CHAPTER IV-CHILDREN'S BUREAU DEPARTMENT OF LABOR Part 402 Acceptance of State certificates. (Amended] Part 422 Occupations particularly hazard ous for the employment of minors between 16 and 18 years of age detrimental to their health or well-being. [Amended] or PART 402—ACCEPTANCE OF STATE CERTIFICATES Sec. 402.1 Designation of States. (Revised ] $ 402.1 Designation of States. Pursuant to the provisions of $ 401.5, the following States are designated as States in which State age, employment, or working certificates or permits shall have the same force and effect as Federal certificates of age under the Fair Labor Standards Act of 1938, 52 Stat. 1060; 29 U.S.C. 201 et seq.: Alabama. Montana. Arizona. Nebraska. Arkansas. Nevada. California. New Hampshire. Colorado. New Jersey. Connecticut. New Mexico. Delaware. New York. District of North Carolina. Columbia. North Dakota. Florida. Ohio. Georgia. Oklahoma. Hawail. Oregon. Illinois. Pennsylvania. Iowa. Puerto Rico. Indiana. Rhode Island. Kansas. South Dakota. Tennessee. Kentucky. Utah. Vermont. Virginia. Washington. Michigan. West Virginia. Minnesota Wisconsin. Missouri. Wyoming. This designation shall be effective from July 1, 1944, until June 30, 1945, unless this section is amended or repealed by regulation hereafter made and published by the Chief of the Children's Bureau. (52 Stat. 1060; 29 U.S.C. 201) (Reg. 24b, June 29, 1944, 9 F.R. 7256) PART 422_OCCUPATIONS PARTICU LARLY HAZARDOUS FOR THE EMPLOYMENT OF MINORS BETWEEN 16 AND 18 YEARS OF AGE OR DETRIMENTAL TO THEIR HEALTH OR WELL-BEING Sec. 422.4 Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill. (Amended] 422.5 Occupations involved in the operation of power-driven woodworking ma chines. (Amended) $ 422.4 Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. (b) Definitions. (1) The term "all occupations in logging" shall mean all work performed in connection with the felling and bucking of timber into logs or converting of timber into poles, piles, ties, bolts, or similar products; the collecting, loading transporting, or unloading of such products in connection with logging; the constructing and maintaining of roads, railroads, flumes, or camps used in connection with logging; the moving and installing of machinery or equipment used in logging, and other work performed in connection with logging. The term shall not apply, however, to such occupations when carried on in connection with the logging of pulpwood or other wood similar in size to pulpwood, including excelsior wood, chemical wood, and cordwood, unless such logging is done in conjunction with and at the same time and place as logging covered by the order; nor shall the term apply to work performed in ing wood or veneer. (Subparagraph (1) amended Feb. 16, 1944, 9 F.R. 1904] (d) Notwithstanding the provisions of paragraph (a) hereof, during the continuance of the present war and for 6 months after the termination thereof, unless terminated prior thereto by order of the Chief of the Children's Bureau, this order shall not apply to the occupations of operating nailing, stapling, wire stitching, fastening or assembling machines used in the manufacture of veneer fruit and vegetable baskets, hampers, or crates. (Paragraph (d) added July 11, 1944, 9 F.R. 7746] CODIFICATION: In $422.5, former paragraph (d) was redesignated (e), July 11, 1944, 9 F.R. 7746. CHAPTER V_WAGE AND HOUR DIVISION DEPARTMENT OF LABOR Part 511 Industry committee regulations, (Amended) 522 Employment of learners. (Amend ed] 524 Employment of handicapped per sons. [Amended] 526 Industries of a seasonal nature. (Amended] .545 Home workers in the needlework industries in Puerto Rico. [Amended] 633 Embroideries industry, minimum wage orders. [Amended] 643 Chemical, petroleum and coal products, and allied manufacturing industries, minimum wage orders. [Added] 644 Meat, poultry, and dairy products industry, minimum wage orders. [Added] 645 Fruit and vegetable packing and farm products assembling industry, minimum wage orders. [Added] 646 Wholesaling, warehousing, and other distribution industries, minimum wage orders. (Added] 647 Logging, lumber and timber and related products industries, minimum wage orders. [Added] Part 648 Bakery, beverage, and miscellane ous food industries, minimum wage orders. (Added] 649 Metal ore, coal, petroleum, and natural gas extraction industries, minimum wage orders. [Added] 650 Construction industry, minimum wage orders. (Added] 651 Finance, insurance, real estate, motion picture, and miscellaneous industries, minimum wage orders. [Added] 652 Communication, utilities and mis cellaneous transportation industries, minimum wage orders. [Added] 653 Leather goods industry in Puerto Rico, minimum wage orders. [Added] 654 Handicraft art novelty industry in Puerto Rico, minimum wage orders, [Added] 655 Needlework industries in Puerto Rico, minimum wage orders. [Added] 658 Sugar manufacturing industry in Puerto Rico, minimum wage orders. [Added] Administrator's authorized representative. Any other necessary expenses which are incidental to the work of the committee may be incurred by the committee upon approval by the Administrator or the Administrator's authorized representative. Such expenses will be paid upon the certification of the Administrator or his authorized representative. (Sec. 5, 52 Stat. 1062; 29 U.S.C. 205) [Reg., Mar. 9, 1944, 9 F.R. 2729] PART 511-INDUSTRY COMMITTEE REGULATIONS Sec. 611.8 Per diem and expense allowance for committee members. (Revised) $511.8 Per diem and expense allowance for committee members. Each member of the industry committee will be allowed a per diem of $15 for each day actually spent in the work of the committee, except that for a member of an industry committee for Puerto Rico or the Virgin Islands the allowable per diem shall be $20 for each such day, and will in addition be reimbursed for necessary transportation and other expenses incident to traveling, in accordance with Standardized Government Traveling Regulations, as amended, dated January 30, 1934, and December 10, 1935. All travel expenses will be paid on travel vouchers certified by the chairman of the committee or by the Administrator or the PART 522-EMPLOYMENT OF LEARNERS INDEPENDENT TELEPHONE INDUSTRY (REVISED) Sec. 522.081 Scope of $$ 522.081-522.094. 522.082 Issue of special certificates. 522.083 Number of learners. 522.084 Learning period. 522.085 Learner hourly rates. 522.086 Duration of certificates. 522.087 Provisions of learner certificates. 522.088 Revocation of special certificates. Sec. 522.089 Notice of issuance or cancellation of special certificates. 522.090 Definitions. 522.091 Records to be kept. 522.092 Employment of experienced workers as learners prohibited. 522.093 Employment of learners prohibited when experienced workers are available. 522.094 Status of certificates issued under existing regulations. CIGAR INDUSTRY IN THE CONTINENTAL UNITED STATES (ADDED) 522.200 Scope of $$ 522.200-522.211. 522.201 Conditions upon which special learner certificates may be grant ed. 522.202 Learner occupations. 522.203 Learning periods. 522.204 Subminimum rates. 522.205 Number or proportion of learners. 522.206 Effective period of certificates. 522.207 Removal of plant or transfer of pro duction, 522.208 Employment of experienced workers as learners prohibited. 522.209 Employment of learners prohibited where experienced workers are available. 522.210 Definitions of terms. 522.211 Status of certificates issued under existing regulations. AUTHORITY: $ $ 522.081 to 522.094, inclusive, and $$ 522.200 to 522.211, inclusive, issued under 52 Stat. 1068; 29 U.S.C. 214. INDEPENDENT TELEPHONE INDUSTRY SOURCE: $ 522.081 to 522.094, inclusive, contained in Regulations, Administrator, June 22, 1914, effective July 17, 1944, 9 F.R. 7125. $ 522.081 Scope of $ $ 522.081-522.094. The following provisions shall be applicable to the employment of learners in the independent telephone industry and are supplemental to regulations, Part 522 (regulations applicable to the employment of learners pursuant to section 14 of the Fair Labor Standards Act of 1938), as amended. §. 522.082 Issue of special certificates. Upon application to the Administrator of the Wage and Hour Division, on forms furnished by the Division, special certificates authorizing the employment, at subminimum wage rates, of learners in the independent telephone industry may be issued to exchanges of less than 2000 stations to the extent necessary to prevent curtailment of opportunities for employment, and to exchanges of 2000 or more stations when unusual circumstances are shown to exist which the Administrator or his authorized repre sentative find would curtail opportunities for employment, under terms herein set forth, when it appears that: (1) Experienced operators are not available in the locality from which the employer customarily draws his labor supply; (2) The issue of a certificate will not tend to impair working or wage standards established for experienced operators in the industry; and (3) The issue of such certificates will not create unfair competitive labor cost advantages. $ 522.083 Number of learners. (a) Special certificates issued to meet normal labor turnover may authorize not more than: One learner in exchanges employing up to 8 operators, or Two learners in exchanges employing 9-18 operators, or Three learners in exchanges employing 19-30 operators, or Four learners in exchanges employing 31-44 operators. In exchanges employing 45 or more operators, learners in addition to 4 may be employed at less than the minimum rate in the ratio of one learner for each additional 15 operators employed in the exchange. (b) Special certificates issued to new or expanding exchanges may authorize the employment of the number of learners required to meet the employer's actual need in such exchanges. (c) Special certificates issued to meet abnormal labor turnover resulting from the war emergency may authorize the employment of learners to the extent of the actual need of an individual applicant. $ 522.084 Learning period. The maximum learning period which may be provided under a special certificate issued in this industry shall not extend beyond the first 480 hours of employment in training for and in switchboard operating. $ 522.085 Learner hourly rates. The minimum hourly rate to be provided in a special certificate for learners shall be not less than 30 cents per hour for the first 320 hours and 35 cents per hour for the second 160 hours of the learning period. § 522.086 Duration of certificates. Special certificates authorizing the employment of learners in accordance with paragraph (a) and (c) of $ 522.083, may be issued for a period not longer than one year unless sooner revoked for cause. $ 522.090 Definitions. (a) The indeSpecial certificates authorizing the em- pendent branch of the telephone indusployment of learners in accordance with try as referred to herein includes only paragraph (b) of $ 522.083, may be is- those companies which are engaged in sued for a period not longer than neces- the commercial operation of telephone sary to complete the training of the total exchanges and which are not owned or number of additional learners required controlled by the American Telephone and may not be used for purposes of and Telegraph Company (Bell System) meeting regular labor turnover require-.. or its subsidiaries. ments. (b) Learners are persons who have $ 522.087 Provisions of learner cer had less than 480 hours of employment tificates. All special certificates shall in- in the telephone industry as commercial clude, among other matters, the learner switchboard operators. occupation; length of learning period; (c) Experienced commercial switchand rate set forth hereinabove; the def- board operators are persons who have inition of a learner; the purpose for had not less than 480 hours of employwhich issued; the period during which ment in the telephone industry as comthe certificate remains in effect; the re- mercial switchboard operators. In orquirement that the certificate shall be der to be considered available such perposted continuously during its validity sons must be capable of equaling the perin a conspicuous place in the plant where formance of an operator of average or the learners are to be employed; and a ordinary skill and experience. prohibition against the violation of any $ 522.091 Records to be kept. The of the terms and conditions set forth name of each learner and occupation in in the certificate. which each is employed shall be entered $ 522.088 Revocation of special cer- on the pay roll record of the exchange tificates. (a) Any special certificate may to which the special certificate is issued. be cancelled if it is found that it is not The names of all persons employed as necessary to prevent a curtailment of learners shall be listed together in a opportunities for employment. In the separate group on the pay roll record. absence of fraud or misrepresentation $ 522.092 Employment of experienced learners already hired under a special workers as learners prohibited. No excertificate may be retained under the perienced worker shall be employed terms of the certificate if the learning under the terms of a special learner period extends beyond the date on which certificate. the certificate has been cancelled. $ 522.093 Employment of learners (b) Any special certificate shall be prohibited when experienced workers cancelled as of the date of issue if it is are available. No learner shall be emfound that the certificate has been ob ployed under a special learner certificate tained by fraud or misrepresentation. if at the time such employment begins When a certificate has been obtained by an experienced worker who is capable of fraud or misrepresentation the employer equaling the performance of a worker of shall be liable to the employee for wages ordinary or minimum skill is available established by the act as if no certificate for employment. had been issued. $ 522.094 Status of certificates issued (c) Any special certificate shall be under existing regulations. Special cancelled as of the first date of violation certificates issued prior to the effective if it is found that any of its terms have date of this amendment, authorizing the been violated, and the employer shall employment of learners at subminimum be liable to those employed under such wage rates in this industry, shall remain certificate, from the date of violation, in effect until they expire. for wages established by the act as if no CIGAR INDUSTRY IN CONTINENTAL UNITED certificate had been issued. STATES $ 522.089 Notice of issuance or cancel- SOURCE: $ $ 522.200 to 522.211, inclusive, lation of special certificates. Notice of contained in Regulations, Administrator, Apr. the issuance or cancellation of each spe 19, 1944, 9 F.R. 4331. cial certificate pursuant to $8 522.081- $ 522.200 Scope of $ $ 522.200-522.211. 522.094 shall be published in the FEDERAL The following provisions are applicable REGISTER. to the employment of learners in the a |
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