regard to economic and competitive conditions, will not substantially curtail employment in the industry." Regional differentials, as such, are defiDIFFERENTIALS nitely prohibited by the law. However, the committees and the Administrator are required to give consideration to such factors as freight rates, cost of living, cost of production and wages established for like or comparable work by collective labor agreements in determining the rate for the various classifications. No differentials shall be made on the basis of age or sex. WAGE Even after issuance of a wage order, the Administrator is required by the act to reconvene the industry committee from time to time to make further recommendations. All wage orders go out of existence in 1945 when the 40-cent floor is established. CHILD LABOR No producer, manufacturer, or dealer, after October 24, 1938, may ship or deliver for shipment in interstate commerce any goods produced in an establishment which has employed "oppressive child labor" within 30 days of removal of goods. The existence of the Fair Labor Standards Act does not excuse failure to comply with any other Federal or State law fixing higher minimum wages or shorter maximum hours or setting higher standards for the employment of child labor. APPEALS Provision is made for the review of wage orders by appropriate United States Circuit Court of Appeals (32 Stat. 1060). PUBLICATIONS Pamphlet explaining the Fair Labor Standards Act of 1938. 15 pp. Rules and Regulations on administrative, executive or professional employees. Regulations: Applicable to Industry Committees On Records of Employers cate. Employment of Apprentices Employment of Learners Employment of Messengers Employment of Handicapped Persons Child Labor Regulations Determining Cost of Board, Lodging, and Other Facilities Pursuant to Section 3 (m) of the Fair Application for Special Handicapped Workers' Certifi Application for Special Apprentice Certificate. Various interpretative bulletins are issued from time to time explaining more specifically certain sections of the act. Fair Labor Standards Act of 1938. For further information, see publications of National Labor Relations Board, designated privately published. RULES OF PRACTICE No Rules of Practice issued. ADMINISTRATIVE AGENCIES Broadly speaking, all agencies of the Federal Government, except the President, Congress, and Courts, created to administer and enforce laws delegated to them by Congress, can be designated as "administrative agencies." However, this general statement is unsatisfactory in several particulars, for statutory definitions and judicial interpretations have made three rather standard classifications. First, it is quite clear that the meaning of "executive department" whenever used in Federal statutes invariably refers to the several executive departments referred to in Section 158 of the Revised Statutes.' Also, the term "executive agency" has been defined by special Congressional act for purposes of definition. Frequently reference is made to "executive agencies" as including all agencies exercising purely executive functions. Just what are executive functions in any specific case is very difficult to determine sometimes. Many agencies are exercising executive, legislative, quasijudicial, or regulatory functions, and in some instances, a combination of any two or three of them. Therefore in order to avoid any questionable classification, the Author has treated the ten main executive departments as a separate and distinct class of agencies under the heading of "executive departments." Second, with the exception of the executive departments, two other classifications have been employed. The first are those agencies, offices, or subdivisions of the more important type that act independently from, or under the jurisdiction of, the executive departments and are endowed with regulatory or quasi-judicial functions for the most part. All of the more important of the administrative agencies acting in a quasi-judicial manner are listed and discussed under the heading or classification given to them by the Supreme Court of the United States, to wit, "quasi-judicial agencies." The second are those agencies or bodies that do not conduct themselves in the same manner, and which are not empowered to exercise any important regulatory functions, as is the case of "quasi-judicial agencies." This latter group, as a rule, do not hold hearings, issue orders or decisions, and do not possess any enforcement powers. No right to appeal to, or review their action in, any specific court is provided for by statute. Speaking of administrative agencies generally, Roscoe Pound, formerly Dean of the Harvard Law School, recently made this interesting and pertinent observation with respect to them: "Almost every activity has been put under the control of some one of them, and that control tends constantly to increase, to be relieved of legal limitations, and be freed from effective judicial review.‘ Of all the bodies discussed under "administrative agencies," only three, namely, the Board of Governors of the Federal Reserve System, Railroad Retirement Board, and the United States Employees' Compensation Commission, have their action reviewed by specific appellate courts. Several organizations, such as the American National Red Cross, strictly speaking, are not Federal agencies, but they have been included because of their close connection with the administrative branch of the Government. See speech, "Some Implications of Recent Legislation," Vol. V, No. 3, Vital Speeches, Nov. 15, 1938, at page 90. In this connection, see also McFarland, "Administrative Agencies in Government and the Effect Thereon of Constitutional Limitations." (1934). CREATION AERONAUTICAL BOARD This Board was organized in 1916, by agreement of the Secretary of War and the Secretary of the Navy. The advisory powers of the Board have broadened from time to time by amendment of the original agreement. PURPOSE This agency is not to be confused with the Civil Aeronautics Authority. The Aeronautical Board is a part of the military authority. It was organized to prevent duplication of effort and to secure cooperation between the Army Air Corps and Naval Aviation. It is the coordinator of these two branches of the military service. ORGANIZATION The ex-officio Board members are the Chief and the Assistant Chief of the Army Air Corps, the Chief of the Bureau of Aeronautics, United States Navy, and the head of the Plans Division, United States Navy. There are two other members, one appointed by the Chief of Staff of the Army and the other by the Chief of Naval Operations. |