SECTION 3(k) I. Text of Fair Labor Standards Act SEC. 3. As used in this Act (k) "Sale" or "sell" includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition. II. Legislative history The definition of "sale" or "sell" has not changed since 1938. III. S. 1861 (Williams bill) Would make no change. IV. Amendment No. 1204 (Dominick-Taft substitute) Would make no change. (92) SECTIONS 3(1), 12, AND 13(c) 1. Text of Fair Labor Standards Act SEC. 3. As used in this Act (1) "Oppressive child labor" means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health, or well-being) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor certifying that such person is above the oppressive child labor age. The Secretary of Labor shall provide by regulation or by order that the employment of employees between the ages of fourteen and sixteen years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being. SEC. 12. (a) No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods there from any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution. and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution. (b) The Secretary of Labor, or any of his authorized representatives, shall make all investigations and inspections under section 11 (a) with respect to the employment of minors, and, subject to the direction. 68 015 -72———7 and control of the Attorney General, shall bring all actions under section 17 to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this Act relating to oppressive child labor. (c) No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. SEC. 13. (c) (1) Except as provided in paragraph (2), the provisions of section 12 relating to child labor shall not apply with respect to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed. (2) The provisions of section 12 relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person. (3) The provisions of section 12 relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions. II. Legislative history Section 3(1), defining "oppressive child labor," was amended once in 1949 to include parental employment of a child under 16 years of age in a hazardous occupation. This provision was contained in the bills of both the House and Senate and was designed to close a loophole in the previous definition under which a parent was not permitted to employ his child in a hazardous occupation between 16 and 18 years but could employ his child in such an occupation until he became 16 years old. Child labor provisions have been part of the FLSA from the beginning. Originally, they only applied to employers producing goods for shipment in commerce, but they did not apply to employers engaged in commerce but not producing goods, such as transportation and communication activities. The 1949 amendments brought the child labor provisions of section 12 generally into line with the minimum wage and overtime provisions of the Act by forbidding oppressive child labor "in commerce or in the production of goods for commerce" with the addition of section 12(c). The 1949 amendments also revised section 12(a) to relieve a purchaser of goods produced in an establishment utilizing oppressive child labor from responsibility, if such purchaser could prove that he had no knowledge that the goods were produced under unlawful child labor conditions. The 1961 amendments, which introduced the enterprise concept to minimum wage and overtime coverage, extended such coverage to child labor as well. Section 12 was left unchanged by the 1966 amendments. The 1949 amendments expanded the scope of the section 13(c) exemption to include performers as well as actors and to include radio and television productions in addition to motion picture and theatrical productions. The exemption for agricultural labor in section 13 (c) was also modified to substitute the words "outside of school hours for the school district where such employee is living while he is so employed" for the words "while not legally required to attend school." Administration of the section 13 (c) agricultural provision had been difficult as great variance among State school attendance requirements resulted in inadequate protection of the schooling for children employed in agriculture in many States. The substitute wording was an attempt to correct this inadequacy and simplify the administration of the exemption. The 1966 amendments adopted a Senate amendment to prohibit agricultural employees under age 16 from working in hazardous occupations, as determined by the Secretary of Labor. Children employed by their parents on their parents' farm would not be affected by this new provision. Section 13(e) was subdivided into three paragraphs and this hazardous occupation prohibition became section 13(c) (2). III. S. 1861 (Williams bill) Would further restrict child labor in agriculture by revising section 13(c) (1) to prohibit employment outside of school hours unless the employee is: (a) 14 years of age or older; (b) employed by his parents on a farm they own; or (c) 12 years of age or older and has the written consent of his parents or his parents are employed on the same farm. Would add to section 12 a new subsection which would authorize the Secretary of Labor to issue regulations which would for the purposes of section 12 require employers to obtain proof of age from their employees. Would provide for additional civil penalties ($1,000 for each violation) for violations of the child labor standards. IV. Amendment No. 1204 (Dominick-Taft substitute) Would restrict child labor in agriculture by revising section 13 (c) (1) to prohibit employment outside of school hours unless the employee is (a) employed by his parent or person standing in the place of his parent, on a farm owned or operated by such parent or person; (b) is employed on the same farm at which his parent or person standing in the parent's place is employed; (c) is 12 years of age or older and has written consent of his parent or person standing in place of his parent or; (d) is 14 years of age or older. SECTIONS 3 (m) AND (t) 1. Text of Fair Labor Standards Act SEC. 3. As used in this Act (m) "Wage" paid to any employee includes the reasonable cost, as determined by the Secretary of Labor, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees: Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective-bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board, lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated. or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 50 per centum of the applicable minimum wage rate, except that in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount. (t) "Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than $20 a month in tips. II. Legislative History The definition of "wage" has been modified twice since 1938. Initially, the definition was limited to the language preceding the first proviso. This was added to the original Act more as an afterthought by the Conference Committee since it had not been before the Congress prior to the final consideration. There was no debate or discussion of the definition. The two provisos down through "*** in determining the wage paid to any employee" were added by the 1961 amendments. The language was identical to that included in the Kennedy bill which passed the Senate in 1960. The Senate report on that bill provides the best explanation: "To permit the exclusion of the cost of board, lodging, or other facilities from the 'wage' paid to any employee, to the extent |