shop. The beauticians convey their tools to the floors on a cart. (Tr. 55-56).
The skills employed by the beauticians are cutting and styling hair on some of the elderly women patients who do not have or want long hair. In addition, 25% to 50% of their time is spent in the beauty shop giving permanents, hair sets, straightening and relaxing hair. (Tr. 60, 82). On occasion they shampoo a patient (Tr. 60), and do nail polishing and nail filing (Tr. 179) when requested. Many of the women patients need to be shaved; the beauticians shave them with an electric razor. (Tr. 58, 73-74). The beauticians neither cut the hair nor shave the male patients.
The skills used by the barbers are strictly barbering the hair of all the male patients except four or five. (Tr. 101-102). They do not shave the men as a general rule. The hospital aides shave the men; on occasion the barbers will help out if there is a problem. (Tr. 16, 21, 30, 47, 118-119). One half to two hours every two weeks they teach the hospital aides how to shave. Hair cutting is done on the floors and in the barber shop.
The barbers are not trained to give permanents and hair sets. They are not trained to straighten hair. They do not shampoo or manicure patients or use chemical lotions. They do not cut the hair of female patients. They are not trained to cut female hair or to apply beauty techniques. (Tr. 41-42). Cutting the hair of ladies requires a substantially different skill than cutting the hair of men.
Both barbers and beauticians perform their work under similar working conditions. Both report scalp diseases to hospital nurses. Both perform their respective skills for bedridden patients and those in geriatric chairs. At the end of each day both clean their tools and do some light cleaning of their respective shops.
The duties performed by the barbers and beauticians are different in that the occupations are different; each craft has different duties and different work performance, expectations, effort and responsibilities, as classified; each requires a special independent course of study and a separate license from the Commonwealth of Pennsylvania.
Not only do barbers and beauticians at the hospital perform different duties involving different skills, they expend different efforts in performing their different techniques. Unlike the barbers, the beauticians use several tools in addition to the basic scissors, clippers and combs which use requires more effort of performance. In addition barbers on an average spend ten to twenty minutes cutting the hair (Tr. 27) of a male patient, whereas a beautician spends thirty to forty minutes to complete a hair straightening process (Tr. 75), and one hour to an hour and fifteen minutes to give a hair set (Tr. 78). The time spent by the two crafts per patient is clearly unequal, thus requiring unequal effort in performing different work.
The responsibility of barbers is to cut the hair of over 700 male patients. (Tr. 101-102). The responsibility of the beauticians is to cut the hair and perform additional beauty skills to the female patients who need or request their services. (Tr. 66-67, 126-127). It is noted that one of the beauticians, Beatrice Adams, was off for 35 consecutive days (October 23 through December 1, 1972) and apparently it was unnecessary to hire a substitute. (DXF). The beauticians, unlike the barbers, do not have the responsibility to serve every female patient in the hospital. Female patients with long hair do not receive haircuts; not all request beauty techniques.
During the period in which violations are alleged to have occurred, the female beauticians were paid $165.00 a month less than the male barbers. (Tr. 6) (DXD).
At all times relevant, the defendant was aware of the provisions of the Act as amended.
CONCLUSIONS OF LAW
The court has jurisdiction of the parties and the subject matter of this cause of action pursuant to the provisions of the Fair Labor Standards Act of 1938, as amended. (29 U.S.C. 201 et seq.) (Tr. 6).
Defendant's employees, as described herein, were "engaged in commerce" and "in the production of goods for commerce" and included employees handling or otherwise working on such goods within the meaning of the Act. (Tr. 6).
Defendant is an enterprise engaged in commerce and in the production of goods for commerce within the meaning of sections 3(s)(4) of the Act under the Fair Labor Standards Act Amendments of 1966 (80 Stat. 830), 29 U.S.C. 203(s) (4). (Tr. 6).
The work performed by the barbers is substantially different than the work performed by the beauticians in that each is a separate and distinct profession; each requires a special, independent course of study; each requires a separate license from the Commonwealth of Pennsylvania, and each have different skills, duties, work performance and responsibilities, and each exerts unequal effort in the performance of their jobs.
The wages paid to barbers and beauticians are not relevant to the purpose of the Act; the occupations are not substantially similar; they are two different jobs, not one job being done by employees of both sexes, and therefore not equal within the purview of the Act.
The differential is based on a factor other than sex. See exception (iv), footnote 1.
Congress has not provided that when employees of one sex are members of a licensed profession unrestricted as to sex and provide more skill and effort than do employees of the opposite sex who are members of another licensed profession unrestricted as to sex, their common employer must provide equal pay.
The defendant is not in violation of the Act. The complaint should be dismissed and judgment entered in favor of the defendant.