in equipment and his business decisions and judgments materially affect his opportunity for profit or loss. In the overall picture, the contractor is not following the usual path of an employee, but that of an independent contractor. For example: A sheepshearing contractor who operates in the following manner is considered an independent...
Page 33 - Do you mean that a person could commute from one part of the farm to another part of the farm by wagon or mule or by riding in a truck?
Page 6 - You are familiar with the system of renting land to individuals to work for a share of the crop with the landlord furnishing certain input which varies with the crop and with the community from one area to another, but the Department of Agriculture does pay benefits to all of those who own a share of the crop. Do you pay those benefits to the landlord or do you pay them to the tenant ? STATEMENT OF HORACE GODFREY, ADMINISTRATOR, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, ACCOMPANIED BY...

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