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Index-The Wage and Hour Law*

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Index-The Wage and Hour Law* INDEX-THE WAGE AND HOUR LAW* Adkins v. Children's Hospital, 327, 329. CILD LABOR AasmmEN ADMINISTRATION OF FLSA purpose of, 391; ratification of, after prior rejection, devices made use of in, 334; function of industry 392; necessity for in spite of FLSA, stated, 403. committees in, 353, 359; in general, 368-390; Child Labor Cases policy of, 368; contrasted with National Labor Re- See Hammer v. Dagenhart and Bailey v. Drexel lations Act, 368; appropriation for, 370; fundamen- Furniture Co. talproblems of, stated, 372; utilization of state CHILD LABOR PROVISIONS OF FLSA and local agencies, 376-377; part played by labor in general, 391-405; federal regulation, prior to, unions and trade associations, 377-378; function of 391; exemptions, 393; administration of, by Chief Interpretative Bulletins in, 378-380; process of of Children's Bureau, 393; issuing of age certifi- issuing regulations, 380-383; complaint procedure, cates, 394-396; investigations, 396; determination 383-385; powers of investigation and inspection, of hazardous occupations under, 396-397; regula- 384; public opinion of, 388-389; effect of proposed tions pertaining to employment of children under amendments on, 389-390; economic coverage and, sixteen, 397-398; newspaper work under, 4o0; in- 4o6; economic difficulties in, 425. adequacies, stated, 402-403; economic adjustments ADMINISTRATIVE LAw under, 404; legislative history of, 486-489. review of wage orders issued by Administrator, CIVIL AERONAUTICS ACT 360. wage regulation under, 332 ADMINISTRATIVE PROVISIONS OF FLSA CIVIL RECOVERY legislative history of, 475-478. by employees under FLSA, 385, 386. AORICULTURAL PROCaaSORS exemption from hours provisions, 347, 350. CLARK, PROF. J. M. quoted, 429. AGRICULTURE exemption of employees in, 350; child labor in, CLERICAL EMPLOYEES 402, 403-404. production of goods and, 440. AMENDMENTS OF FLSA COLLECTIVE BARGAINING AGEMETrrs See FLSA. as basis of exemption from hours provisions, 346; AMEaNCa FEDERATION OF LABOR (AFL) wage obtained under, contrasted with FLSA pro- position on minimum wage laws, 328; organization visions, 368. set up for enforcing FLSA, 377, 385; attitude on CoM R.alcE amendment of FLSA, 390; state law drafted by, See INTERSTATE COMMERCE patterned after FLSA, 455, 459; support given state COMP.ANTS bills, 463; attitude of, expressed by Green at hear- method of handling under FLSA, 383-385. ings, 468; split on Bill in Senate, 469; opposition CONoRESS OF INDUSTRIAL ORGANIZATIONS (CIO) to House Bill, 470; Bill drafted by, rejected, 471. position on minimum wage legislation, 328; or- APPRENTICES ganization set up for enforcing FLSA, 377, 385; exemption from wage provisions, 343, 344. attitude on amendment of FLSA, 390; state law AREA OF PROOUCTION drafted by, patterned after FLSA, 455, 458; sup- difficulty of defining, 347, 350; hearings in con- port given state bills, 463. nection with, 383. CONSTITUTIONAL LAW AUSTRALIA extension of concepts of, to cover employees pro- minimum wage law in, 326. ducing goods for commerce, 340; validity of FLSA Bailey v. Drexel Furniture Co., 446. under, in general, 431-453; commerce clause and "BACK SHOP" EMPLOYEES §§15 (a) (I) and 15 (a) (4) of FLSA, 433, and question whether engaged in commerce, 335. 15(a) (2), 438-441; regulation of intrastate trans- BROOKINGS INSTITUTION actions, 438-439; division of governmental powers, criticism of "purchasing-power" theory, 423; 440; Tenth Amendment, stated to be no restriction quoted on 3o-hour week, 428. on granted powers, 441-442; Fifth Amendment held to be no restriction on FLSA, 442-443; issue Carter v. Carter Coal Co., 440, 441, 448, 449, 450, stated to be whether FLSA is primarily regulation 452. of commerce or of local matters, 445; regulation of CARVER, DR. THOMAS N. practices affecting commerce, 448-453. quoted, 429. CASSELL, DR. GUSTAV *FLSA is used throughout this index for Fair La- quoted, 424. bor Standards Act of 1938. [ 491 ] Tim WAGE AND HouR LAw-INDEx CONTRACTS, GOVERNMENT EIGsr-HouR DAY regulation of hours and wages in work done on, on Government contracts, 325; on railroads, 325, 325. See V.ALH-HEALEY Ac'r. 330. COVERAGE OF FLSA Electric Bond and Share Cafe, 433. in general, 332-352; employees engaged in inter- EMPLOYEES state commerce, 335-337; employees engaged in See COVERAGE OF ELSA production of goods for interstate commerce, 337- EMPLOYERS 342; segregation of employees' work, 342; exemp- See COVERAGE oF FLSA tions, from wage provisions, 343-346, from hours ENGLAND provisions, 345-347, from wage and hours pro- establishment of wage boards in, 326; economic visions, 347-350; defects in, stated, 352; economic, effect of minimum wage law in, 418, 419. see ECONOMIC COVERAGE. EXECUTIVE AND ADMINISTRATIVE WORKERS CRIMINAL PRosEcInoN UNDER FLSA exemption of, 348. handled by Justice Department, 376; experience EXEMPTIONS with, 386. See COVERAGE OF FLSA DAVIS, GEo. H. FAIR LABOR STANDARDS ACT testimony at hearings, 468. amendment of, 369, 389-390, summary of pro- DEMOCRATIC PARTY visions, 371. 1936 plank on wage aad hour laws, 464. FEDERAL GOVERNMENT regulations of hours and wages in work done for, DIFFEREmNIALs 325. consideration of, by industry committees, 357-358; FEDErRAL TRADE COMMISSION difficulty in arriving at, 425. See LEGISLATIVE HIs- powers of, used in administering ELSA, 384. TORY. FREEDOM OF CONTRACT DISTT OF COLUMBIA hour legislation and, 325. .minimum wage law invalidated, 327, 328. GooDs ECCLES, M. S. for commerce, interpretation of, 340-342; destina- quoted, 428-429. tion of, materiality, 341; defined, 342. ECoNoMIc COVERAGE OF FLSA GREEN, ,VILLIAM L. in general, 406-415; estimate of number of em- testimony at hearings, 467-468. ployees, 407; distribution of covered employees by industries, 407-4o8; distribution by states, 408; Hammer v. Dagenhart, 435-437, 445-446, 467, 489. sources of shortage in estimate, 409-410; employees HANSEN, DR. ALVIN H. receiving less than statutory minima, 4to; average quoted, 425. earnings by minima, 411-412; average hours HANDICAPPED WORKERS worked by industries, 413; effect of unemployment exemption from wage provisions, 345. on, 414-415. HEARINGS ECONOMIC IMPLICATIONS OF FLSA in connection with regulations, 381-383; on FLSA, in general, favorable, 416-421, unfavorable, 422- see LEGISLATIVE HISTORY. 430; theory of free market stated, 46, and crit- HILLMANN, SIDNEY icized, 46-417; distinction between labor and testimony at hearings, 468. other commodities, 417; marginal productivity HISTORY OF FLSA theory criticized, 417-418; protection afforded See LEGISLATIVE HISTORY OF FLSA worker under FLSA, 418; contribution of FLSA HouR PROVISIONS OF FLSA to efficiency of industry, 418-42o, and of workers, exemptions from, 345; local nature of, stated, 451- 420; beneficial effect of FLSA on wages in gen- 452; legislative history of, 478-486. eral, 420-421; ineffectiveness of FLSA to reach HoURs sweat shop conditions, 422; forced unemployment motives for legislation concerning, 323-324; reg- of marginal workers under FLSA, 422; "purchas- ulation of, prior to 1938, 324-326; determination ing-power" theory criticized, 423, 424; planning of number worked under FLSA, 350. of entire economy necessitated by wage regulation, 424; difficulty of establishing differentials, 425; INDUSTRY COMMITTEES elimination of wage spread between skilled and in general, 353-367; recommendations of, 353; unskilled because of, 426; rigidities flowing from, statutory provisions concerning, 354, 356, 357, 36o; 426; work-sharing criticized, 428; competition scope of, 355; appointment of members, 355-356; with foreign producers and, 429; stated to be function of, 357; classifications by, 357; dissolution favorable to large businesses, 429-430; disturbance of, 358, 359; relations with Administrator, 360; of geographic trend of industry by, 430; unfavor- evidence submitted to, 361; function of, in provid- able, summarized, 430. ing due process of law, 362-363; curtailing mem- TiH WAGE AND HOUR LAw-INDEx bcrship of, 363-364; representation of unorganized Lawis, JOHN L. employers and workers on, 364; responsibility of quoted, 427; testimony at hearings, 467. public members, 365; suggestions for improvement of, 366-367. MASSACHUSETrS INJUNCTION PROCEEDINGS first minimum wage law in, 327. as remedy under FLSA, 385. MAXIMUM HoUs REGULATION INTERPRETATIVE BULLETINS See HotRs. use of in administering FLSA, 334, 378; grew out MERCHANT MARINE ACT oF 1936 of lack of rule-making power, 378-380. wage regulation under, 332. INTERSTATE COMMERCE MESSENGERS employees engaged in, 335-337; employees engaged exemption from wage provisons, 343. in production of goods for, 337-342; part of goods MINIMUM WAGES sold in, 340; passage of title prior to sale of goods See WAGES in, 341; constitutionality of FLSA provisions con- Morehead v. People ex rel. Tipaldo, 327. cerning, 433-441; power of Congress to govern Mulford v. Smith, 434, 435, 444, 446. competition in, 435-438; "harmful" commodities Myers Case (Myers v. State Journal Co.), 401. in, 436; growth of, as explanation of expansion of commerce clause, 440; power to prohibit, 444; NATIONAL CONSUMERS LEAGUE practices affecting, federal power to regulate, 448- activity in behalf of minimum wage laws, 327. 453. NATIONAL INDUSTIAL RECovERY ACT (N. 1. R. A.) INTERSTATE COMMaERCE COMMISSION relation of FLSA to, 464. power of over certain employments as basis of NATIONAL LABOR RELATIONS BoAm) exemption from hours provision, 347. certification of bona fide employee representatives INTERSTATE COMPACT by, 346; criticism of, contrasted
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