How the Federal Wage-Hour Law applies to the canning industry

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Title:
How the Federal Wage-Hour Law applies to the canning industry
Series Title:
Industry pamphlet ;
Physical Description:
18 p. : ; 23 cm.
Language:
English
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United States -- Wage and Hour and Public Contracts Divisions
Publisher:
s.n.
Place of Publication:
Washington
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Subjects / Keywords:
Canned foods industry   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

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University of Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 027785899
oclc - 71085575
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AA00013776:00001


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HOW THE FEDERAL

WAGE-HOUR LAW


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FRESH FRUIT AND VEGETABLE CANNING
AND PROCESSING UNDER THE FEDERAL
WAGE-HOUR LAW
CONTENTS
Page
Basic requirements------------------- 1
Coverage discussed ------------------ 2
Various exemptions available ------- 2
"Canning" and "first processing" de-
fined--------------------------- 3
"14-week overtime pay" exemption 3
"Seasonal industries" exemption 5
Selection of weeks for exemption 6
"Area of production" exemption 6
Combination of exemptions --------- 8
"White-collar" exemption----------- 8
"Motor-carrier" exemption---------- 9
Hours worked ----------------------- 10
Some overtime pay problems ---------- 10
Child labor restricted ---------------- 13
Records must be kept --------------- 15
Poster must be displayed ------------ 15
Divisions' assistance available -------- 15
Recovery of back pay ---------------- 16
Some free publications- ---- ------- 17
List of regional offices- --------------- 18









April 1959











FRESH FRUIT AND VEGETABLE CANNING
AND PROCESSING UNDER THE FEDERAL
WAGE-HOUR LAW
The Fair Labor Standards Act-popularly
known as the Federal Wage-Hour Law-has
minimum wage and overtime pay provisions
and restricts child labor. These basic re-
quirements apply to employees engaged in, or
producing goods for, interstate or foreign
commerce. The Act is administered by the
U. S. Department of Labor's Wage and Hour
and Public Contracts Divisions.
Work done by an employee in any industry
must be viewed in the light of the basic statu-
tory requirements, which do not vary. How-
ever, the law provides exemptions from these
requirements for employees in certain in-
dustries and occupations.
This pamphlet gives some general informa-
tion about the application of the Federal
Wage-Hour Law to employees who can or
"first process" perishable or seasonal fresh
fruits or vegetables. It is not to be consid-
ered in the same light as official statements
of position contained in interpretative bulle-
tins and other such releases formally adopted
by the Divisions and published in the Federal
Register. Copies of such publications may
be obtained free from the Divisions' nearest
regional office.
For answers to your specific questions
about the statutory requirements, contact the
Divisions' nearest regional office. Give de-
tailed information bearing on your problem,
since the coverage or exemption of any em-
ployee depends on the facts in each case. See
page 18 for the location of the regional office
which serves your State.

BASIC REQUIREMENTS
The basic provisions of the Fair Labor
Standards Act require:





A MINIMUM WAGE of $1 an hour;
OVERTIME PAY of at least time and
one-half the employee's regular rate
for all hours worked over 40 in a work-
week;
A MINIMUM AGE of 16 years for most
jobs, and 14 for a few jobs. In addi-
tion, there is an 18-year age minimum
for work in occupations designated
hazardous by the Secretary of Labor.

COVERAGE DISCUSSED
These requirements apply to employees
who are engaged in interstate or foreign com-
merce or in the production of goods for this
commerce, including any closely related proc-
ess or occupation directly essential to such
production. The products of most estab-
lishments that can or "first process" perish-
able or seasonal fresh fruits or vegetables
move, in whole or in part, directly or indi-
rectly, in commerce out of the State in which
the plant is located. Most establishments in
the industry also receive some of their mate-
rials or supplies from out-of-State sources.
Thus, the interstate activities of most can-
neries or "first processing" plants bring their
employees within the scope of the law. Cov-
erage applies not only to workers who are en-
gaged in the actual canning or processing
jobs, but to clerical, maintenance, shipping,
transportation and sales employees, among
others.
When an employee engages in both covered
and noncovered activities in any workweek,
he is covered for that entire week. All
covered employees are entitled to the statu-
tory benefits, unless a specific exemption
applies.

VARIOUS EXEMPTIONS AVAILABLE
Employers who can, freeze or perform
other first processing operations on fresh
fruits or vegetables may be able to operate
up to 28 weeks a year with reduced or no over-
time pay obligations. But if a canner's em-





ployees are canning them for market within
the "area of production" as defined by the
Divisions' Administrator, a complete year-
round exemption from both the minimum
wage and overtime pay provisions is available
with regard to employees doing the actual
canning work. The area of production ex-
emption, however, does not apply to freezing
and other first processing operations.
There is also a minimum wage and over-
time pay exemption for certain "white-collar"
employees, and an exemption from the over-
time pay provisions for certain motor-carrier
workers.

"CANNING" AND "FIRST PROCESSING"
DEFINED
Since the distinction between "canning"
and "first processing" is fundamental to a
determination of which, if any, of the agri-
cultural processing exemptions apply, it is
necessary to define these terms.
The term "canning," as used in the law,
means hermetically sealing and sterilizing or
pasteurizing and refers to a process involving
the performance of such operations. Clean-
ing, peeling, cooking and other necessary pre-
paratory operations on the fresh fruits or
vegetables, as well as placing them in cans
or other containers for hermetically sealing,
are included, if performed as part of a single
uninterrupted canning process. Subsequent
operations such as labeling the cans or con-
tainers and placing them in boxes are part of
canning, too, whether they are performed as
part of a uninterrupted or an interrupted
process.
"First processing" means the first change
in the form of the fresh fruits or vegetables
and thus includes such operations as freezing,
drying, and pickling.

"14-WEEK OVERTIME PAY" EXEMPTION
Under one exemption, employees working
in "any place of employment" where their em-
ployer is engaged in the canning or first proc-






essing of fresh fruits and vegetables, may be
exempt from the overtime pay provisions of
the Act during a period or periods not exceed-
ing a total of 14 workweeks in the calendar
year. This exemption applies only during the
active season and only in establishments
where the specified operations are actually
carried on. Two groups of employees may
be exempt: (1) Those actually engaged in
the canning or first processing of fresh fruits
or vegetables, and (2) those whose work is a
necessary incident to these operations, and
who work solely in the portions of the prem-
ises devoted by their employer to such oper-
ations. Among exempt employees would be
those office employees, watchmen, main-
tenance workers and warehousemen whose
work relates exclusively to the canning or
first processing of the fresh fruits or vege-
tables.
During the workweeks (up to 14 in the
calendar year) a plant is exclusively engaged
in the canning or first processing of fresh
fruits or vegetables, all employees working
in the plant are exempt.

Byproduct Operations
Byproduct operations on fresh fruits or
vegetables may also be included within this
exemption. The exemption is illustrated by
the case of an employer who commences proc-
essing operations on fresh fruits or vegetables
on a processing line which divides after a
certain stage in the operations to permit the
processing of different portions of the com-
modity into different products or byproducts.
So long as all these operations take place in
the same place of employment and are part
of a continuous series throughout which the
commodities remain perishable, the employ-
ees continuing the processing of the different
portions into products or byproducts are con-
sidered engaged in first processing.
A specific example is the citrus fruit canner
or processor who makes cattle feed and
molasses from citrus waste. Starting with
the whole orange, processing is continued on






two production lines-one for the edible por-
tions and the other for the waste to produce
cattle feed and molasses. Both the primary
operations on the edible fruit, and the cattle
feed and molasses operations on the waste are
exempt as first processing, when taking place
in the same place of employment as a part of
a continuous series of operations beginning
with the fresh orange.

"SEASONAL INDUSTRIES" EXEMPTION
A limited exemption from the overtime pay
provisions is provided for industries which
the Divisions' Administrator specifically finds
to be of a seasonal nature. The canning and
first processing of fresh fruits or vegetables
have been found to be seasonal in nature.
Like the exemption first discussed, this "sea-
sonal" exemption is available for as many as
14 workweeks in the calendar year and it is
an exemption from the overtime pay pro-
visions only. Here, however, the similarity
ends, for the seasonal exemption places a re-
striction on the number of hours that may be
worked without payment of overtime. Dur-
ing the 14 workweeks in which the exemption
is claimed, an employee is exempt only if he
is paid time and one-half his regular rate of
pay for all hours worked over 12 in a day or
56 in a workweek.
Unlike the "14-week overtime pay" exemp-
tion, this exemption is not limited to employ-
ees who work in a particular "place of
employment." Once the determination has
been made that an industry is seasonal, the
exemption gained is an industry exemption.
In other words, the exemption applies to all
employees in the industry, whether plant
workers, office employees, maintenance men
or repairmen, and even though they may work
at other locations than the plant premises
itself.
This exemption may also be taken during
the dead season for repair and maintenance
employees, as well as for workers engaged in
labeling, handling, boxing or shipping carry-

5
455619 0-58-2






over stock, if the establishment has not pre-
viously used up its 14 exempt workweeks.

SELECTION OF WEEKS FOR EXEMPTION
The employer is free to decide in which
workweeks to take the "14-week overtime
pay" exemption so long as the specified opera-
tions are being carried on at the time selected.
He is free to select any 14 workweeks for
the "seasonal industries" exemption. The
two exemptions may be taken consecutively if
the employer chooses, although the weeks
during which exemption is claimed need not
be consecutive. Of course, the minimum
wage requirement of $1 an hour must be
observed at all times.
The decision to take exemption may be
made by the employer at the end of the work-
week, and at that time the type of exemption
must be entered on the payroll. The records
must also show each workweek during which
the plant is operating under either 14-work-
week exemption, and a notice of the exemp-
tion must be posted. These and all other
record-keeping requirements are listed in the
Divisions' regulations, Part 516.

"AREA OF PRODUCTION" EXEMPTION
The "area of production" exemption pro-
vides that employees employed within the
area of production in "canning" agricultural
or horticultural commodities for market are
exempt from both the minimum wage and the
overtime pay provisions during the entire
year. The Divisions' regulations, Part 536,
contain the definition of the "area of produc-
tion."
As mentioned before, this exemption does
not apply to freezing and other first process-
ing operations on fresh fruits or vegetables.
Mere employment within the "area of pro-
duction" is not enough to bring an employee
within this exemption. He must actually be
engaged in "canning," as defined on page 3.
The canner's office help, watchmen and other
custodial and maintenance employees who do





not actually engage in canning, are not within
the area of production exemption. Such em-
ployees, however, may be exempt from the
overtime pay provisions, for a limited period,
under the exemptions previously discussed.
In addition, the employer must can his
products for market for the exemption to ap-
ply. The canning of fresh fruits or vege-
tables for further processing, such as recan-
ning, by the same employer is not "for
market" and therefore is not exempt.

"Area of Production" Defined
Employees of a fresh fruit and vegetable
cannery are considered employed in the area
of production if: (1) The cannery is located
in the open country or in a rural community;
and (2) at least 95 percent of the fruit and
vegetables -canned come from "normal rural
sources of supply" located not more than 15
airline miles from the plant.
"Open country or rural community" does
not include cities, towns or urban places hav-
ing a population of 2,500 or more, or any
places within specified airline distances from
cities, towns and urban places as follows:
Within 1 mile of any community with a
population of 2,500 or over, or
Within 3 miles of any community with a
population of 50,000 or over, or
Within 5 miles of any city with a popu-
lation of 500,000 or over.
Population is determined by the latest United
States Census.
Fresh fruits and vegetables are considered
to come from "normal rural sources of sup-
ply" if it can be shown that the commodities
were received from any of the following
sources:
(1) Farms within 15 miles, or
(2) Farm assemblers or other estab-
lishments through which these commod-
ities customarily move, which are within
15 miles and are located in the open coun-
try or in a rural community, or
(3) Farm assemblers or other estab-
lishments through which these commod-







ities customarily move that are within
15 miles, even though they are not in
the open country or in a rural commun-
ity, provided it can be shown that the
fresh fruits and vegetables came from
farms within 15 miles from the plant.
The period for determining whether 95
percent of the fresh fruits and vegetables
come from normal rural sources of supply
within 15 airline miles is the last preceding
calendar month in which the plant operated
for at least two workweeks. Thus a plant
may be able to take this exemption in some
months but not in others, depending upon the
source of the fresh fruits or vegetables. For
a new plant not in operation for a month, the
percentage is figured on the basis of receipts
during its time in operation. The 5-percent
tolerance allowed by the regulations may be
useful to the plant operator who receives oc-
casional shipments from farmers or suppliers
not within the qualifying area.

COMBINATION OF EXEMPTIONS
All the exemptions applying specifically to
the industry as such have now been ana-
lyzed. However, a word of caution about
the exemptions already discussed-an em-
ployee who engages in both exempt and
nonexempt work during a workweek is not
exempt during that week. But where an
employee does different kinds of work which
come within different statutory exemptions,
there may be a combination of exemptions
under certain conditions. Questions about
such combinations should be addressed to the
Divisions' nearest regional office.

"WHITE-COLLAR" EXEMPTION
Many firms that can or first process fresh
fruits or vegetables are able to take a min-
imum wage and overtime pay exemption the
law provides for any employee engaged in a
bona fide executive, administrative, or pro-
fessional capacity, or as an outside sales-
man, as defined in regulations, Part 541, is-
sued by the Divisions' Administrator.






The fact that an employee may have an
impressive job title or may be paid a good
salary does not suffice to make him exempt.
For exemption to apply, the individual's
duties must meet a series of tests listed in
the regulations.
Among the basic requirements for exemp-
tion are the following: (1) An EXECUTIVE
employee's primary duty must be the man-
agement of the enterprise, or of a recognized
department or subdivision; (2) an ADMIN-
ISTRATIVE employee must primarily per-
form office or nonmanual field work of sub-
stantial importance to the management or
operation of the business; (3) a PROFES-
SIONAL employee must primarily perform
work requiring advanced knowledge in a field
of science or learning, or perform creative
work in an artistic field; (4) an OUTSIDE
SALESMAN must be engaged to sell, away
from his employer's place of business.
It is not necessary, however, that an em-
ployee spend every hour of his workweek in
exempt duties. A 20-percent tolerance is al-
lowed for nonexempt activities. The toler-
ance for executive, administrative and pro-
fessional employees is measured by the hours
which the employee himself works in the
workweek. The time devoted to nonexempt
work by outside salesmen may not exceed 20
percent of the hours worked in the workweek
by the employer's nonexempt employees.
There are also salary tests for exemption
of executive, administrative and professional
employees, but not for outside salesmen.
The exemption is explained in the Admin-
istrator's Explanatory Bulletin on regula-
tions, Part 541, which is available on request
to the Divisions.

"MOTOR-CARRIER" EXEMPTION
The law provides an overtime pay exemp-
tion for drivers, drivers' helpers, loaders and
mechanics, where they are engaged in activ-
ities of a character directly affecting the
safety of operation of their employer's motor
vehicles transporting goods in interstate or






foreign commerce on the public highways.
Where actual transportation in interstate
commerce has not yet begun, as, for example,
transportation within the State of fruit from
the field to the cannery, the exemption is
inapplicable.
For guidance on what kinds of activities
are considered to be safety affecting and other
details on the exemption, see the Divisions'
interpretative bulletin, Part 782, on Motor
Carriers.

HOURS WORKED
The law requires that covered employees
(unless specifically exempt) be paid for all
hours worked. "Hours worked" include all
time the employee is working on his job and
all time he is required to be at his place of
work or on duty. Thus, when workers are re-
quired to stand by to resume their duties
until supplies of produce arrive, their waiting
time counts as hours worked.
Sometimes, too, employees may fire the
boilers or get machines in order before proc-
essing activities begin. Time spent on the job
by employees who come in early, or stay late,
should be counted as hours worked. All
hours worked should be recorded in accord-
ance with the Division's regulations, Part 516,
on Records.

SOME OVERTIME PAY PROBLEMS
The Federal Wage-Hour Law does not re-
quire that an employee be paid each week.
The employer may make his wage and salary
payments at other regular intervals, such as
every two weeks, every half-month, or once a
month. What the Act does require is that
both minimum wage and overtime pay must
be computed on the basis of hours worked
each workweek, standing alone. Thus the
employer cannot eliminate the obligation to
pay overtime by averaging the hours of work
over two or more workweeks.
A workweek is a regularly recurring period
of 168 hours in the form of seven consecutive





24-hour periods. The workweek need not be
the same as the calendar week-it may begin
any day of the week and any hour of the day.
Once established, an employee's workweek
may not be changed unless the change is in-
tended to be permanent.
Before overtime pay can be computed it is
necessary to determine the employee's regu-
lar rate, since the Act requires payment for
overtime hours at not less than one and one-
half times the regular rate of pay. The
"regular rate" is defined in the Act to include
all remuneration for employment, except
certain payments excluded by the law itself.
The latter include premium payments for
overtime work; time and one-half paid for
work on Saturdays, Sundays and holidays;
discretionary bonuses, gifts and payments in
the nature of gifts on special occasions; and
payments made pursuant to certain profit-
sharing, welfare or thrift and savings plans.
Also excluded from the regular rate are
payments made for occasional periods when
no work is performed due to vacation, holi-
day and illness, and similar payments, in
amounts approximately equivalent to the em-
ployee's normal earnings for a similar period
of time.
Of course, the regular rate may be more
than the statutory minimum but it cannot be
less. Should the calculation of an employee's
regular rate fall below the statutory mini-
mum, the employer must make up the differ-
ence and compute overtime on the basis of at
least $1 an hour.
Assuming an employee receives no other
compensation than that stated, here is how to
figure the regular rate and overtime compen-
sation in some typical situations:
Employees Paid an Hourly Rate.-The
regular rate of pay is the hourly rate. When
the employee works more than 40 hours in a
workweek, he is due one and one-half times
his regular rate for each hour over 40.
Example: Bill is paid a single hourly
rate of $2, so $2 is his regular rate. For






each overtime hour, he should be paid
$3 ($2 times one and one-half equals $3).
Piece-Rate Workers.-The regular rate is
obtained by dividing the total weekly earnings
by the total number of hours worked in the
workweek. The employee is entitled to pay-
ment of one-half this regular rate for each
hour over 40, in addition to the full piece-work
earnings.
Example: Jim is paid at piece rates,
In one week, he works 44 hours and his
earnings come to $66. His regular rate
for that week is $1.50 ($66 divided by 44
hours). In addition to his regular rate,
he is due 75 cents (one-half of $1.50) for
each hour over 40, or four times 75 cents
for his overtime hours. This $3 over-
time premium would bring his total earn-
ings for the week to $69.
Another way to compensate piece workers
for overtime is to pay one and one-half times
the piece rate for each piece produced during
overtime hours. The piece rate must be the
one actually paid during nonovertime hours
and it must be enough to yield the minimum
wage per hour. However, this method of
payment may be used only if the employer
and employee agree to it in advance.
Example: Ellen is paid 10 cents for
each piece. In a week during which she
works 46 hours, she earns $50 for the
first 40 hours at this rate. For her over-
time hours, she is due piece and one-half,
or 15 cents, for each piece produced.
As she produced 75 pieces during the
overtime, she should be paid $11.25 (75
times 15 cents) as overtime pay. Thus,
she will earn a total of $61.25 for the
week.
Salaried Employees.-The regular rate for
an employee who is paid a salary for a speci-
fied number of hours a week is obtained by
dividing the weekly salary by the specified
hours.
Example: George is paid a salary of
$60 for a 40-hour workweek. His regu-
lar rate of pay is $1.50 (60 divided by





40 hours). In weeks he works overtime,
he is owed $2.25 ($1.50 times one and
one-half) for each hour over 40, in addi-
tion to his salary.
If a salary is paid as straight-time pay for
whatever number of hours is worked in a
workweek, the regular rate is obtained by
dividing the salary by the hours worked each
week.
Example: Joe, whose hours vary from
week to week, has an understanding with
his employer that he will be paid $60 a
week. Therefore his regular rate will
vary when he works overtime. If he
works 50 hours one week, his regular
rate is $1.20 an hour ($60 divided by 50
hours). He is due one-half the regular
rate, or 60 cents, for each of the 10 over-
time hours, plus his salary, or $66 for the
week. If he works 60 hours the next
week, his regular rate would be $1 an
hour and he is due one-half that, or 50
cents, times the 20 overtime hours, plus
his salary, or $70 for the week.
If a salary is paid on other than a weekly
basis, the weekly pay must ordinarily be de-
termined in order to compute the regular rate
and overtime pay. For instance, if the salary
is paid for a half-month, multiply it by 24 and
divide the product by 52 to get the weekly
equivalent. A monthly salary should be
multiplied by 12 and the product divided
by 52.

CHILD LABOR RESTRICTED
The law sets a minimum age of 16 for gen-
eral employment and 18 for work in jobs
declared hazardous by the Secretary of Labor.
Children of 14 and 15 years of age may be
employed in a limited number of jobs, such
as office and sales work, outside of school
hours and under the following limitations on
hours of work: (1) The child must work no
more than three hours on a school day and
no more than eight hours on a non-school day;
(2) he must work no more than 18 hours in






a week during any part of which school is in
session, and no more than 40 hours during a
week when there is no school; (3) all his work
must be performed between 7 a. m. and 7 p. m.
Among jobs which have been declared
hazardous are the occupations of motor-
vehicle driver or driver's helper (order No.
2) ; elevator operator, and jobs involving
riding on freight elevators, unless the eleva-
tor is operated by an assigned operator, and
the operation of other power-driven hoisting
apparatus, such as high-lift trucks (order No.
7) ; and the operation of power-driven wood-
working machines (order No. 5). The texts
of these orders and other information about
the child-labor provisions are contained in
the Divisions' interpretative bulletin, Part 4,
Subpart G, on Child Labor.
The law directly prohibits the employment
of boys and girls below the minimum ages in
interstate or foreign commerce, or in the pro-
duction of goods for this commerce, including
any closely related process or occupation
directly essential to such production. It also
prohibits the shipment or delivery for ship-
ment in interstate or foreign commerce by
any producer, manufacturer, or dealer of any
goods produced in establishments in or about
which minors have been illegally employed
within 30 days prior to removal of the goods.
For assurance that his job is suitable for
his age, every young worker should have an
age or employment certificate which shows he
is at least the lawful age for his job. The
employer who requires and keeps on file such
a certificate for every young person hired
protects himself from unintentional violation
of the child-labor requirements. Age or em-
ployment certificates issued under State child-
labor laws are accepted as proof of age, for
purposes of the Act, in all States (including
the District of Columbia, Hawaii, and Puerto
Rico) except Idaho, Mississippi, South Caro-
lina, and Texas. In these four States, Fed-
eral certificates are issued.






RECORDS MUST BE KEPT
Under the Federal Wage-Hour Law, em-
ployers are required to keep records which
contain the name and address of each em-
ployee, his birth date if under 19, the hours
he works and his earnings, including his regu-
lar rate for any week when overtime pay is
required, and certain other specified items
that most employers keep for their own in-
formation. No special form or order for the
records is necessary.
The records to be maintained for exempt
employees differ from those required for non-
exempt employees.
Payroll records and certain other data must
be kept for at least THREE YEARS from
date of entry. Supplementary records, such
as time sheets and time cards, need be kept
only TWO YEARS. Employers may keep
microfilm copies of their records, provided
facilities are made available to inspect the
film and the employer is prepared to make
any transcription of the information con-
tained on the film, if requested by the
Divisions.
Complete information on what data should
be recorded is available in the Divisions'
regulations, Part 516, on Records.

POSTER MUST BE DISPLAYED
Firms that have covered employees are
required to display a poster where employees
can readily see it. This poster, which briefly
outlines the law's provisions, may be obtained
free from the Divisions' nearest office.

DIVISIONS' ASSISTANCE AVAILABLE
Anyone-whether an employer, a worker,
or other person-may ask for the assistance
of the Divisions' nearest regional office if he
thinks a firm is violating the Federal Wage-
Hour Law. His name will be held in confi-
dence.
If necessary, the Divisions will make an in-
vestigation and the complainant will be noti-






fied about the results. Information obtained
from records, workers or other sources dur-
ing an investigation is treated confidentially.
It is a violation of the law to discharge or
otherwise discriminate against an employee
for filing a complaint or participating in a
proceeding under the Act.

RECOVERY OF BACK PAY
There are three methods for recovering
back pay due under the Federal Wage-Hour
Law. (1) The Divisions' Administrator may
supervise the payment of back wages found
due employees, after an investigation. (2)
On the written request of employees, the
Secretary of Labor may bring suit in certain
cases against employers to recover back
wages. (3) Employees may bring suit to re-
cover back pay and liquidated damages equal
in amount to the wages withheld, plus at-
torney's fees and court costs. The employee
may not bring suit or recover liquidated dam-
ages if he has been paid back wages under
the Administrator's supervision, or if the
Secretary sued for him.
Suits for back pay must be begun within
two years after the wages became due and the
employer failed to pay them.






SOME FREE PUBLICATIONS
These are some of the Divisions' official
publications which may be obtained free from
the nearest regional office:
Wage-Hour Coverage-Part 776.
Overtime Compensation-Part 778.
Authorization of Established Basic
Rates for Computing Overtime Pay-
Part 548 (and Explanatory Bulletin).
Hours Worked-Part 785.
Area of Producttion-Part 536.
Executive, Administrative, Professional,
Local Retailing Employees, and Out-
side Salesmen-Part 541 (and Explan-
atory Bulletin).
Motor Carriers-Part 782.
Child Labor-Part 4, Subpart G.
Records-Part 516:
Subpart A, General Requirements.
Subpart B, Miscellaneous Exemp-
tions and Other.
The Fair Labor Standards Act, as
amended.
The Fair Labor Standards Act Poster.






LIST OF REGIONAL OFFICES
Region I (Connecticut, Maine, Massachu-
setts, New Hampshire, Rhode Island,
Vermont)
Regional Office: Boston, Mass.
Region II (New Jersey, New York)
Regional Office: New York, N. Y.
Region III (Delaware, Maryland, Pennsyl-
vania)
Regional Office: Chambersburg, Pa.
Region IV (Alabama, Florida, Georgia, Mis-
sissippi, South Carolina)
Regional Office: Birmingham, Ala.
Region V (Michigan, Ohio)
Regional Office: Cleveland, Ohio
Region VI (Illinois, Indiana, Minnesota,
Wisconsin)
Regional Office: Chicago, Ill.
Region VII (Colorado, Iowa, Kansas, Mis-
souri, Nebraska, North Dakota, South
Dakota, Wyoming)
Regional Office: Kansas City, Mo.
Region VIII (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas)
Regional Office: Dallas, Tex.
Region IX (Arizona, California, Idaho, Mon-
tana, Nevada, Oregon, Utah, Washington)
Regional Office: San Francisco, Calif.
Region X (Kentucky, Tennessee, Virginia,
West Virginia)
Regional Office: Nashville, Tenn.
Cooperating State Agency (North Carolina)
North Carolina Department of Labor:
Raleigh, N. C.
Alaska: Anchorage, Juneau
Puerto Rico: San Juan
Hawaii: Honolulu
The Divisions also have at least one field
office in almost every State.









18
U. S. GOVERNMENT PRINTING OFFICE:1958 0-455619







i UNIVERSITY OF FLORIDA


' 3 1262 08858 5475


Industry Pamphlet No. 1




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