CHAPTER 274

An Act to amend and reenact § 40-85, as amended, of the Code of
Virginia, relating to exceptions from regulations as to hours of work
for women.

[H 666]

Approved April 1, 1968

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. Exceptions.—(a) The preceding section (§ 40-34) and fol-
lowing section (§ 40-36) shall not be construed to apply to any business
establishment 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 apply to females whose full time is devoted to employment or employed:

(1) As bookkeepers, stenographers, cashiers or office assistants,
buyers, managers or assistant managers and office executives,

In factories engaged exclusively in canning, processing or pack-
ing fruits or vegetables during the fruit or vegetable seasons,
3 ik

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

(5) % 5 é

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

(7) me * 5

(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, Easter
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 pres-
ence of an unusually large or unexpected number of patrons, requires em-
ployees 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 be-
ginning and ending times and date of such operation, the basic hourly or
weekly wage of such employees and the additional compensation paid, or
to be paid, for such additional hours; and such employer requesting the
exemption shall send a copy thereof at the end of the work week to the
Commissioner.