Page:United States Statutes at Large Volume 63 Part 1.djvu/951

 63 STAT.] 81ST GONG. , 1ST SESS.-CH. 736-OCT. 26, 1949 longer than forty hours, 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 employ- ment prescribed therein if such employee is so employed- "(1) in pursuance of an agreement, made as a result of collec- tive 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 and forty hours during any period of twenty-six consecutive weeks; or "(2) in pursuance of an agreement, made as a result of collec- tive bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that during a specified period of fifty-two consecutive weeks the em- ployee shall be employed not more than two thousand two hundred and forty hours and shall be guaranteed not less than one thousand eight hundred and forty hours (or not less than forty-six weeks at the normal number of hours worked per week, but not less than thirty hours per week) and not more than two thousand and eighty hours of employment for which he shall receive compensation for all hours guaranteed or worked at rates not less than those appli- cable under the agreement to the work performed and for all hours in excess of the guaranty which are also in excess of forty hours in the workweek or two thousand and eighty in such period at rates not less than one and one-half times the regular rate at which he is employed; 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 twelve hours in any workday, or for employment in excess of fifty- six 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, buttermilk, whey, skimmed milk, or cream into dairy products, or in the ginning and compressing of cotton, or in the processing of cot- tonseed, or in the processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap, into sugar (but not refined sugar) or into sirup, 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 process- ing, within the area of production (as defined by the Administrator), of any agricultural or horticultural commodity during seasonal opera- tions, 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. "(d) As used in this section the 'regular rate' at which an employee is employed shall be deemed to include all remuneration for employ- ment paid to, or on behalf of, the employee, but shall not be deemed to include- "(1) sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency; 81939° -50-PT. -- 58 913 Overtime compen- sation. Exceptions tore- striction on excess em- ployment without overtime compensa- tion. Ante, p. 912. Dairying, cotton ginning, and process- ng o sugar beets, etc. Canning or packing of agricultural or hor- ticultural commodity, etc. "Regular rate." Exclusions. Gifts.

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