New \(/age-Hour Interpretation of Overtime Starts

September 15th

Of great interest to all employers who employ overtime workers, is the interpretation of the Wage and Hour Administration on how it will interpret the Supreme Court's recent decision concerning overtime-on-overtime. Administrator W. R. McComb announces the following interpretation, which goes into effect September 15th:

"The act requires that an employer include in a worker's 'regular rate of pay' premium payments for work on Saturdays, Sundays, holidays, or at night as such, or when the premiums are paid without regard to the number of hours or days previously worked by the employee in the day or rvork-week. In addition, such premium payments may not be counted against the law's requirements of overtime for work in excess of 40 hours a week. However, if the extra payment for Saturday, Sunday, holiday or night work is made because the employee has previously worked a certain ,rurnb", of hours or days, the premium payments lvill be regarded as true overtime pay, need not be included in the regular rate, and can be counted against the overtime required in the law. Moreover, this standard will apply even though a contract may also contain a provision calling for premium payments for work on those days or hours as'such."

The "Wall Street Journal" explains this interpretation as follows :

"The Wage Hour Administration said that in applying the new principles the division will look not only to the terms of the applicable contract, but also at the actual practice of the parties under the contract. The mere fact that a contract calls for premium payments for work on Saturdays, Sundays, holidays and at night would not necessarily prove that the higher rate is paid because of undesirable working hours if, as a matter of fact, the actual praetice of the parties shows that the payments are made because the employees have previously worked a specified number of hours or days."

The "Journal" explains further:

"Suppose a union contract called for 60 cents an hour for lvork from 9 to 6, 5 days a week, 90 cents an hour for work at any other time, including week-ends, nights, and holidays. And suppose a worker who always worked from 9 to 6 Thursday through Monday with an hour off for lunch, put in some overtime on the week-end. The extra pay he regularly received for his Saturdays and Sundays work would have to be included in figuring his true houriy rate, and the overtime would be one and a half times this new rate.

"But suppose another worker in the same plant worked 9 to 6, Monday through Friday, and one week worked at night or on Saturday. The 90 cent rate provided in the contract would satisfy the overtime requirements pf the law. The statement said. the interpretation is merely the construction of the law which the administrator believes to be correct, and that the final say rests with the cdurts."

Ward d Hcrrington Lumber Co. Moves Genercl Oltice to Scnta Anq

On August 1 the general offices of the Ward & Harrington Lumber Co. were moved from Fullerton to 620 Yance Street, Santa Ana, Calif. The mailing address is Post Office Box 506, Santa Ana. Both Mr. Ward and Mr. Harringtoh will have offices there, as will tl-re general purchasing, sales and accounting departments, and all phone communications should be made at this address, Kimberly 22395 or 2-2396. The nerv location will be centrally located in Orange County where the company operates six yards.

Their Santa Ana retail yard r,vill be open about September 1 at 931 Poinsetta Street, just across the street from the general office. The phone numbers will be Klmberly 2-2397 and 2-2398.

Son oI Lumbermqn br Olympic Games

Bob Martin, son of Ross F. Martin, superintendent of the Defiance Lumber Co., Tacoma, Wash., was a member of the United States four-oared crew with coxswain which rowed at the Olympic Games in London. A member of the winning University of \\rashington jayvee crew at Poughkeepsie this year, he rvon the right to represent the U. S. in the trials at Princeton. N. Y.