Page:United States Statutes at Large Volume 52.djvu/1104

 52 STAT.] 7 5TH CONG., 3D SESS. -CH. 676-JUNE 25, 1938 prescribed in the applicable order of the Administrator issued under section 8, whichever is lower, and (4) at any time after the effective date of this section, not less than the rate (not in excess of 40 cents an hour) prescribed in the applicable order of the Administrator issued under section 8. (b) This section shall take effect upon the expiration of one hun- dred and twenty days from the date of enactment of this Act. MAXIMUM HOURS SEC. 7. (a) No employer shall, except as otherwise provided in this section, employ any of his employees who is engaged in com- merce or in the production of goods for commerce- (1) for a workweek longer than forty-four hours during the first year from the effective date of this section, (2) for a workweek longer than forty-two hours during the second year from such date, or (3) for a workweek longer than forty hours after the expira- tion of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (b) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed- (1) in pursuance of an agreement, made as a result of col- lective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand hours during any period of twenty-six consecutive weeks, (2) on an annual basis in pursuance of an agreement with his employer, made as a result of collective bargaining by repre- sentatives of employees certified as bona fide by the National Labor Relations Board, which provides that the employee shall not be employed more than two thousand hours during any period of fifty-two consecutive weeks, or (3) for a period or periods of not more than fourteen work- weeks in the aggregate in any calendar year in an industry found by the Administrator to be of a seasonal nature, and if such employee receives compensation for employment in excess of 12 hours in any workday, or for employment in excess of 56 hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. (c) In the case of an employer engaged in the first processing of milk, whey, skimmed milk, or cream into dairy products, or in the ginning and compressing of cotton, or in the processing of cotton- seed, or in the processing of sugar beets, sugar beet molasses, sugar- cane, or maple sap, into sugar (but not refined sugar) or into syrup, the provisions of subsection (a) shall not apply to his employees in any place of employment where he is so engaged; and in the case of an employer engaged in the first processing of, or in canning or packing, perishable or seasonal fresh fruits or vegetables, or in the first processing, within the area of production (as defined by the Administrator), of any agricultural or horticultural commodity dur- ing seasonal operations, or in handling, slaughtering, or dressing poultry or livestock, the provisions of subsection (a), during a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, shall not apply to his employees in any place of employment where he is so engaged. 1063 Poet, p. 1064. Rates prescribed in Administrator'sorder. Effective date. Maximum hours. Length of work- week. During first year. During second year. After second year. Compensation for overtime. Exceptions to re- striction on excess employment without overtime compensa- tion. Dairying, ginning of cotton, processing of sugar b eets, etc. Canning of perish- able fruits and vege- tables, etc.

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