CHAPTER 91

An Act to amend and. reenact § 40-85, as amended, of the Code of Vir-
ginia, setting forth exceptions | to the provisions regulating hours of
work for women. a

. [H305]

Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 40-35, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 40-35. (a) The preceding section (§ 40-84) and following sec-
tion (§ 40-36) shall not be construed to apply to any business establish-
ment in this State meeting the requirements of the federal Fair Labor
Standards Acts (29 U.S.C. § 201 et seq.) with respect to hours, wages
and record keeping for female employees eighteen years of age or older.

(b) Nothing in the preceding section (§ 40-34) shall be construed
to (apt apply to females whose full time is devoted to employment or em-
ployed

(1) As bookkeepers, stenographers, cashiers or office assistants, buy-
ers, managers or assistant managers and office executives,

(2) In factories engaged exclusively in canning, processing or pack-
ing fruits or vegetables during the fruit or vegetable seasons,

(3) In the handling or redrying of leaf tobacco during the tobacco
market seasons, or. in‘shelling or cleaning of peanuts or in shucking and
packing oysters and clams, and picking and packing crab meat, or in the
dressing or processing of poultry or meat, provided such females are not
employed more than ten hours in any one period of twenty-four consecu-
tive hours, or not more than ninety days in any one calendar year, and
not more than sixty hours in any seven consecutive day period,

(4) In mercantile establishments, exclusive of their restaurant
operations or department, in towns of less than two thousand or in coun-
ties having a population of less than fifty thousand inhabitants,

(5) In any hospital, whenever an emergency situation exists, where-
by strict compliance with this article might reasonably be calculated to
jeopardize the lives or health of persons relying upon such hospital for
care or treatment,

(6) As qualified, registered technicians or as the practitioner of a
profession regulated by the State,

(7) In any manufacturing establishments or public utilities where
the Commissioner finds that the limitations of .§40-34 would unneces-
sarily hinder or restrict multiple shift operations and where the actual
hours and period of work do not constitute a hazard to the health and
welfare of the employees,

(8) In florist shops and greenhouses for as many ‘as, but not in ex-
cess of, ten hours in any twenty-four consecutive hour period for three
days preceding and on February fourteenth, December twenty-fifth, Eas-
ter Sunday and Mothers’ Day, or

(9) In developing or printing of amateur photographic film for as
many as, but not in excess of, ten hours in any twenty-four consecutive
hour period, for three working days following December twenty-fifth,
January one, Easter Sunday, July fourth and Labor Day, or

(10) In hotel dining rooms and other food service establishments,
whose principal business is preparing and serving food for on-premises
consumption, the Commissioner may grant in advance or approve there-
after exemptions in specific cases when he finds that an emergency has
occurred or does exist which, in order to serve the public, due to the
presence of an unusually large or unexpected number of patrons, requires
employees to exceed the number of hours fixed for employment for any
one day or for any one week. A record shall be kept by the employer
whenever he operates under any such exemption, which records shall
show the beginning and ending times and date of such operation, the
basic hourly or weekly wage of such employees-and the additional com-
pensation paid, or to be paid, for such additional hours; and such em-
ployer requesting the exemption shall send a copy. thereof at the end of
the work week to the Commissioner.