Executive Order 9401—Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the Department of Agriculture, Including the War Food Administration

Whereas the Department of Agriculture, including the War Food Administration, is engaged in public-work activities within the United States which are essential to the prosecution of the war; and

Whereas there exists an acute shortage of laborers and mechanics; and

Whereas the efficient and speedy accomplishment of such activities requires that laborers and mechanics therefor be employed in excess of eight hours a day; and

Whereas, by section 1 of the act of August 1, 1892, 27 Stat. 340, as amended by the act of March 3, 1913, 37 Stat. 726 (U.S.C., title 40, sec. 321), the services of all laborers and mechanics employed by the Government of the United States upon any public work of the United States is limited to eight hours in any one calendar day, except in case of extraordinary emergency; and

Whereas I find that by reason of the foregoing an extraordinary emergency exists:

Now, Therefore, by virtue of the authority vested in me by section 1 of the said act of August 1, 1892, as amended by the said act of March 3, 1913, and as President of the United States, I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the Department of Agriculture, Including the War Food Administration, on any public work within the United States which is designated by the Secretary of Agriculture or the War Food Administrator as essential to the prosecution of the war: Provided, That the wages of all laborers and mechanics so employed by the Department of Agriculture, including the War Food Administration, shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours in any one day.

FRANKLIN D ROOSEVELT

The White House,
December 7, 1943.