OFFICE OF THE AT-iORNEY GENERAL OF TEXAS
AUSTf PI
.
ffonorable John D. Reed, Commissioner
Bureau OS Labor Statlstlcs
Austin, Texas
Dear Sir;
_’ thin ode OS
in excess of nine per day. However, the exemption
as provided for in Section 6 makes no mention of
rates of pay. Please advise me whether or not suoh
manusacturers OS cotton goods who come within the
jurisdiction of one of the three Federal Aats men-
tioned in Section 6 are eligible for an exemption
under same and if they ape eligible under the pro-
viaiona of Section 6, would the exemption as provided
Honorable John D, Reed, page 2
for InSectIon 3 control the rate of wages or vould
such an exemption, if granted under Section 6, exempt
these manufacturers of cotton goods from the provi-
sions of paying double time for those hours in ex-
cesa of nine.
A. . . . ”
?ection 3 of Senate Bill Ro.~l29, Aate of the 48th
Legislature, reads as follows:
%o Selnale shall be employed in any factory en-
gaged In the raenufacture of cotton, woolen or worst-
ed goods .or artiales of merchandise manufactured out
of cotton goods for more than ten (10) hours in any
one oalendar day, nor more than sixty (60) hours in
any one calendar week, If such female is employed
for more than nine (9) hours in any one day she
shall receive pay at the rate OS double her regular
pay for such time as she may be employed for more
than nine (9) hours per day,”
Section 6 of Senate Bill 129, Aota OS the 48th Legisla-
ture, reads as Solloma:
‘In addition to the foregoing exemptions, ln
time of war and/or when the kresident of the United
States proalcrims a state of national emergency to
exist, female workers employed in industries coming
within the jurisdiction OS the Pair Labor Standards
Act of 1938 and amendments thereto, the Act OS June
30th, 1936, C. 881, 49 statute 2036, U. 5. Code,
Supplement II, Title 41, Paragraph 35-45, as auended
by Act of Nay 13, 1942, Public 1~0. 552, 77th Congress,
2nd Session, commonly known as the Walsh-Healey Act,
or the Act of Darth 3, 1931, C. 441, 46 Statute
1494, as amended August 30, 1935, C. 825, 49 Stat-
ute 1011, u. 3. Code Title 40, Paragraph 276~ and
Supplement V, Title 40, Paragraph 276A-2768-6, com-
monly known as the Bacon-Davis Act, are exempted
from the provisions OS Seotions 1, 2, 3, 4, 5$ and
13 of this Act, and female workers in such industries
may be employed not exceeding ten (10) hours per day
provided such hours of employment in such industries
are not injurious to the health or morals OS female
Honorable- John D. Reed, page 3
63
employees, or working such hours does not add to
the hqzards OS their occupations and such hours of
employment are in the publio interest. Provided,
however, that in time of war and/or when the Presi-
dent of tha United States proclaims a state of nat-
ional emergency to exist, all female office employees
of such employers coming within the purview OS Seo-
tion.6 hereof are exempt from the provisions of this
Act.”
The above ousted provisions of Section 6 are plain
and nnambiguous and expressly provide that female workers em-
ployed lxi industries coming within the jurisdiction of one of
the three Federal Acts above mentioned are exempt from the
provisions OS Sections 1;,2, ,3, 4, 5 and 13 of this Act.
~1t.i~ therefore our opinion that manuSacturers OS
cotton 9oods who come within the jurisdiction OS one of the
three Federal Acts mentioned in Section 6 of Senate Bill 129
are eligible for an exemption under same, both as to hours
of labor and overtime wages.
Very truly your5
AZTORHEY
G’JBBRALOF TEXAS
BY pz. huq.-l.
J. C. Davis, Jr.
Assistant
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