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| Date Issued | WHD Code | Statute | Subject |
|---|---|---|---|
| January 11, 1930 [sic] | (1-11-30—Red Line Transfer and Storage Company—556.) | FLSA | Employees of employer under contract with the United States Government to deliver mail from post office to trains and vice versa, are engaged in commerce and subject to provisions of Act. The fact that employer has contract with Federal Government does not exempt such employees.[CATEGORIES: Contracts- D. Government Contracts- 3. Contractor] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| October 6, 1938 | (10-6-38—Joint Board of Fur Workers—38.) | FLSA | Agreement to work 35-hour week does not interfere with Act as Act does not require payment of overtime except for work-week in excess of 44 hours. But wage minimum of 25 cents per hour must be paid even if agreement provides for lesser rate.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 5. Higher labor standards than Act.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| October 9, 1938 | (10-9-38—Everlast Metal Products Corporation—37.) | FLSA | Existence of collective agreement does not preclude payment of overtime compensation for all hours in excess of 44 worked in any workweek, unless exception allowed in Section 7 (b)(1) or (2) can be invoked. (Based on 44-hour maximum.)[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay] (A copy of this letter will be requested from the Wage and Hour Division.) |
| October 19, 1938 | (10-19-38—National Association of River and Harbor Contractors—149.) | FLSA | Employees engaged in the improvement of interstate harbors and waterways are engaged in interstate commerce.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 12. Marine construction]( A copy of this letter will be requested from the Wage and Hour Division.) |
| October 20, 1938 | (10-20-38—Franklin-Ferguson Company, Incorporated—151.) | FLSA | The fact that goods are manufactured, processed, or distributed by an employer as "contractor" on behalf of a single concern would not affect question as to whether employees of "contractor" are engaged in the production of goods for commerce.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 5. Independent contractor.] (A copy of this letter has been requested from the Wage and Hour Division.) |
| October 21, 1938 | (10-21-38—Epstein and Brothers—80.) | FLSA | Employment contracts not to work in excess of 2,000 hours in 52 weeks do not apply to employees not subject to such contracts. Such employees and additional workers employed during peak periods must receive overtime pay for hours in excess of 44. (Based on 44-hour maximum.) (See also Interpretative Bulletin No. 8.)[NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 17. Two thousand hour limitation] (A copy of this letter will be requested from the Wage and Hour Division.) |
| October 25, 1938 | (10-25-38—M. Vidal Alvarez—87.) | FLSA | Act not only covers employees engaged in production of goods for commerce between one state or territory and another, but also covers employees engaged in production of goods for foreign commerce.(See also Interpretative Bulletins Nos. 1, 2, and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- A. Foreign- 1. Exports to foreign countries] (A copy of this letter has been requested from the Wage and Hour Division.) |
| October 28, 1938 | (10-28-38—Superior Anthracite Mines, Incorporated—119.) | FLSA | An agreement must specifically contain limitation of 2,000 hours in any period of 52 consecutive weeks, in order to afford exemption from Section 7 (a) under Section 7 (b) (2).(See also Interpretative Bulletin No. 8.) [NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 17. Two thousand hour limitation.] (A copy of this letter will be requested from the Wage and Hour Division) |
| November 1, 1938 | (11-1-38—Virginia Carolina Clays, Incorporated—160.) | FLSA | Employees engaged in manufacturing goods for consumption within state of manufacture are not engaged “in commerce or in production of goods for commerce,” even though raw materials are brought in from outside state. However, an employee engaged in purchasing raw materials from outside state or in receiving or unpacking goods might be held to be “in commerce”.[NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 8. Raw materials and processing(A copy of this letter can also be found on page 4 under the headings Commerce- C. Intrastate- 2. Raw materials and processing.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 2, 1938 | (11-2-38—Gillette, Nye, Harries, and Montague—43.) | FLSA | Office employees performing services necessary to the production of goods for commerce, with option to engage in sales promotion at a commission, are not independent contractors. Time spent in promoting sales must be included in hours worked for purpose of determining overtime.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (d) Office employees.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 3, 1938 | (11-3-38—Southern Furniture Manufacturers’ Association—171.) | FLSA | Employees, otherwise coming within terms of Act, are entitled to its benefits whether they perform work at home, in factory, or elsewhere.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 7. Home workers.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 5, 1938 | (11-5-38)—H. H. Medlin—73 | FLSA | Act does not apply to employees working on raw material derived from within state, if none of the products of the plant move in interstate commerce. But if product is further processed for interstate commerce Act will apply.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the CATEGORIES: Commerce- B. Interstate- 8. Raw materials and processing. A copy of this letter will also be found on page 3 under the headings: Commerce- C. Intrastate- 2. Raw materials and processing] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 5, 1938 | (11-5-38—Greenwood Lumber Company—75.) | FLSA | Act applies to employees engaged in producing goods for interstate commerce not withstanding that plant also produces goods for intrastate commerce. Will also apply where goods sold intrastate are processed further and moved interstate.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from pages 3-4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 8. Raw materials and processing] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 7, 1938 | (11-7-38—West Texas Cotton Growers Association, Incorporated—9.) | FLSA | Place of passage of title is not determinative; if product ultimately moves outside state it is in stream of interstate commerce and vendor is subject to Act even if title was acquired and passed within state.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 11. Title to goods] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 8, 1938 | (11-8-38—McConnell Motor Parts Company—186.) | FLSA | Employees engaged in selling goods within state may be “in commerce,” if product manufactured in another state is warehoused within state where product is sold, and covered by Act.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 12. Warehousing] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 10, 1938 | (11-10-38—Workman’s Federal Wagner Union—193.) | FLSA | Act does not supersede any collective labor agreement establishing more favorable standards for employees. Nothing in Act permits employer to disregard his contract with employees. Employees, otherwise covered by Act, may lawfully work in excess of 44 hours in any workweek without payment of prescribed overtime compensation only if they are employed pursuant to agreement meeting requirements of Section 7 (b) (1) or (2).[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 5. Higher labor standards than Act] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 14, 1938 | (11-14-38—Theodore Eckstein—195.) | FLSA | It is question of general contract law as to what extent a contract with union requires employer not to reduce total amount of wages, in spite of what the Act may allow.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 11. Reduction of wages] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 15, 1938 | (11-15-38—Emett C. Choate—204.) | FLSA | Employees engaged in selling goods within state may be “in commerce,” if product manufactured in another state is warehoused within state where product is sold, and covered by Act. (See also Interpretative Bulletins Nos. 1 and 5.)[NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 13. Wholesale trade] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 15, 1938 | (11-5-38—H. H. Medlin—73.) | FLSA | Act does not apply to employees working on raw material derived from within state if none of the products of the plant move in interstate commerce. Act will apply if product is further processed for interstate commerce.[NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: C. Intrastate- 2. Raw materials and processing] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 15, 1938 | (11-15-38—Eugene W. Koenig—202.) | FLSA | Whether employer is bound by his contract to employ his employees 44 hours at straight time and four hours at time and a half each week or whether, in spite of contract, he may reduce hours to 44 and pay time and a half for any hours he may choose to employ his employees in excess of 44, is question of general contract law. (Based on 44-hour maximum.)[NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- B. Guaranteed and Reduced Hours and Wages/ A copy of this letter is also on page 12 under the headings Contracts- B. Collective Bargaining Agreements- 10. Reduction of hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 15, 1938 | (11-15-38—Amalgamated Meat Cutters and Butcher Workmen of North America—203.) | FLSA | If employer has collective agreement with employees calling for 48-hour workweek, and he desires to reduce the hours to 44, in order to comply with Act, the employer is under no statutory obligation to increase the hourly rate or to pay same amount of wages for 44 hours as he previously paid for 48. So long as employer does not cut hourly rate, he is complying with law. Nor will union violate law by demanding an increase in hourly rate. (Based on 44-hour maximum).[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 10. Reduction of hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 16, 1938 | (11-16-38—Horowitz and Hurwitz—212.) | FLSA | The effect of Act on a contract with union guaranteeing 48 hours a week at a fixed weekly salary, is question of general contract law, about which the Division expresses no opinion. If employer does not cut hourly rate, he is complying with law.[NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- B. Guaranteed and Reduced Hours and WagesA copy of this letter is also on page 10 under the headings Contracts- B. Collective Bargaining Agreements- 3. Guaranteed hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 16, 1938 | (11-16-38—Peoria Blue Print and Photopress Company—210.) | FLSA | The 1,000 hours in 26 consecutive weeks maximum is requirement that must be met only in case an exception to provisions of Section 7 (a) is desired under Section 7 (b) (1) thereof.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 7. One-thousand hour limitation] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 16, 1938 | (11-16-38—Division of Detroit Harvester Company—205.) | FLSA | Regardless of existing collective bargaining agreements employer must keep records and make proper entries as required by Section 516.1 of the Regulations showing overtime paid, if more than 44 hours are worked in any workweek, unless the employer can claim the benefits of the exceptions to hours provisions of Section 7(a) allowed in Section 7(b)(1) or (2). (Based on 44-hour maximum.)[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 9. Record keeping] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 17, 1938 | (11-17-38—Butte Clerks’ Union—214.) | FLSA | Whether an employment agreement stating: “Should a Federal law be enacted providing for shorter hours than specified in agreement, then the hours of work shall be adjusted to coincide with law,”—means that after such law is passed the same $35.00 weekly wage is to be paid for reduced hours and the employer must pay overtime compensation required by Act if he chooses to work his employees longer hours, is question of general contract law.[NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- B. Guaranteed and Reduced Hours and Wages/ A copy of this letter is also on 13 under the headings: Contracts- B. Collective Bargaining Agreements- 10. Reduction of hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 18, 1938 | (11-18-38—Secretary of State—220.) | FLSA | Act does not govern conditions under which work is manufactured in a foreign country (Sweden). Such goods may be imported into the United States and sold.(See also Interpretative Bulletins Nos. 1, 2, and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. under the headings: - Commerce- A. FOREIGN- 2. Imports from foreign countries] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 22, 1938 | (11-22-38—Omaha National Bank—224.) | FLSA | The fact that a contractor performs construction contracts for different jobs in several states, would not bring under Act employees who ordinarily are not under Act when such operations are performed by local contractors. Employees engaged in shipping or transporting materials and machinery from home office to site of a particular job or from site of an operation in one state to site of an operation in another state are in “interstate commerce.” Employees of contractors employed in repairing or altering buildings used to produce goods for commerce also might be held to be engaged in functions necessary to the production of goods for commerce and hence covered.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 10. Local construction] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 25, 1938 | (11-25-38—Harold Krieger—82.) | FLSA | Employer must comply with Act regardless of existing collective agreement permitting 48-hour week and weekly salary of $31.50. Whether under existing agreement weekly wage provided in contract must be paid in spite of reduction of hours is question of general contract law.[NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- A. Employer-Employee Relationships] (A copy of this letter will be requested from the Wage and Hour Division.) |
| November 28, 1938 | (11-28-38—Abbe Institute—79.) | FLSA | Students in business school obtaining theoretical instruction half day and practical experience in business offices the other half are not apprentices within meaning of Regulations, Part 521.(See also Interpretative Bulletins Nos. 1 and 5.) [CATEGORIES: Education- A. Apprentice Training] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| November 30, 1938 | (11-30-38—Carter, Ledyard and Milburn—236.) | FLSA | Employees of a subsidiary company do not come under provisions of Act if business of subsidiary company is wholly intrastate and wholly unrelated to business of parent company. However, it must be established that business of subsidiary company is wholly unrelated in character to any other business activity of parent company and not necessary or not materially facilitating or contributing to the carrying on of interstate commerce by parent company.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- C. Intrastate- 3. Segregation of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 1, 1938 | (12-1-38—International Longshoremen’s Association, Business Agent Local 976—241.) | FLSA | Whether employer having contract with longshoremen to employ them 54 hours a week, must now employ his employees for 44 hours at regular rate and then for ten additional hours at time and one-half the regular rate of pay, in order to make up the 54 hours guaranteed by agreement, is question of general contract law. (Based on 44-hour maximum.)[NOTE: This description was copied from pages 4-5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- B. Guaranteed and Reduced Hours and Wages/ A copy of this letter is also on page 10 under the headings Contracts- B. Collective Bargaining Agreements- 3. Guaranteed hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 2, 1938 | (12-2-38—O’Keefe and Root—247.) | FLSA | Section 7 (a) requires that an employer pay employees time and one-half overtime compensation for all hours worked in excess of 44 hours in any workweek, in spite of fact that employer and employees are willing to have an agreement to work for 48 hours a week without any overtime pay for hours in excess of 44.[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 14. Section 7, effect of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 6, 1938 | (12-6-38—United States Wholesale Grocers’ Association, Incorporated—262.) | FLSA | Watchman contracting to render his services to several warehouse owners at a specified rate per month cannot be regarded as an independent contractor, since employers would retain power to control watchman and to dictate how, when, and where he shall perform his services.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (g) Watchmen] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 7, 1938 | (12-7-38—Fred A. Hartley, Jr.—273.) | FLSA | Act makes no distinction as to percentage of employer’s goods or of goods upon which employee works that move in interstate commerce. Situation would not be changed if a separate distributing company or companies are formed to distribute the goods sent out of state.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 9. Segregation of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 7, 1938 | (12-7-38—Web Printing Pressmen’s Union Number 38—281.) | FLSA | Agreement establishing a five day 40-hour week and permitting employer, in event union is unable to furnish competent substitutes when needed, to work regular employees the sixth day “without penalty” is superseded by Act unless exceptions to Section 7 (a) provided in Section 7 (b) (1) or (2) can be invoked.(See also Interpretative Bulletin No. 8.) [NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 16. Substitute employees] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 8, 1938 | (12-8-38—United Automobile Workers of America—297.) | FLSA | Employees themselves cannot agree to waive the hour provisions of Act, except insofar as they may enter into an agreement with their employer which will meet the requirements of Section 7 (b) (1) or (2).[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 14. Section 7, effect of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 12, 1938 | (12-12-38—Lee Koenig—322.) | FLSA | Provisions of Section 7 (a) must be complied with, irrespective of fact that a conflicting provision is embodied in a collective labor agreement, unless the agreement meets the requirements of the exceptions provided for in Section 7 (b) (1) or (2).[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 14. Section 7, effect of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 13, 1938 | (12-13-38—Mayer W. Aldridge—332. | FLSA | Employees of a contractor under contract to build roads for states, counties, and other governmental bodies, are not exempt from provis
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| December 14, 1938 | (12-14-38—Houtzdale Stamp Works—335.) | FLSA | Administrator is given no authority to grant a temporary exemption from provisions of Act to a manufacturing concern engaged in manufacturing rubber stamps, 99 percent of whose business is with the United States Government under contract, for the balance of the contract period of such manufacturing company with the United States Government, which terminates June 30, 1939.[CATEGORIES: Contracts- D. Government Contracts- 4. Temporary exemption from Act] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| December 15, 1938 | (12-15-38—Chicago Fire Brick Company—341.) | FLSA | The fact that chauffeurs and yard laborers are employed under a union contract providing a 60-hour week, without additional compensation for overtime, does not mean that overtime provision of Act does not apply to such employees, if they are engaged in commerce or in production of goods for commerce.[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 15. Substandard provisions] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 15, 1938 | (12-15-38—Arthur L. Ross—343.) | FLSA | It does not mean that provisions of Act do not apply if employees of a construction company perform work under contract with the Federal or various state governments, even if such contract contains provisions relating to wages and hours. Employees of contractor would not be regarded as employees of the United States or of a state. If wage and hour provisions applicable in Act are higher than those provided for in contract, the employees of contractor should be paid in accordance with standards of Act.[CATEGORIES: Contracts- D. Government Contracts- 3. Contractor] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| December 16, 1938 | (12-16-38—Utah State Industrial Commission—361.) | FLSA | Not violation of Act for two journeymen who have already worked 40 hours in a week (as per an agreement) to work as substitutes four hours each and then allow a substitute employee eight hours work the following week. Act is concerned only with number of hours worked by a particular employee entitled to benefits of Act. So long as employee works but 44 hours in a week, Section 7 (a) does not apply.(See also Interpretative Bulletin No. 8.) [NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 16. Substitute employees] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 16, 1938 | (12-16-38—Jahncke Service—353.) | FLSA | Employees of a company which has a con#tract with the United States Engineers for levee construction are subject to the wage and hour rovisions of Act, regardless of any features in the public contract under which they work.[CATEGORIES: Contracts- D. Government Contracts- 3. Contractor] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| December 17, 1938 | (12-17-38—Fullerton Candy Company—922.) | FLSA | If sales of wholesale company are made entirely from stock, and if original package in which the goods arrived has been broken, it is possible that such sales will not be held to be a part of interstate commerce.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 13. Wholesale trade] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 17, 1938 | (12-17-38—Principal Shoe Company, Incorporated—373.) | FLSA | Act in no way relieves an employer of the obligation he may assume by contract to pay an hourly wage rate in excess of 25 cents per hour, regardless of amount of work produced by employees in slack or busy seasons. Whether an employer has a proper complaint under his contract with a union because he feels men are not producing as much as they should for 30 cents an hour is not matter which comes within province of Act. If contract with union fixes a basic piecework rate for employees, then other provisions govern. Act does not prohibit piecework or payment on basis of a piecework rate.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 11. Reduction of wages] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 18, 1938 | (12-18-38—C. C. Shively—298.) | FLSA | Students placed in various business houses for trade training purposes are considered employees under Act and are subject to provisions of Act, unless it can be established such student is in office or plant as an observer and is doing no actual work. The fact that an employee is a student and receives no compensation for his work does not mean he is not employed.[CATEGORIES: Education- C. Vocational Training] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| December 19, 1938 | (12-19-38—Massillon Chamber of Commerce—387.) | FLSA | Employees of contractors who perform work under public contracts are not exempt from provisions of Act, if such employees are otherwise subject to provisions of Act.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 19, 1938 | (12-19-38—Aaron Hertzman—389.) | FLSA | If work performed by an individual, under contract with wholesaler, in making trousers or certain portions of trousers is a functional part of business of company designated as wholesaler, and if work is in large measure subject to the control and right of control of wholesaler as to manner and mode of execution, such a relationship would be an employer-employee relationship rather than one of wholesaler and independent contractor.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 1. Apparel goods, processing of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 20, 1938 | (12-20-38—C. Reiss Coal Company—396.) | FLSA | Regular rate of pay of weighmaster usually working 40 hours per week but occasionally having to work overtime without compensation, as labor agreement does not cover overtime, is computed by dividing weekly wage by 40, his “regular number of hours per week determined by agreement or custom” as stated in Section 516.4 (f) (ii) of the Reulations. Such regular rate of pay should be used to figure overtime compensation in excess of 44 hours for each workweek.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 12. Regular rate of pay, computation of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 22, 1938 | (12-22-38—Tri-City Labor Congress—424.) | FLSA | An employer may employ workers in excess of 44 hours in any workweek without payment of overtime compensation, if such workers are employed pursuant to a collective agreement which meets requirements of Section 7 (b) (1) or (2).[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 6. Increasing of hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 27, 1938 | (12-27-38—Joseph Allen—434.) | FLSA | Liability of a manufacturer for violations of wage and hour law committed by a contractor who furnishes factory and labor only to such manufacturer, is determined in accordance with Sections 15 and 16 of the Act.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 9. Jobber and manufacturer, liability of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 28, 1938 | (12-28-38—The Norcor Manufacturing Company—440.) | FLSA | If a collective agreement between an employer and his employees provides that employer is to pay time and one-half for all hours worked on a Saturday, there is nothing in Act which says that if hours worked on Saturday fall within the 44-hour limitation they need not be compensated for at rate of time and one-half. Whether a contract imposes such obligations upon employer is question of general contract law, about which the Division expresses no opinion.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- C. Payment for Saturday Work/ A copy of this letter can also be found on pages 11-12 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay]( A copy of this letter will be requested from the Wage and Hour Division.) |
| December 28, 1938 | (12-28-38—Wholesaler’s Food Institute of Iowa—450.) | FLSA | Employees of food wholesalers working on a commission basis, operating wholesalers’ trucks, and selling merchandise of such wholesalers direct from trucks to retailers are apparently under control of wholesalers and are not independent contractors but are employees within meaning of Act.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (e) Salesmen] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 29, 1938 | (12-29-38—Bakery and Confectionery Workers, International Union of America—Local Number 74—451.) | FLSA | Whether terms of a wage agreement between bakery workers and employer, requires employer to pay same weekly wage that he paid prior to effective date of Act, even though hours are cut to 44, is question of general contract law. Under the Fair Labor Standards Act an employer is under no obligation to pay the same amount of wages for 44 hours that he paid for a greater number of hours, prior to effective date of Act. (Based on 44-hour maximum).[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. under the headings: Contracts- B. Collective Bargaining Agreements- 11. Reduction of wages] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 30, 1938 | (12-30-38—Leonard Orloff—467.) | FLSA | Employees of contractor who contracts to stitch shirts for a manufacturer are subject to provisions of Act, if manufacturer sells shirts outside the state after they have been processed by contractor.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 1. Apparel goods, processing of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| December 30, 1938 | (12-30-38—Bass, Berry, and Sims—471.) | FLSA | Students in an educational institution of a charitable and religious character who are employed in various occupations and industries, the products of which are sold or distributed in interstate commerce, are employees within meaning of Section 3 (g) of Act and are entitled to provisions of Act. The fact that workers are students, receive credit toward their degrees for such work, and are employed by educational, religious, or charitable corporations is immaterial, as Act makes no exemption for such cases. Administrator has no power to grant special treatment in such situations.[CATEGORIES: Education- C. Vocational Training] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 3, 1939 | (1-3-39)—Charlotte, North Carolina, Shippers and Manufacturers Association—485.) | FLSA | A shipment, which originates in one state and passes in transit through another state to a point of destination in state where shipment originated, is in commerce and goods are produced for commerce within meaning of Act, under Section 3 (b).(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 4. Destination point.] (A copy of this letter is being requested from the Wage and Hour Division.) |
| January 3, 1939 | (1-3-39—Earl Blodgett—487.) | FLSA | Agricultural exemption under Sections 13 (a) (6) and 3 (f) does not extend to employees of packing house owners packing produce of other growers as well as their own. Unless packing is done on farm on which the commodities to be packed are raised, an independent contractor engaged in packing would not appear to be entitled to benefits of agricultural exemption.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 14. Packing of commodities] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 4, 1939 | (1-4-39—American Road Builders’ Association—490.) | FLSA | The construction of a new road over an old road, which has been used as an instrumentality of interstate commerce, should be regarded as reconstruction. Employees of contractors engaged in such activity would seem to come within the interpretation expressed in paragraph 13 of our Interpretative Bulletin No. 5.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. under the headings: Contractor- A. Independent Contractor- 8. Instrumentalities of commerce, repairing, maintenance, and reconstruction/ A copy of this letter is also on pages 9-10 under the headings Contractor- A. Independent Contractor- 16. Road construction] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 6, 1939 | (1-6-39—E. H. Coughran, Jack Shields—510.) | FLSA | Although Act exempts employees of United States or a state, it does not exempt employees of one performing work for the United States or a state under contract, since employees would ordinarily be regarded as employees of contractor.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 6, 1939 | (1-6-39—W. W. Findley—508.) | FLSA | Courts may hold a saw crew involving a leader using his own team, a log hauler furnishing his own trucking equipment, an individual owning his own truck and hiring a saw crew, or a log loader working under an agreement with mill to cut logs on a per thousand foot basis, to be an employer-employee relationship, rather than that of a mill and independent contractor, in view of broad remedial purposes of Act and definition of employer under Section 3 (d) and “employ” under Section 3 (g).[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 11. Lumber—stacking, cutting, hauling, etc..] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 6, 1939 | (1-6-39—W. W. Findley—508.) | FLSA | Administrator is not concerned with the contractual arrangements between employers and employees so long as the provisions of Act are not violated. Nor will requirements of Act be considered to have been met merely because of provisions in such contracts calling for compliance. Section 11(c) of Act requires records to be kept by employers and not by employees. Employee is not liable with the employer in case of an error, in spite of fact that there is a contractual arrangement with employees to call the attention of employer to errors in his time records. Mere formal prescription of rules for keeping of records by employee will not relieve employers from their obligations under Act if, in fact, they sanction noncompliance with provisions of Sections 6 and 7.[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 9. Record keeping] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 6, 1939 | (1-6-39—Arthur L. McLaughlin, Jr.—505.) | FLSA | Act does not relieve employer of obligations he assumes under an agreement establishing higher standards than those fixed in Act.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 5] (Higher labor standards than Act. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 6, 1939 | (1-6-39—E. H. Coughran, Jack Shields—510.) | FLSA | Although Act in effect exempts employees of United States or a state, it does not exempt employees of one performing work for the United States or a state under contract, since the employees would ordinarily be regarded as employees of contractor.[CATEGORIES: Contracts- D. Government Contracts- 3. Contractor] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 7, 1939 | (1-7-39—Red Star Manufacturing Company, Incorporated—521.) | FLSA | It is doubtful that the manufacture of pearl buttons from fresh water mussel shells or from ocean water shells is exempt from provisions of Act under Section 13 (a) (5) , or that exemption under Section 13 (a) (5) was intended to extend to manufacturing operations, like those carried on in button manufacturing plants, which take place far from point of production, not controlled by natural factors, and typical of industries clearly covered by Act. Also doubtful that pearl button manufacturing industry can avail itself of exemption under Section 13 (a) (5), when shells from which buttons are made come from Australia. The reasons for exemption under Section 13 (a) (5 ) cease to exist when raw materials used in a processing operation are secured in foreign waters.(See also Interpretative Bulletins Nos. 1, 2, and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- A. FOREIGN- 2. Imports from foreign countries] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 7, 1939 | (1-7-39—Paul F. Beich Company—517.) | FLSA | Nothing in Act requires an employer to pay same amount of wages that he paid for a greater number of hours prior to effective date of Act. However, whether under a collective bargaining agreement an employer is required to pay same weekly wage for reduced number of hours as he paid for a greater number of hours prior to effective date of Act, or whether employer is still required to employ his men at same number of hours that he did prior to effective date of Act and pay such employees overtime compensation, is question of general contract law, about which the Division expresses no opinion.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- B. Guaranteed and Reduced Hours and Wages] (A copy of this letter is being requested from the Wage and Hour Division.) |
| January 7, 1939 | (1-7-39—Paul F. Beich Company—517.) | FLSA | Whether under a collective bargaining agreement an employer is required to pay same weekly wage for a reduced number of hours as he paid for a greater number of hours prior to effective date of Act, or whether employer is still required to employ his men at same number of hours that he did prior to effective date of Act and pay employees overtime compensation, is question of general contract law.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 11. Reduction of wages] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 7, 1939 | (1-7-39—Victor Konow—518.) | FLSA | The effect that requirements of Section 7 may have upon other provisions in a collective agreement unrelated to the hour and overtime provisions thereof is a question of general contract law. Nothing in Act itself invalidates existing contracts.[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 14. Section 7, effect of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 9, 1939 | (1-9-39—Federal Engineering and Construction Company—533.) | FLSA | Employees of contractors engaged in maintaining, repairing, and reconstruction of essential instrumentalities of commerce are subject to benefits of Act. Certain doubts may exist on question of original construction of such instrumentalities. Compliance with Act however is wisest until doubts are cleared up.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 8. Instrumentalities of commerce, repairing, maintenance, and reconstruction] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 9, 1939 | (1-9-39—John Armour—532.) | FLSA | Whether under a particular collective bargaining agreement an employer may still be required to pay the same weekly wage for a reduced number of hours that he paid for a greater number of hours prior to the effective date of Act is a question of general contract law, about which the Division expresses no opinion.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 10. Reduction of hours] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 10, 1939 | (1-10-39—Graham A. Barden—545.) | FLSA | Act does not cover plants where employees work on raw materials derived from within state and where no products of the plant move in interstate commerce. The same is true as to employees manufacturing or processing materials derived from outside state if product is sold for local consumption.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from pages 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- C. Intrastate- 2. Raw materials and processing] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 11, 1939 | (1-11-39—Thomson Wood Finishing Company—557.) | FLSA | The fact that union contract provides that maintenance work in the plant be compensated at straight time for hours in excess of 40 per week is immaterial in so far as overtime provisions of Act are concerned.[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 11, 1939 | (1-11-39—Rival Manufacturing Company—549.) | FLSA | The fact that a weekly wage is paid even though an employee is sick or that certain other benefits such as medical attention are given employee, does not alter requirements of Act. Requirements of Act apply to rush seasons and to any week in which more than 44 hours are worked.[CATEGORIES: Employees (General)- A. Absence of] (NOTE: This description was copied from page 18 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 12, 1939 | (1-12-39—W. E. Reynolds, Treasury Department—568.) | FLSA | Employees engaged in local construction are not ordinarily subject to provisions of Act. Employees engaged in repairing or altering buildings used in production of goods for commerce may well be regarded within the coverage of Act.[NOTE: This description was copied from pages 5-6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 2. Building] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 12, 1939 | (1-12-39—Wagner Lodge of Harvey, S. W. O. C.1546—578.) | FLSA | The duty to pay overtime compensation as required by Section 7 is a duty imposed upon the employer and Section 7 must be complied with regardless of whether the union agreement was formerly readjusted or not.[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 12, 1939 | (1-12-39—John S. Mason—573.) | FLSA | Where agreement between an employer and employees provides for payment at the rate of time and one-half for all hours in excess of eight in each day, the computation of regular hourly rate for purpose of determining basis upon which overtime compensation prescribed in Section 7 (a) must be paid does not include extra time agreed to be paid for work in excess of normal workday or normal workweek.[NOTE: This description was copied from page 13 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 12. Regular rate of pay, computation of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 13, 1939 | (1-13-39—Arthur T. Brown—584.) | FLSA | Employees engaged in production of goods shipped from one point in a state to another point in same state, but through a second state, are entitled to benefits of Act.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- C. Intrastate- 1. Destination point] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—Builders Sand Company—596.) | FLSA | Employees of company producing and shipping sand to highway contractors, lumberyards and various railroads located within the state might well be held by courts to be engaged in production of goods for commerce if any of sand sold to railroads or contractors is transported across state lines by such companies.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 8. Instrumentalities of commerce, repairing, maintenance, and reconstruction/ A copy of this letter is also on page 10 under the headings Contractor- A. Independent Contractor- 16. Road construction] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—Chamber of Commerce of the Apparel Industry, Incorporated—594.) | FLSA | If employees of an independent contractor are entitled to benefits of Act and are employed in violation thereof, then the responsibility of jobber is governed by Sections 15 and 16.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 9. Jobber and manufacturer, liability of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—International Woodworkers of America, Local Number 61—604.) | FLSA | If an employer is required, by contract with his employees, to pay them time and one-half for all hours worked in excess of eight hours in a day, nothing in Act would relieve employer of such obligation.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 5. Higher labor standards than Act] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—Industrial Union Council—597.) | FLSA | If employees under contract for 44-hour week and straight seniority rights do not work more than 44 hours in any work week or are paid time and one-half overtime compensation for all hours worked in excess of 44 hours, they need not be kept within 1,000 hours limitation of Section 7 (b) (1) or any other number of hours each six months. (Based on 44-hour maximum.)[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 7. One-thousand hour limitation] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—International Typographical Union—603.) | FLSA | The requirement of overtime compensation for all hours worked in excess of 12 hours in any workday becomes important only when a collective agreement under Section 7 (b)(1) or (2) has been entered into, in order to invoke the exceptions provided for in these sections to overtime provisions of Section 7 (a). In spite of fact that Section 7 (a) does not apply, an employee is still entitled to time and one-half overtime compensation for all hours worked in excess of 12 hours in any workday or 56 hours in any workweek.[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 16, 1939 | (1-16-39—Strutwear Knitting Company—589.) | FLSA | Knitting company having contract with union providing for a “flexible workweek” in certain departments and for overtime at regular rates, with understanding that hours shall not exceed 2,000 during any period of 52 consecutive weeks does not meet requirements of Section 7 (b) (2) of Act. Before Section 7 (b) (1) or (2) can be invoked the representatives of employees making agreement must be certified as bona fide by the National Labor Relations Board, and before exception to overtime provisions of Section 7 (a) can be invoked under Section 7 (b) (2), employees must be employed “on an annual basis”, which means that employee must be given guarantee of a fixed annul wage or of yearly employment.[NOTE: This description was copied from page 10 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 2. Flexible workweeks, relation to Section 7 (b) (2)] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 18, 1939 | (1-18-39—John Warren Beard—626.) | FLSA | Miners working when and as they please “getting out ore by contract at a scale per ton which varies with the grade” and for whom workmen’s compensation insurance is taken out by lessee-operator of mine (who also installs machinery for miners to work with) would be considered as “employees” of lessee-operator and entitled to provisions of Act.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 13. Mining—handmining of barytes ore, drilling of oil wells etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 18, 1939 | (1-27-39—Flack and Pierson Water Well Company—695.) | FLSA | Oil well drillers and tool dressers in the employ of an oil well drilling contractor are engaged in production of goods for commerce within meaning of Section 3 (j) of Act, and entitled to benefits of Act.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 13. Mining—handmining of barytes ore, drilling of oil wells etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 18, 1939 | (1-18-39—International Brotherhood of Electrical Workers—613.) | FLSA | A schedule of work by which employees under agreement with a hydro plant agree to work on a 40-hour week, working ten days on and four days off can be operated in strict compliance with the overtime provisions of Section 7 (a). Act presents no difficulties in continuing on schedule arranged by employees and company.[NOTE: This description was copied from pages 13-14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 13. Rotating shifts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 19, 1939 | (12-19-38—Massillon Chamber of Commerce—387.) | FLSA | Employees of contractors performing work under public contracts not exempt from provisions of Act, if such employees are otherwise subject to provisions of Act.[CATEGORIES: Contracts- D. Government Contracts] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 20, 1939 | (1-20-39—R. L. Maynard—641.) | FLSA | Employees engaged in the manufacture of lumber in Georgia for shipment to London, England, are engaged in commerce within meaning of that term under Section 3 (b).(See also Interpretative Bulletins Nos. 1, 2, and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- A. Foreign- 1. Export to foreign countries] (A copy of this letter is being requested from the Wage and Hour Division.) |
| January 20, 1939 | (1-20-39)—Farmco Package Corporation—644.) | FLSA | Employees of container manufacturer are under Act even though containers are used for shipment of fresh fruits and vegetables in interstate commerce, and paragraph 6 of Interpretative Bulletin No. 5 applies. Whether employees of container manufacturer are engaged in the production of goods for interstate commerce cannot depend upon whether containers are sold to a shipper of one type of commodity or another.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from pages 1-2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. INTERSTATE- 3. Containers] (A copy of this letter has been requested from the Wage and Hour Division.) |
| January 20, 1939 | (1-20-39—George W. Norris—640.) | FLSA | The 1,000-hour limitation in Section 7 (b) (1) becomes important only when that section is invoked as basis of an exception from overtime provisions of Section 7 (a). Neither the overtime provisions of Section 7 (a) nor exceptions thereto specified in Section 7 (b) (2) become applicable, if no more than 44 hours per workweek are worked during first year of Act’s operation, nor more than 42 hours during second year, nor more than 40 hours thereafter.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. under the headings: Contracts- B. Collective Bargaining Agreements- 7. One-thousand hour limitation] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 20, 1939 | (1-20-39—Fisher Flouring Mills Company, Incorporated—638.) | FLSA | The 2,000 hours referred to in Section 7 (b) (2) of Act are to be construed as hours actually worked and not as hours for which the employee receives pay.(See also Interpretative Bulletin No. 8.) [NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 17. Two thousand hour limitation] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 21, 1939 | (1-21-39—Fall and Hrdlicka—660.) | FLSA | Employees engaged in determining nature of subsurface formation in order to ascertain the weight of a dam that the particular terrain will support would not seem to be associated directly or indirectly with any production of goods for commerce, but rather would appear to be doing work of builders and contractors.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 6. Exploration work] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 23, 1939 | (1-23-39—United Electrical Radio and Machine Workers of America, Local 922—673.) | FLSA | Act does not prohibit cutting of hours; however, watchmen employed under a “Statement of Policy” which serves as contract with company, is not affected by Act to extent that policy sets higher standards than Act.[NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- C. Employment Contracts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| January 23, 1939 | ((1-23-39—Robert W. Claiborne—674.) | FLSA | Arrangement whereby company (manufacturing dresses in Puerto Rico shipped to United States for delivery and sale) proposes to operate with its employees—contemplating payment of wages and working hours in accord with provisions of Act, but where employees agree that if it is determined provisions of Act do not apply to such operations in Puerto Rico they will repay to company amounts paid them by company over and above that which they would have earned under the otherwise prevailing rates for such employment and where for security employees will each week deposit with bank or trust company (as trustee or escrow agent) an amount equivalent to that “excess”, the “excess” and accrual of interest to be paid in full to person or persons eventually entitled to such deposits would not constitute payment of a minimum wage within meaning of Act.[CATEGORIES: Contracts- C. Employment Contracts- 3. Wages held in escrow] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| January 27, 1939 | (1-27-39—Claude Pepper—699.) | FLSA | Workmen cutting down trees and sawing them into logs on basis of so much per log or so much per 1,000 feet, and workmen cutting pulp wood at rate of so much per cord might be held to be employees and not independent contractors. If such workmen are engaged in production of goods for interstate commerce they are entitled to benefits of Act.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 11. Lumber—stacking, cutting, hauling, etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 1, 1939 | (2-1-39—American Smelting and Refining Company—727.) | FLSA | To provide a solution to problem of rotating shifts, Act allows exceptions to its maximum hour and overtime provisions by providing that employees, employed pursuant to a collective bargaining agreement meeting requirements set forth in Section 7 (b) (1) and Section 7 (b) (2), may be employed in excess of 44 hours in any workweek without payment of overtime compensation as prescribed in Section 7 (a).[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 13. Rotating shifts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 2, 1939 | (2-2-39—Limeton Lame Company, Incorporated—736.) | FLSA | If employee is otherwise entitled to benefits of Act he is not excluded therefrom by reason of being employed on a "piece work-contract basis." He is an “employee” within definition contained in Section 3 (e) of Act.[NOTE: This description was copied from pages 257-258 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Words and Phrases- H. EMPLOYEE] (A copy of this letter has been requested from the Wage and Hour Division.) |
| February 2, 1939 | (2-2-39—E. E. Little—739.) | FLSA | Act makes no distinction as to percentage of employer’s goods or of goods upon which employee works that move in interstate commerce. Situation would not be changed if a separate distributing company or companies are formed to distribute the goods sent out of state.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 10. Shipments] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 3, 1939 | (2-3-39—John B. Karcher—753.) | FLSA | Men working on a “contract basis but for whom Social Security tax or workmen’s compensation is paid” are “employees” within meaning of Section 3 (e) and entitled to benefits of Act.[NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- C. Employment Contracts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 3, 1939 | (2-3-39—W. B. Adams—758.) | FLSA | Students employed in training school, which produces goods for interstate commerce and is established for purpose of developing a supply of experienced garment workers, are engaged in production of goods for commerce if it is intended or supposed that their products will move in interstate commerce.[CATEGORIES: Education- B. Trade Schools] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| February 7, 1939 | (2-7-39—Raymond L. Rush—785.) | FLSA | Any messenger engaged in originating or completing the interstate transmission of a telegraphic communication is engaged in commerce within meaning of Act. This is true whether such messenger is employed by the telegraph company or by an independent contractor.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (c) Messengers] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 8, 1939 | (2-8-39—Louis Kranitz—789.) | FLSA | Operator of contract post office providing mail messenger service under contract with Post Office Department, would be considered either an independent contractor or an employee of the United States and Act would not apply to such person. However, Act applies to his employees if they are engaged in commerce or in production of goods for commerce. A typical employee of a contract post office would be held by courts to be so closely related to commerce as to be subject to Act.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 4. Contract post office] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 9, 1939 | (2-9-39—Telegram to Dorothy Williams—792.) | FLSA | Contractors drilling oil wells are entitled to benefits of Act as operation may be included in term “mining” in definition of production.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 13. Mining—handmining of barytes ore, drilling of oil wells etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 9, 1939 | (2-9-39—Priestly Knit Goods Company—796.) | FLSA | If services of convicts are contracted out by a state or local governmental agency to a private company or individual, such company or individual might be regarded as employer of convicts and subject to requirements of Act where convicts’ services are used in interstate commerce or in production of goods for interstate commerce. Private employees of nonexempt employers handling convict-made merchandise in interstate commerce or prior to its entrance in interstate commerce as defined in Act, would be subject to Act.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 15. Prison labor] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 10, 1939 | (2-10-39—Colgate W. Darden, Jr.—801.) | FLSA | No guarantee of a fixed wage or of continuous employment is required by Section 7 (b) (1), nor does that section require that the collective bargaining agreement be a six-month agreement. Section 7 (b) (1) and Section 7 (b) (2) set absolute limitation, of either 1,000 or 2,000 hours upon number of hours that may be worked.[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 14. Section 7, effect of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 13, 1939 | (2-13-39—John R. Bentley—815.) | FLSA | Watchman employed on Public Works Administration project not entitled to benefits of Act if he is an employee of the city, by virtue of Section 3 (d) of Act. If watchman is employee of contractor on project and is engaged in interstate commerce or in production of goods for interstate commerce, contractor must accord benefits of Act to watchman.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (g) Watchmen] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 13, 1939 | (2-13-39—Memorandum to Mr. Vincent—817.) | FLSA | Control of a union over an apprentice system is no different from usual closed shop union agreement where union in fact determines who shall or shall not become an employee of a company, with respect to creation of employer-employee relationship. This is true in case of union hiring halls where company exercises no jurisdiction in selecting its own employees. Apprentices are employees of company involved during full period of their apprenticeship, including first six-month period while they work under supervision of a master workman on premises of company. If special dispensation is desired the procedure under Section 14 should be resorted to.(See also Regulations, Part 521.) [NOTE: This description was copied from page 10 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 1. Control over apprentice systems] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 13, 1939 | (2-13-39—Altoona School District (Pennsylvania)—812.) | FLSA | Student placed in a plant merely as an observer under the supervision of one of the school authorities but doing no actual work would not be regarded as subject to Act. The mere fact that individual is a student is not determinative on question of whether he is an employee. Fact that student may not be paid by operator of plant, or that such a “trainee” is a student and may receive school credit for work he does in the industrial establishment is immaterial, if he is an employee within meaning of Act and is engaged in commerce or in the production of goods for commerce.[CATEGORIES: Education- C. Vocational Training] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| February 15, 1939 | (2-15-39—Cochran and Franklin Company, Incorporated—825.) | FLSA | Employer may not ship products in interstate commerce manufactured from timber supplied by independent contractors if employees of independent contractors are not accorded benefits of Act and if employer has knowledge of such fact.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 9. Jobber and manufacturer, liability of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 15, 1939 | (2-15-39—George L. Dibble—931.) | FLSA | The apprenticeship regulation is applicable to skilled occupations only and to situations in which regular apprenticeship training is provided for by agreement between employer and employee.(See also Regulations, Part 521.) [NOTE: This description was copied from page 10 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- A. Apprentice Agreements] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 16, 1939 | (2-16-39—R. E. Masterson—831.) | FLSA | Men stacking lumber on a per thousand basis, might be held by courts to be employees, rather than independent contractors, and entitled to benefits of Act, if they are engaged in production of goods for interstate commerce.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 11. Lumber—stacking, cutting, hauling, etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 16, 1939 | (2-16-39—A. J. Bolinger—838.) | FLSA | Employer leasing land to operators, as independent contractors, would be prohibited under Section 15 (a) (1) from shipping products of mines in interstate commerce, if helpers of operators are not accorded benefits of Act.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 13. Mining—handmining of barytes ore, drilling of oil wells etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 16, 1939 | (2-16-39—E. E. Zurfluh—828.) | FLSA | Where printers and apprentices work 40 hours per week, in accordance with a union contract, and where no attempt is made to invoke exception provided in Section 7 (b) (1) of “1,000 hours in 26 weeks,” no limitation upon ours can be set, regardless of fact that employer contends that such employees are permitted to work only 1,000 hours in 26 weeks. Such printers and apprentices may continue to work in accordance with agreement. Nothing in Act will relieve employer of obligations he has assumed under agreement.[NOTE: This description was copied from page 10 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 1. Control over apprentice systems] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 6, 1939 | (2-6-39—The Ingalls Iron Works Company, Incorporated—773.) | FLSA | Fact that ships may be constructed for United States Government or one of its agencies does not mean that ships are not “goods” within meaning of Act, or that ships produced under contract with United States cannot be deemed to be goods “produced for commerce”, or sold in “commerce”, since Section 3 (i) of Act defines the term “goods” to include ships and marine equipment among other things[CATEGORIES: Contracts- D. Government Contracts] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| February 8, 1939 | (2-8-39—Louis Kranitz—789.) | FLSA | Operator of contract post office providing mail messenger service and under contract with Post Office Department, would be considered either an independent contractor or an employee of the United States and Act would not apply to such person. However, Act applies to his employees if they are engaged in commerce or in production of goods for commerce. A typical employee of a contract post office would be held by courts to be so closely related to commerce as to be subject to Act.[CATEGORIES: Contracts- D. Government Contracts- 2. Contract post office] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| February 17, 1939 | (2-17-39—International Union of Operating Engineers—.025.) | FLSA | The fact that employees of a private contractor are paid by state funds, does not deprive such employees of benefits of Act, if otherwise subject to Act.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 17, 1939 | (2-17-39—Lawrence J. Beck—844.) | FLSA | Not necessary for a building contractor to certify that his employees have been paid in conformity with provisions of Act in order to protect owners or users of a building being repaired, even though such employees are entitled to benefits of Act. If a certificate of compliance is given it would not protect the occupant of building, if employees of contractor had been paid in violation of Act.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 2. Building] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 18, 1939 | (2-18-39—Grover C. Gaugh—850.) | FLSA | An agreement between an employer and an employee whereby it is agreed that employer may work employee at a rate less than 25 cents an hour, or in excess of 44 hours in any workweek without payment of overtime compensation, is against public policy and void, since its performance on part of employer is in violation of Section 6 or Section 7 of Act. Such an agreement does not bar an employee from bringing suit under Section 16 (b). (Based on 44-hour maximum.)[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 15. Substandard provisions] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 21, 1939 | (2-21-39—Paul Dunlap—865.) | FLSA | Free lance commercial artist and photographer working for various firms on an hourly or job basis, and at certain times of year working extensively on an hourly basis for local nursery engaged in interstate commerce might be considered an employee of nursery during periods of time that he works for such firm. Otherwise, since artist performs work for any firm desiring his services, he might be considered an independent contractor and not an employee. Artist may be exempt as a professional employee within meaning of Section 541.2 of the Regulations during those times when he may be considered an employee of a firm for which he may be working.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (a) Commercial artist] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 23, 1939 | (2-23-39—Wortendyke Manufacturing Company—869.) | FLSA | To determine regular rate of pay for excess hours worked over 44, company working under 40-hour week agreement with employees and paying employees time and one-half for four hours between 40 and 44, does not have to include extra pay paid for overtime for hours up to 44, called for either by agreement or custom. (Based on 44-hour maximum.)[NOTE: This description was copied from page 12 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 8. Overtime pay] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 23, 1939 | (2-23-39—Mobile Pulley and Machine Works—868.) | FLSA | Company having contract with War Department which requires compliance with Federal Eight-Hour Law (40 U. S. C. A. 325) should comply with such eight hour day, 40-hour week law, since the Fair Labor Standards Act does not excuse noncompliance with any other Federal law, if such other law is more onerous to case.[CATEGORIES: Contracts- D. Government Contracts- 1. Compliance with other statutes] (NOTE: This description was copied from page 16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| February 25, 1939 | (2-25-39—George W. Storck, United States Treasury Accounts Office (Watertown, South Dakota)—875.) | FLSA | Employees of the Mt. National Memorial Commission, established by Act of Congress, are not entitled to benefits of Act, because of exemption of United States as an employer in Section 3 (d). However, employees of private contractors with the Commission are not included within exemption under Section 3 (d). However, employees of private contractors of the Commission would not appear to be engaged in interstate commerce or in production of goods for interstate commerce.[NOTE: This description was copied from page 5 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor] (A copy of this letter will be requested from the Wage and Hour Division.) |
| February 25, 1939 | (2-25-39—Pittsburgh Plate Glass Company—877.) | FLSA | Time and one-half overtime compensation should be paid to all employees engaged in interstate commerce or in production of goods for interstate commerce for all hours worked in excess of 44 hours in any workweek, unless exception to overtime provisions provided in Section 7 (b) (1) and Section 7 (b) (2) of Act can be met, regardless of fact that a collective bargaining agreement fixes workweek at 42 hours for continuous operations (six hours a day for seven days) with time and one-half for all work over eight hours in any 24-hour period of 42 hours in any one workweek, except that company is not required to pay overtime for hours worked in excess of 42 because of rotation of shifts every fourth week when each shift is required to work one week of 48 hours. (Based on 44-hour week.)[NOTE: This description was copied from page 14 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 13. Rotating shifts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| March 15, 1939 | (3-15-39—Alpha Industries, Incorporated—.020.) | FLSA | Company just starting business and beginning to produce goods, although having no orders on books as yet, but hoping to do both interstate and intrastate business, is engaged in production of goods for commerce and covered by Act.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 1.Application of Act, beginning of:] (A copy of this letter is being requested from the Wage and Hour Division.) |
| March 15, 1939 | (3-15-39—Warren G. Magnuson—.016.) | FLSA | Truck drivers employed by private contractors delivering mail from a terminal station to post offices within state would probably be held by courts to be engaged in commerce and covered by Act. No reasonable basis for assuming that employees of contractors will be deemed by courts to be employees of the United States, and not covered by Act by reason of exclusion of the United States in term “employer” as defined in Section 3 (d).[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (f) Truck drivers] (A copy of this letter will be requested from the Wage and Hour Division.) |
| March 16, 1939 | (3-16-39—George Hargis—.022.) | FLSA | Man under contract with railway company to do janitor work in company’s freight and passenger station, would probably be considered an employee and not an independent contractor; but as an “employee of an employer subject to provisions of Part I of Interstate Commerce Act,” he would be exempt from hours provisions under Section 13 (b) (2).[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 5. Employees as- (6) Janitors] (A copy of this letter will be requested from the Wage and Hour Division.) |
| March 20, 1939 | (3-20-39—Southard Lumber Company—.031.) | FLSA | Company manufacturing lumber shipped to another point within same state, but which can reach point of destination either through route running entirely within state, or through route which runs through a second state and recrosses back into state where lumber is manufactured to point of destination, is engaged in interstate commerce, if lumber is shipped via the second route, despite fact that an alternate route. operating entirely within state is available. However, even if products are shipped by way of road operating entirely within state, it is possible that employees of lumber manufacturing company are engaged in production of goods for commerce, if person to whom company sells products within state ships merchandise or products of which lumber manufacturing company's goods are ingredients, outside state.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. INTERSTATE- 4. Destination point] (A copy of this letter is being requested from the Wage and Hour Division.) |
| March 23, 1939 | (3-23-39—Puerto Rico Reconstruction Administration—.039.) | FLSA | Puerto Rico is included within definition of “State” contained in Section 3 (c) of Act and employees engaged in producing goods for shipment from Puerto Rico to neighboring republics are engaged in production of goods for commerce within meaning of Act.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. Interstate- 10. Shipments] (A copy of this letter will be requested from the Wage and Hour Division.) |
| March 24, 1939 | (3-24-39—J. M. Hemphill—.042.) | FLSA | Employees of railroad might be held by courts to be engaged in interstate commerce within meaning of Act, if it transports goods which ultimately move in interstate commerce, despite fact that Interstate Commerce Commission has denied such railroad to move in interstate commerce, as the present and future public convenience and necessity were not shown to require the acquisition and operation of such a line of railroad.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 2 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. INTERSTATE- 6. Commerce Commission, agreement with] (A copy of this letter is being requested from the Wage and Hour Division.) |
| March 27, 1939 | (3-27-39—United Jewish Social Agencies—.049.) | FLSA | Girls trained for work in shoe factories by a philanthropic organization, which established school for that purpose, would be subject to provisions of Act if they produce goods for interstate commerce, or if they perform functions necessary to production of goods for interstate commerce. No exemption for philanthropic agencies provided in Act.[CATEGORIES: Education- B. Trade Schools] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| March 29, 1939 | (3-29-39—Murray H. Braun—.059.) | FLSA | If person has knowledge that his contractors are producing goods in violation of Act, later shipment of goods in interstate commerce by person would constitute a “willful” violation of Act and subject him to criminal penalties under Section 16 (a). If such person chooses to make an independent inspection of plant and books of suspected contractor and honestly concludes that contractors are complying with provisions of Act, a later shipment of goods by such person in interstate commerce would not constitute a “willful” violation of Act so as to subject him to criminal penalties under Section 16 (a) even though contractor may have violated the Act.[NOTE: This description was copied from page 8 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 9. Jobber and manufacturer, liability of] (A copy of this letter will be requested from the Wage and Hour Division.) |
| April 2, 1939 | (4-2-39—F. G. Beckman—.0121.) | FLSA | Employees of contractors engaged in completing oil wells and reconditioning old wells, working in Illinois, Texas, and New Mexico, are entitled to benefits of Act, if oil produced in wells ultimately leaves the state.[NOTE: This description was copied from page 9 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 13. Mining—handmining of barytes ore, drilling of oil wells etc.] (A copy of this letter will be requested from the Wage and Hour Division.) |
| April 21, 1939 | (4-21-39—William A. Russell High School— .0103.) | FLSA | Students attending school part of day and working in industrial plants the other part of day without compensation are under Act if performing functions necessary or contributing to the production of goods which move in interstate commerce.[CATEGORIES: Education- C. Vocational Training] (NOTE: This description was copied from page 17 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940. A copy of this letter will be requested from the Wage and Hour Division.) |
| April 25, 1939 | (4-25-39—Dixie Manufacturing Company— .0110.) | FLSA | Employees of alleged independent “purchaser,” who buys goods from manufacturer and then goes through form of selling goods back to manufacturer at a price high enough to enable him to recover original “purchase” price plus an amount equal to cost of labor for packing, are engaged in commerce and entitled to benefits of Act, if manufacturer sends product outside state.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 3. Buying and reselling of commodities] (A copy of this letter will be requested from the Wage and Hour Division.) |
| May 3, 1939 | (5-3-39—New England Utilities Employees’ Alliance—.0129.) | FLSA | An agreement which does not guarantee either a fixed annual wage or continued employment for 52 weeks, or employment for 2,000 hours in a year, does not meet requirements of Section 7(b) (2).[NOTE: This description was copied from pages 10-11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 4. Guaranteed wages and employment] (A copy of this letter will be requested from the Wage and Hour Division.) |
| May 10, 1939 | (5-10-39—National Association of Silo Manufacturings—.0157.) | FLSA | Erection crews erecting silos on farms are engaged in work constituting a subordinate and established part of farming activities and is a practice performed "on a farm as an incident to or in conjunction with" farming operations. Work of carrying equipment from job to job is merely a minor and incidental part of work performed by crews on farms. Such employees are exempt under Sections 13 ( a) ( 6) and 3 (f) whether they are employees of farmer or are employees of someone else, but perform practices on the farm.[NOTE: This description was copied from page 52 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Exemptions- A. AGRICULTURAL- (f) Silos] (A copy of this letter has been requested from the Wage and Hour Division.) |
| May 10, 1939 | (5-10-39—Department of Highways and Public Works—.0158.) | FLSA | Act applies to employees working under contracts, even though contracts have been entered into prior to effect date of Act, if employees are engaged in commerce or in production of goods for commerce, while working under contracts.[NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- C. Employment Contracts] (A copy of this letter will be requested from the Wage and Hour Division.) |
| May 13, 1939 | (5-13-39—National Association of Hosiery Manufacturers—.0172.) | FLSA | Courts would most likely hold that the manufacturer, rather than so-called independent contractor, is employer of home worker. Courts will look upon independent contractor as an agent of manufacturer—thus making home workers the employees of manufacturer. However, where manufacturer turns over goods to contractor who has a regular factory but who also makes use of home workers, it would seem likely that courts will hold that manufacturer is not the employer of contractor’s home workers.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 7. Home workers] (A copy of this letter will be requested from the Wage and Hour Division.) |
| May 26, 1939 | (5-26-39—Home Ice Company, Incorporated—.0187.) | FLSA | Employees of company selling ice at wholesale, are subject to Act with respect to sales of ice obtained from outside state. Employees of company manufacturing ice sold wholly intrastate, are under Act if local purchasers ship ice in interstate commerce.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 3 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. INTERSTATE- 13. Wholesale trade] (A copy of this letter will be requested from the Wage and Hour Division.) |
| May 31, 1939 | (5-31-39—J. R. Fleming and Company—.0203.) | FLSA | If sale and repurchase of pecans in regular and normal course results in “sale” of pecans to “customers” with “payment” for unshelled pecans made through delivery of shelled pecans back to firm, such sale and repurchase arrangement is not a bona fide sale, but is an employer-employee relationship within meaning of Act. Workmen who deliver shelled pecans to firm in normal course, after having procured unshelled pecans from such firm (or from any affiliated firm or source under an arrangement whereby firm controls the supplying of unshelled pecans to shellers), are employees of firm. Situation is similar to homework situation.[NOTE: This description was copied from page 6 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 3. Buying and reselling of commodities] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 1, 1939 | (1-6-39—W. W. Findley—508.) | FLSA | Time spent by employee in repairing his equipment on the job constitutes time worked within meaning of Sections 6 and 7, even when employee has contracted with employer to haul logs on piece-work basis, to furnish his own equipment consisting of a truck and trailer while on the job, and it is designated in contract that the rental of equipment by employer is only expense in connection with rental of equipment that employer will assume in connection with equipment being used to transport logs. Courts may well hold that a saw crew involving a leader using his own team, a log hauler furnishing his own trucking equipment, an individual owning his own truck and hiring a saw crew, or a log loader working under an agreement with mill to cut logs on a per thousand foot basis, would be employer-employee relationships, rather than that of mill and independent contractor, in view of broad remedial purposes of Act, definition of employer under Section 3 (d), and “employ” under Section 3 (g).[NOTE: This description was copied from pages 15-16 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- C. Employment Contracts- 2. Piece work] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 2, 1939 | (6-2-39—Lusk Shipping Company—.0208.) | FLSA | Employees engaged in loading and unloading commodities which are exported from New Orleans or are received at New Orleans from continental United States or any territory of United States, other than the Philippines, or in loading and unloading goods from the Philippines or foreign countries destined for outside the State of Louisiana, are so intimately associated with stream of commerce as to be considered "engaged in commerce" and entitled to benefits of Act. Whether goods imported from foreign countries or from Philippine Islands for consumption within State of Louisiana subjects such employees to Act is not decided as yet.(See also Interpretative Bulletins Nos. 1, 2, and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: CATEGORIES: Commerce- A. Foreign- 1. Exports to foreign countries] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 2, 1939 | (6-2-39—J. B. Oglethorpe and Company—.0207.) | FLSA | If an employer enters into an agreement with his employees, pursuant to provisions of Section 7(b) (2), and later finds it necessary to close his plant due to lack of business he must pay his employees the guaranteed wage or he fails to fulfill requirements of agreement.[NOTE: This description was copied from page 11 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- B. Collective Bargaining Agreements- 4. Guaranteed wages and employment] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 3, 1939 | (6-3-39—Milbrook Knitwear—.0225.) | FLSA | An employment agreement signed by home workers and accepted by company each time work is sent out, where the home worker must manufacture goods in accordance with definite specifications fixed by company and where at option of home worker company furnishes all necessary materials, would not have effect of constituting home worker an independent contractor, but is rather an employer-employee relationship.[NOTE: This description was copied from page 15 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contracts- C. Employment Contracts- 1. Home workers] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 10, 1939 | (6-10-39—Treasury Department (Edward H. Foley)—.0220.) | FLSA | Employee who makes continuous use of mails or of channels or instrumentalities of interstate commerce, even though this use is for purpose of liquidation of an insolvent national bank is engaged in interstate commerce within meaning of Act. Even though bank employees do not make a direct use of mails or of channels of interstate commerce regularly their activities may be so bound up with regular use of such instrumentalities that they may be entitled to benefits of Act. It may be that in later stages of liquidation, employees of an insolvent bank will be so completely engaged in local activities that they would not be "engaged in commerce" within meaning of Act.(See also Interpretative Bulletins Nos. 1 and 5.) [NOTE: This description was copied from page 1 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Commerce- B. INTERSTATE- 2. Channels of] (A copy of this letter is being requested from the Wage and Hour Division.) |
| June 12, 1939 | (6-12-39—Edgar L. Hay—.0224.) | FLSA | Whether man hired by representative of branch office of concern, whose main office is in another state, is an employee of main office and is consequently entitled to receive remuneration from such main office, is question of general contract law, about which the Division expresses no opinion.[NOTE: This description was copied from page 4 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contract Law, Questions of- A. Employer-Employee Relationships] (A copy of this letter will be requested from the Wage and Hour Division.) |
| June 13, 1939 | (6-13-39—Milbrook Knitwear—.0225.) | FLSA | An employment agreement signed by home workers and accepted by company each time work is sent out, where the home worker manufactures goods in accordance with definite specifications fixed by company and where, at option of home worker, company furnishes all necessary materials, would not make home worker an independent contractor, but is rather an employer-employee relationship.[NOTE: This description was copied from page 7 of the Opinion Manual of the General Counsel, Wage and Hour Division, Department of Labor, Washington, Volume I, 1940 under the headings: Contractor- A. Independent Contractor- 7. Home workers] (A copy of this letter will be requested from the Wage and Hour Division.) |
