HARLAN COUNTY COAL OPERATORS' ASSOCIATION _
HARLAN KENTUCKY
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October 22, 1938 7045 File - 1040
TO OPERATORS:
The Wage and Hour Division of the Department of Labor has made public its reg-
ulations having to do with defining the terms executive, administrative profes-
sional, etc., as used in the Wage—Hour Act, and I quote below the ruling of the _
Department as to the Executive and Administrative.
The term "employee employed in a bona fide executive (and administrative.......
capacity" in Section l5(a)(1) of the Act shall mean any employee whose primary
duty is the management of the establishment, or a customarily recognized de-
partment thereof, in which he is employed, and who has the authority to hire
and fire other employees or whose suggestions and recommendations as to the
hiring and firing and as to the advancement and promotion of any other change
of status of other employees will be given particular weight, and who customar-
ily and regularly exercises discretionary powers, and who does no substantial
amount of work of the same nature as that performed by non-exempt employees of
the employer, and who is compensated for his services at not less than $30
(exclusive of board, lodging or other facilities) for a workweek."
LOCAL RETAILINC CAPACITY
The term "employee employed in a bona fide...local retailing capacity" in
Section l5(a)(l) of the Act shall me8n any employee who customarily and reg-
ularly is engaged in making retail sales the greater part of which are in intra-
state commerce, or who performs work immediately incidental thereto, such as the
wrapping or delivery of packages, and who does no substantial amount of work of
the same nature as that performed by non-exempt employees of the employer."
CCEMISSARY CLERKS
As to this character of employee, our Counsel advises that commissary clerks who
are engaged exclusively in the retail sale of merchandise in the commissary are ‘
expressly exempted from the wage and hour provisions by Section l5(a)(l) and also
by another paragraph of Administrator Andrews' ruling above referred to and his
ruling also exempts any person you may have employed, if any, to deliver merchan-
dise from the commissary to purchasers in the camp.
Our Counsel is of the opinion that scrip, payroll and billing clerks, under a
literal interpretation of the Act, are covered by the wage and hour provisions.
Doubtless there will be further rulings from time to time.
éyvbbf Yours truly V
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