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(From the Congressional Record-Senate, July 18, 1973)
FAIR LABOR STANDARDS AMENDMENTS OF 1973
AMENDMENTS SUBMITTED FOR PRINTING
Mr. PACKWOOD. Mr. President, I am sending to the desk an amendment which I intend to offer to S. 1861, dealing with the discretionary treatment of news delivery boys delivering nondaily newspapers. I ask unanimous consent to have the text of my amendment printed at this point in the Record, along with a brief explanation of its purpose.
There being no objection, the amendment and explanation were ordered to be printed in the Record, as follows:
Calendar No. 282 S. 1861
IN THE SENATE OF THE UNITED STATES
July 18, 1973
Intended to be proposed by Mr. PACKWOOD to S. 1861, a bill to amend the Fair Labor Standards Act of 1938, as amended, to extend its protection to additional employees, to raise the minimum wage to $2.20 an hour, and for other purposes, viz:
On page 22, between lines 11 and 12, insert the following: 1 (d) Section 13 (d) of such Act is amended to read as 2 follows: "The provisions of sections 6, 7, and 12 shall not 3 apply with respect to any employee engaged in the delivery 4 of newspapers to the consumer, and the provisions of section 5 12 shall not apply with respect to any such employee when 6 engaged in the delivery to households or consumers of shop7 ping news (including shopping guides, handbills, or other 8 type of advertising material) published by any weekly, semi9 weekly, or daily newspaper.”.
Amdt. No. 370
EXPLANATION OF PACKWOOD NEWSBOY AMENDMENT Newspaper delivery boys are presently exempt from the child labor restrictions of the Fair Labor Standards Act. Under regulations issued by the Labor De. partment, however, those newsboys who deliver daily papers are treated differently from those who deliver newspapers one or perhaps two days a week and deliver supplements (in the form of circulars or advertising materials published by the newspapers) on another day or days. Under the present regulations, only newsboys delivering daily newspapers are considered eligible for the child labor exemption. Supplements “inserted or stuffed in" the daily paper are permissible. However, newsboys who deliver newspapers on other than a daily basis and de liver other printed materials, such as shopping guides, handbills or advertising materials on non-newspaper days, lose the exemption.
The Packwood amendment would eliminate this inequity by specifically es. tending the child labor exemption (but not the newsboy minimum wage and over. time exemption) to newsboys delivering shopping news advertising and other supplements published by the newspaper, on non-newspaper days.
This amendment was accepted without controversy by the Senate Labor Committee last year, and was included in the bill passed by the Senate.