Texas Attorney General Opinion: M-570 Page: 3 of 4
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Mr. Tonmy V. Smith, page 3, (M-570)
as to maximum hours and minimum wages and exclude other
employees as amended in Sec. 213. The Federal Act is
not in force and does not regulate those persons Sec.
213 exempts.
The words of the statute and their significance as used
may be determined with reference to the object and purpose
of the enactment, reading the intention and meaning of the
legislature from the statute as a whole, Oden v. Gates,
119 Tex. 76, 24 S.W.2d 381, 1930. Owens v. Stovall, 64
S.Wo2d 360 (Ct.Civ.App. 1933) err0 ref.; 53 Tex.Jur.2d
191, Sec. 130.
Consideration of the policy and the whole of the Texas
Minimum Wage Act of 1970 make it clear that the legislature
was primarily concerned in specifically excluding from Texas
regulations any employee protected or regulated by the
Federal Act. Those persons not included in Sec. 213 of
the Federal Act (Sec. 213) are subject to regulation of
the Texas Act, except where the Texas Act (Sec. 4[a])
specifically exempts some of these same individuals, e.g.,
certain telephone employees. The Texas Act seeks to avoid
conflict with the wage and hours regulations of Sections
206 and 207 of the Federal Act and to accomplish its purpose
by regulating those employees in areas which the Federal
Act has not pre-empted. Although a strict interpretation
of express exceptions is usually employed, it is axiomatic
that a statute may be liberally construed to effectuate the
general remedies sought.
The express exemption of Sec. 4(a) of the Texas Minimum
Wage Act of 1970 only exempts those employees which are
regulated, or covered bye the provisions of the Federal Fair
Labor Standards Act of 1938. Under this reasoning, it is
therefore the opinion of this office that motion picture
employees are not among those persons itTh he Federal Fair
Labor Standards Act "covers" and are therefore subject to
regulation by the Texas Minimum Wage Act of 1970.-2724-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-570, text, February 3, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269795/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.