The child labor coverage provisions contained in sections 12(a) and
12(c) of the Act may be jointly applicable in certain situations. For
example, a manufacturer of women's dresses who ships them in interstate
commerce, employs a minor under 16 years of age who gathers and bundles
scraps of material in the cutting room of the plant. Since the
employment of the minor under such circumstances constitutes oppressive
child labor and involves the production of goods for commerce, the
direct prohibition of section 12(c) is applicable to the case. In
addition, section 12(a) also applies to the manufacturer if the dresses
are removed from the establishment during the course of the minor's
employment or within 30 days thereafter. To illustrate further, suppose
that a transportation company employs a 17-year-old boy as helper on a
truck used for hauling materials between railroads and the plants of its
customers who are engaged in producing goods for shipment in commerce.
The employment of the minor as helper on a truck is oppressive child
labor because such occupation has been declared particularly hazardous
by the Secretary for children between 16 and 18 years of age. Since his
occupation involves the transportation of goods which are moving in
interstate commerce, his employment in such occupation by the
transportation company is, therefore, directly prohibited by the terms
of section 12(c). If the minor's duties in this case should, for
example, include loading and unloading the truck at the establishments
of the customers of his employer, then the provisions of section 12(a)
might be applicable with respect to such customers. This would be true
where any goods which they produce and ship in commerce are removed from
the producing establishment within 30 days after the minor's employment
there.
