Page:United States Statutes at Large Volume 52.djvu/1102

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52 STAT.] 75TH CONG., 3D SESS.-CH. 676-JUNE 25, 1938 1061 (i) "Goods" means goods (including ships and marine equipment) "Goods." wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical posses- sion of the ultimate consumer thereof other than a producer, manufac- turer, or processor thereof. (j) "Produced" means produced, manufactured, mined, handled, "Produced." or in any other manner worked on in any State; and for the purposes of this Act an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other man- ner working on such goods, or in any process or occupation necessary to the production thereof, in any State. (k) "Sale" or "sell" includes any sale, exchange, contract to sell, "sale"or"sell." consignment for sale, shipment for sale, or other disposition. (1) "Oppressive child labor" means a condition of employment ,".ppressive child under which (1) any employee under the age of sixteen years is r employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufac- turing or mining) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Chief of the Children's Bureau in the Department of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detri- mental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Chief of the Children's Bureau certifying that such person is above the oppressive child-labor age. The Chief of the Children's Bureau shall provide by regulation or by order that the employment of employees between the ages of fourteen and sixteen years in occupa- tions other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Chief of the Children's Bureau determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being. (m) "Wage" paid to any employee includes the reasonable cost, as "Wae- determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodg- ing, or other facilities are customarily furnished by such employer to his employees. ADMINISTRATOR SEO. 4 . (a) There is hereby created in the Department of Labor a ageandH ou Di - Wage and Hour Division which shall be under the direction of an partmoent ofLabor. Administrator, to be known as the Administrator of the Wage and PO d P.1139. Hour Division (in this Act referred to as the "Administrator"). The Administrator, ap- Administrator shall be appointed by the President, by and with the pensation. advice and consent of the Senate, and shall receive compensation at the rate of $10,000 a year. (b) The Administrator may, subject to the civil-service laws, P'snC5erv631- appoint such employees as he deems necessary to carry out his func- 661-674; Supp. MI, tions and duties under this Act and shall fix their compensation in " 673, 673c. accordance with the Classification Act of 1923, as amended. The Regional, etc., Administrator may establish and utilize such regional, local, or other agencies. agencies, and utilize such voluntary and uncompensated services, as