(4) to violate any of the provisions of section 212 of this title;

(5) to violate any of the provisions of section 211 (c) of this title, or any regulation or order made or continued in effect under the provisions of section 211 (d) of this title or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect.

(b) For the purposes of subsection (a) (1) proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods. June 25, 1938, c. 676, Sec. 15, 52 Stat. 1068, as amended Oct. 26, 1949, c. 736, Sec. 13, 63 Stat. 919."

"S 216. Penalties; civil and criminal liability

(a) Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection.

(b) Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.

(c) The Administrator is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee

39888 0-54-pt. 10A——33

or employees under section 206 or section 207 of this title, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. When a written request is filed by any employee with the Administrator claiming unpaid minimum wages or unpaid overtime compensation under section 206 or section 207 of this title, the Administrator may bring an action in any court of competent jurisdiction to recover the amount of such claim: Provided, That this authority to sue shall not be used by the Administrator in any case involving an issue of law which has not been settled finally by the courts, and in any such case no court shall have jurisdiction over such action or proceeding initiated or brought by the Administrator if it does involve any issue of law not so finally settled. The consent of any employee to the bringing of any such action by the Administrator, unless such action is dismissed without prejudice on motion of the Administrator, shall constitute a waiver by such employee of any right of action he may have under subsection (b) of this section for such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. Any sums thus recovered by the Administrator on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the Administrator, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Administrator under this subsection for the purposes of the two-year statute of limitations provided in section 255(a) of this title, it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action. June 25, 1938, c. 676, Sec. 15, 52 Stat. 1068 as amended Oct. 26, 1949, c. 736, Sec. 13, 63 Stat. 919."

Note:

Sec. 217 relates to proceedings
for injunction and is not re-
produced.

No provision of sections 201-219 of this title or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under such sections or a maximum workweek lower than the maximum workweek established under such sections, and no provision of sections 201-219 of this title relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under such sections. No provision of sections 201-219 of this title shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under sections 201-219 of this title, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under such sections. June 25, 1938, c. 676, Sec. 18, 52 Stat. 1069."

APPENDIX 11

THE UNITED STATES

ELECTRICAL MANUFACTURING INDUSTRY

AND

ITS RELATION TO THE

SECURITY, HEALTH, SAFETY AND WELFARE

OF THE COUNTRY

STONE & WEBSTER ENGINEERING CORPORATION

1364

THE UNITED STATES ELECTRICAL MANUFACTURING INDUSTRY AND ITS RELATION TO THE SECURITY, HEALTH, SAFETY AND WELFARE OF THE COUNTRY

SUMMARY

The conclusions contained in this report of Stone & Webster Engineering Corporation as to the dependence of the security, health, safety and welfare of the United States upon the use of domestic-built electrical products have been summarized by Stone & Webster as follows:

THE ELECTRICAL INDUSTRY IN THE UNITED STATES
AND ITS PLACE IN THE U. S. ECONOMY

The economy of this country, its great productivity and high standard of living, is dependent upon electric power and the proper equipment to use it. The extraordinary development of the U. S. economy has been made possible by the U. S. electric utility industry expanding its capacity and by the U. S. electrical manufacturing industry developing and producing the equipment for generating, transmitting and distributing electric power and for using it effectively and economically.

From 1946 through 1955, the electrical industry will have produced and put in service more electrical equipment than in the previous 70-odd years of its history. The generating capacity scheduled to be in place by 1955 will be more than double the 1946 capacity.

The continuous and uninterrupted supply of adequate electric power is essential to the industrial, agricultural and domestic economy and health of this country. Without such power the expansion of industry, the growth of agriculture and the improvement in the standard of living which have taken place would not have been possible.

RESEARCH, DEVELOPMENT AND SERVICES PERFORMED BY

THE U. S. ELECTRICAL MANUFACTURING INDUSTRY

The great progress made in the United States in the use of electricity is due to the recognition of the great potential of this form of energy by users and producers of electrical equipment and their continuous cooperative effort to develop the equipment necessary to realize this potential.

There is intense competition among U. S. manufacturers to develop new and better equipment. This continuous development is accomplished with the funds of private companies, without government subsidy.

Standards for equipment are established which maintain that high degree of reliability and high quality of electrical service accepted as commonplace in this country.

Progress in establishing international standards has been slow as U. S. representatives, at meetings held for this purpose, have refused to lower U. S. standards and European representatives, seemingly content with their lower standards, have declined to raise their standards to our level.