Fair Labor Standards Act Prior to Fair Labor Standards Act as Amended in 1961 the 1961 Amendments EXEMPTIONS-Continued (c) Exempt from overtime requirements only-Continued Section 13(b)(4) Employees employed in on-shore canning and processing fish and other aquatic products and byproducts and in marketing, distributing, and certain other handling activities related to Employees employed in canning fish or other aquatic products and byproducts. Employees employed in processing such marine products and in marketing, distributing, and certain other handling activities related to such products are also exempt from mini- such products. mum wage provisions. Section 13(b)(5) Outside buyers of poultry, eggs, cream, or No change. milk in their raw or natural state. Section 13(b)(6) All employees employed as seamen are Seamen, except those employed on exempt from both minimum wage and over- vessels other than American vessels. time provisions. (Minimum wage exemption is removed.) Section 13(b)(7) Employees of urban or interurban transit Employees of urban or interurban companies are exempt from both the minimum transit companies. (Minimum wage wage and overtime provisions. exemption is removed.) Section 13(b)(8) Employees of gasoline service sta Employees of retail gas or service stations are exempt from both the minimum wage and tions. (Minimum wage exemption is overtime provisions. removed.) Section 13(b)(9) Fair Labor Standards Act Prior to Fair Labor Standards Act as the 1961 Amendments Amended in 1961 (1) Employment of minors under 15, except that under certain conditions minors between 14 and 16 may be employed outside school hours in industries other than manufacturing and mining; (2) the employment of minors under 18 in occupations found to be hazardous. Excludes from "oppressive child labor" children under 16 employed by parents or guardian in nonmining and nonmanufacturing occupations. Prohibits shipment in commerce of goods produced in an establishment in or about which within 30 days prior to removal thereof any "oppressive child labor" was employed. Special child labor exemptions are provided for: Child actors or performers in motion pictures, or theatrical, radio or television productions. Children employed in agriculture outside of school hours. Provisions prohibiting the employ. ment of oppressive child labor are extended to enterprises engaged in commerce or in the production of goods for commerce. No change. No change. ENFORCEMENT AND ADMINISTRATION The Secretary of Labor is authorized to supervise payment of back wages, and the act provides that employee's acceptance constitutes waiver of right to sue under section 16(b). The Secretary is further authorized, in cases involving settled points of law, to sue Under section 17, the Federal district courts are also given authority to restrain the withholding of payment of minimum wages or overtime compensation found by the court to be due the employees. Fair Labor Standards Act Prior to Fair Labor Standards Act as the 1961 Amendments Amended in 1961 ENFORCEMENT AND ADMINISTRATION—Continued directly on behalf of any underpaid employee who has made a written request, consent to such suit constituting a waiver of his rights under section 16(b). Under section 17, the Federal district courts have jurisdiction to restrain violations of the act, not including the restraint of any withholding of payment of minimum wages or overtime compensation. The act contains a 2-year statute of limitations and provision for a good-faith defense to employers who relied on a written ruling, regulation, etc., of the Secretary of Labor. Expanded Program of Economic Studies The 1961 amendments to the Fair Labor Standards Act require the Secretary of Labor to study the complicated system of exemptions applicable to the handling and processing of agricultural products, and to report to the Congress the results of the study and submit legislative recommendations designed to simplify and remove the inequities in the application of the exemption provisions. The amendments also require a study of the complex problems involving rates of pay of employees in hotels, motels, restaurants, and other food-service enterprises, and submission to the Congress of a report, with legislative recommendations. In addition, the Department will conduct a study of hours and earnings of workers in laundries and cleaning plants, in response to congressional requests. Plans for these studies were being developed as of the end of the fiscal year. To provide a basis for evaluating the minimum wages established by the amendments for use in the annual report to the Congress required by section 4(d) of the act, the Divisions also developed plans for broad surveys of wages, hours, and related factors both in industries where the act already applied and in retail trade and the service industries. A new provision of the act, section 4(e), requires an investigation of any situation in which there is reason to believe that competition of foreign producers in any industry under the act has resulted or is likely to result in increased unemployment in the United States. A report to the President and to the Congress is to be made if the study shows that increased unemployment has in fact resulted or is in fact likely to result from such competition. The report may include information on the increased employment resulting from additional exports in any industry under the act. Appendix I APPENDIX TABLE A.-Number of underpaid employees and amount of underpayments disclosed by investigations under the Fair Labor Standards and Public Contracts Acts, by fiscal year, 1952–61 1 1 Employees engaged in interstate commerce or the production of goods for interstate commerce who are not exempt under sec. 13(a) of the Fair Labor Standards Act, and employees who were working on Government contracts subject to the Public Contracts Act. These data relate to employment during a payroll period, usually that preceding the time of investigation. Includes (a) employees who were paid less than $1 per hour or less than other applicable minimum wage rates and (b) employees paid less than 14 times the regular rate of pay for overtime hours worked. The figure shown is an unduplicated count of underpaid employees. The figure shown for each year includes some cases for which disclosures were shown in a previous year but agreement to pay was obtained currently, and excludes some cases for which disclosures are shown currently but agreement to pay was not yet determined. APPENDIX TABLE B.-Number of underpaid employees and amount of underpayments disclosed by investigations under the Fair Labor Stand ards and Public Contracts Acts, by region, fiscal year 1961 1 Employees engaged in interstate commerce or the production of goods for interstate 2 Includes (a) employees who were paid less than $1 per hour or less than other appli cable minimum wage rates and (b) employees paid less than 11⁄2 times the regular rate Includes some cases for which disclosures were shown in a previous year but agree- |