Mittens Industry, and the Sportswear and Other Odd Outerwear and the Belts Divisions of the Apparel Industry be and hereby are amended insofar as they are inconsistent with the following provisions, to be effective for the duration of the war emergency: 1. Special learner certificates may be issued upon individual applications of employers provided that it is satisfactorily shown that: (a) Experienced labor is not available in the locality from which the employer customarily draws his labor supply; (b) Learners are available for employment at the established subminimum learner wage rate; (c) The issue of a certificate will not tend to impair working or wage standards established for experienced workers in the industry; (d) The issue of such certificates will not create unfair competitive labor cost advantages; (e) The number of learners applied for will not tend to impair the statutory minimum wage rate in such plant; (f) The applicant's piece work or hourly wage rates yield average earnings to experienced workers substantially above the minimum wage rate. 2. The subminimum wage rate which may be provided in special learner certificates shall be not less than 35 cents per hour. 3. Authorization to employ a number or percentage of learners for labor turnover in excess of that provided in learner industry regulations, issued pursuant to section 522.4 of the regulations of the Administrator of the Wage and Hour Division and presently in effect, may be granted to the extent of the actual need of an individual applicant, when that need is due to an abnormal labor turn-over resulting from the war emergency. II. These amendments shall be effective on and after March 22, 1943. III. Certificates presently in effect in these industries shall be amended as of March 22, 1943, insofar as they are inconsistent with paragraph I (2) of this order. Signed at New York, New York, this 10th day of March 1943. L. METCALFE WALLING, Administrator, Wage and Hour Division, United States Department of Labor. Published in Federal Register March 13, 1943. [For release June 12, 1943] [United States Department of Labor, Wage and Hour Division, New York, New York] TITLE 29-LABOR CHAPTER V-WAGE AND HOUR DIVISION ADMINISTRATIVE ORDER NO. 198 In the Matter of Amendments to Learner Regulations Applicable to the Rainwear, Robes, and Leather and Sheep-Lined Garments Division of the Apparel Industry Whereas it appears to the Administrator that reasonable grounds exist for amendments of learner regulations and determinations applicable to the RainWear, Robes, and Leather and Sheep-Lined Garments Divisions of the Apparel Industry to meet conditions of abnormal labor turn-over in individual plants in these industries resulting from the war emergency, and for reconsidering the rates established in the learner regulations and determinations applicable to these industries, and Whereas notice was given by publication in the Federal Register (8 F. R. 6067) to all interested parties of the opportunity to show cause on or before May 25, 1943, why the regulations applicable to the employment of learners in said divisions of the Apparel Industry should not be amended to conform to the provisions set out at length in the notice and to be effective for the duration of the war emergency; and Whereas no objection or protest to any of the proposed amendments was ever filed or otherwise made: Now, therefore, it is ordered that 1. The regulations applicable to the employment of learners in the Rainwear, Robes, and Leather and Sheep-Lined Garments Divisions of the Apparel Industry be and hereby are amended to conform with the following provisions, to be effective for the duration of the war emergency: (1) Special learner certificates may be issued upon individual applications of employers provided that it is satisfactorily shown that— (a) Experienced labor is not available in the locality from which the employer customarily draws his labor supply; (b) Learners are available for employment at the established subminimum learner wage rate; (c) The issue of a certificate will not tend to impair working or wage standards established for experienced workers in the industry; (d) The issue of such certificates will not create unfair competitive labor cost advantages; (e) The number of learners applied for will not tend to impair the statutory minimum-wage rate in such plant; (f) The applicant's piece-work or hourly wage rates yield average earnings to experienced workers substantially above the minimum-wage rate. (2) The subminimum-wage rate which may be provided in special learner certificates shall be not less than 35 cents per hour. (3) Authorization to employ a number or percentage of learners for labor turn-over in excess of that provided in learner industry regulations, issued pursuant to section 522.4 of the regulations of the Administrator of the Wage and Hour Division and presently in effect, may be granted to the extent of the actual need of an individual applicant when that need is due to an abnormal labor turn-over resulting from the war emergency. II. These amendments shall be effective on and after June 28, 1943. III. Certificates presently in effect in these industries shall be amended as of L. METCALFE WALLING, United States Department of Labor. Published in Federal Register, June 12, 1943. [United States Department of Labor, Wage and Hour Division] CODE OF FEDERAL REGULATIONS PART 522 SECTIONS 522.100 TO 522.115-SPECIAL REGULATIONS APPLICABLE TO THE EMPLOYMENT OF LEARNERS IN THE ARTIFICIAL FLOWER AND FEATHER INDUSTRY OCTOBER 1940 SECTION 522.100-ISSUE OF SPECIAL LEARNER CERTIFICATES IN THE ARTIFICIAL FLOWER AND FEATHER INDUSTRY Special certificates authorizing the employment of learners at subminimum rates in the Artificial Flower and Feather Industry of persons employed as flowermakers shall be issued upon the following terms and conditions to any plant making application therefor on forms provided by the Wage and Hour Division: (a) All applications must be made upon official forms furnished on request by the Wage and Hour Division and must contain all information required by such forms. Any application which fails to present the information required by the form will not be considered by the Administrator or his authorized representative but will be returned to the applicant with a notation of deficiencies and without prejudice against submission of a new application. Any applicant may also submit such additional information as he may believe to be pertinent. (b) Special certificates shall authorize the employment of learners at subminimum rates where experienced workers are not available in the area from which the employer customarily draws his supply of labor. Investigations of local labor market conditions shall be made when necessary with the cooperation of public employment offices, employer associations, trade unions, and by field investigations of the Wage and Hour Division. Where the information furnished with requests for special certificates or where investigations made by the Division indicate that learners have been employed in such a manner as to create unfair competitive labor cost advantages for the applicant, or to depress working standards established for experienced workers for work of a like or comparable character in the industry, no certificate shall be issued. SECTION 522.101-POSTING NOTICE OF APPLICATION IN PLANT At the time of filing an application, the applicant must post a notice thereof on a form supplied by the Wage and Hour Division in a conspicuous place in each department of his plant where he proposes to employ learners at wages lower than the minimum wage applicable under Section 6 of the Fair Labor Standards Act. Such notice must contain all the information required therein and shall remain posted until such time as the application shall have been acted upon by the Administrator or his authorized representative. SECTION 522.102-NUMBER OF PROPORTION OF LEARNERS WHICH MAY BE AUTHORIZED Learners employed under the certificate shall not exceed at any one time 15 percent of the number of flower-makers, as defined in Section 522.109 (b), employed in the plant; provided, however, that where the number of flower-makers is six or less, two learners may be employed; where the number of flower-makers is more than six and less than fifteen, three learners may be employed, and where the number of flower-makers employed is fifteen or less than twenty, four learners may be employed; where the number of flower-makers is twenty or less than thirty, five learners may be employed; where the number of flower-makers is over thirty, as many as five learners or fifteen percent of the experienced flowernakers in the plant, whichever is greater, may be employed as learners. SECTION 522.103—OCCUPATION AT WHICH LEARNERS MAY BE EMPLOYED Learners may be employed only in the occupation of flower-maker including the following operations: Slipping-up, heading, tying, pasting, rosemaking, branching, and stemming. SECTION 522.104-LENGTH OF LEARNING PERIOD No worker shall be employed as a learner under the certificate after 160 hours' experience in the occupation of flower-making including any or all of the operations listed in Section 522.103. SECTION 522.105-WAGE RATES TO BE PAID LEARNERS Learners employed under special certificate shall be paid 75 percent of the minimum wage applicable to the products manufactured, pursuant to the Fair Labor Standards Act and the Administrator's Wage Orders, effective July 15, 1940. Where experienced operatives are paid piecework rates, learners shall be paid the same piecework rate and piece rate earnings if in excess of the subminimum rate. (See Section 522.115 for applicable minimum rate.) SECTION 522.106-DURATION OF CERTIFICATE ISSUED A special certificate shall be valid for a period of no more than six weeks after date of issue but no learner may be employed under the certificate for more than 160 hours at less than the applicable minimum rate. No more than two such special certificates shall be issued to any one plant within any twelve-month period. SECTION 522.107-PLANT COVERAGE OF SPECIAL CERTIFICATE No special certificate shall be applicable to more than one plant. SECTION 522.108 REVOCATION OF SPECIAL LEARNER CERTIFICATES (a) If it appears upon investigation or complaint that there is reasonable cause to cancel any special certificate, the Administrator or his authorized representative shall, after due notice, afford all interested parties an opportunity to be heard. After such hearing the Administrator or his authorized representative shall issue a determination as to whether the certificate shall be affirmed or cancelled. (b) No order cancelling any special certificate shall take effect until the expiration of the time allowed for the filing of a petition for review under Section 522.13, and, if a petition for review is filed thereunder the effective date of the cancellation shall be postponed until final action is taken on such petition, provided, however, that if the cancellation order is affirmed on review, the employer shall reimburse any person employed under the special certificate to the extent shown in paragraphs (d) and (e) of this section. (c) Any special certificate may be cancelled if it is found that it is not necessary to prevent a curtailment of opportunities for employment, provided, however, that where experienced workers become available after a certificate has been issued, the certificate may be cancelled insofar as future employment is concerned, or may be allowed to continue in effect, upon condition that the employer does not hire additional workers under it. In the absence of fraud or misrepresentation, learners already hired under a special certificate may be retained under its terms if the learning period extends beyond the date on which the certificate has been cancelled. (d) Any special certificate shall be cancelled as of the date of issue if it is found that the certificate has been obtained by fraud or misrepresentation or that learners have been employed thereunder in violation of the terms of the certificate. When a certificate has been obtained by fraud or misrepresentation, the employer shall be liable to the employee for wages established by the Act or the Administrator's Wage Orders as if no certificate had issued. (e) Any special certificate shall be cancelled as of the first date of violation if it is found that any of its terms have been violated, and the employer shall be liable to those employed under such certificate from the date of violation, for wages established by the Act and the Administrator's Wage Orders, as if no certificate had issued. SECTION 522.109- -DEFINITIONS (a) Definition of learner.-Only learners may be employed at a subminimum wage under certificates issued, and no learners may be employed as homeworkers. In these regulations the term "learner" means a person who has not been employed in the Artificial Flower and Feather Industry for more than 160 hours in the occupation of flower-maker engaged in any or all of the following operations: slipping-up, tying, pasting, head-making, rose-making, branching, and stemming. (b) Definition of experienced worker-An experienced worker for the purpose of these regulations is hereby defined as a person who has been employed in the Artificial Flower and Feather Industry as a flower-maker engaged in any or all of the operations of slipping-up, tying, pasting, head-making, rose-making, branching, and stemming, for more than 160 hours within the preceding three years. (c) Meaning of terms "available” and “experienced" as used in regulations.— The terms "available" and "experienced" as used in these regulations shall be construed in the following manner; that experienced workers should be available within the area from where the employer customarily draws his labor supply, or that such workers have in fact made themselves available to the employer at the plant or place of employment and have signified their readiness to accept or to continue in employment. Such workers should also possess the requisite 160 hours of employment within the preceding three years and also be productive to an average degree and capable of equalling the performance of a worker of average or ordinary skill and experience. The merits of particular cases involving availability and the definition of an experienced worker, which present singular or unusual facts and circumstances will be given due consideration. (d) Definition of Artificial Flower and Feather Industry.-The Artificial Flower and Feather Industry as used in these regulations means the manufacturing, processing, and fabrication of artificial flowers, buds, foliage, fruit plants, and feathers or parts thereof from any material; and the preservation and processing of natural flowers, foliage, and feathers. SECTION 522.110-DESIGNATION OF LEARNERS ON EMPLOYERS' RECORDS Each worker employed as a learner under a special certificate shall be designated as such on the pay-roll records kept by the employer. All persons so employed shall be listed together in a separate group on the pay-roll records kept by such employer and for each learner the occupation in which employed shall be shown. SECTION 522.111-REPORTS REQUIRED OF EMPLOYERS The employer holding a special certificate shall immediately upon employment of a learner fill out and forward to the Wage and Hour Division, Washington, D. C.. a special learner identification card, this form to be supplied by the Wage and Hour Division, containing information to be specified on the form identifying the learner and describing previous experience in the industry, if any. Failure to forward such cards shall be grounds for cancellation of any special certificate. SECTION 522.112-NOTICE OF ISSUANCE OR CANCELLATION OF SPECIAL CERTIFICATES Notice of the issuance or cancellation of each special certificate pursuant to these regulations shall be published in the Federal Register. SECTION 522.113-POSTING OF SPECIAL CERTIFICATE OR CANCELLATION THEREOF The employer shall post a copy of any special certificate issued to him in a conspicuous place in each department of the plant where learners are to be employed and shall also post a copy of any cancellation thereof. SECTION 522.114—AMENDMENT AND REVOCATION OF INDUSTRY LEARNER REGULATIONS The Administrator may at any time, upon his own motion or upon written request of any interested party setting forth reasonable grounds therefor, and after a hearing or other opportunity to interested persons to present their views, amend or revoke this regulation issued pursuant to Section 522.4 of the Regulaons Applicable to the Employment of Learners Pursuant to Section 14 of the Fair Labor Standards Act of 1938. [United States Department of Labor, Wage and Hour Division, New York, New York] TITLE 29-LABOR CHAPTER V-WAGE AND HOUR DIVISION PART 322-SECTIONS 522.200 To 522.211-REGULATIONS APPLICABLE TO THE EMPLOYMENT OF LEARNERS IN THE CIGAR INDUSTRY IN THE CONTINENTAL UNITED STATES The following Regulations, Part 522, Sections 522.200 to 522.211 (Regulations Applicable to the Employment of Learners in the Cigar Industry in the Continental United States) are hereby issued pursuant to Section 14 of the Fair Labor Standards Act of 1938, and Section 522.4 of Regulations, Part 522, as amended, issued thereunder, and shall become effective upon my signing the riginal and upon the publication thereof in the Federal Register, and shall Continue in force and effect until hereafter modified. Signed at New York, New York this 19th day of April 1944. L. METCALFE WALLING, Administrator, Wage and Hour Division, United States Department of Labor. Published in the Federal Register Saturday, April 22, 1944. SECTION 522.200-SCOPE OF THE REGULATIONS The following provisions are applicable to the employment of learners in the Cigar Industry in the continental United States 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. SECTION 522.201-CONDITIONS UPON WHICH SPECIAL LEARNER CERTIFICATES MAY BE GRANTED Upon application to the Administrator of the Wage and Hour Division, special Certificates authorizing the employment of learners at subminimum wage rates in the cigar industry may be issued, to the extent necessary in order to prevent curtailment of opportunities for employment, by the Administrator or his authorized representative under the following terms, when it appears that ex75017-48-pt. 1-28 |