Sidebilder
PDF
ePub

1

9

"(4) In the case of any employee employed in agricul

2 ture who is covered by a wage order issued by the Secretary 3 pursuant to the recommendations of a special industry com4 mittee appointed pursuant to section 5 and whose hourly 5 wage is increased above the wage rate prescribed by such 6 wage order by a subsidy (or income supplement) paid, in 7 whole or in part, by the government of Puerto Rico, the fol8 lowing rates shall apply:

9

10

11

12

13

14

15

16

17

18

19

"(A) The rate or rates applicable under the most recent such wage order issued by the Secretary, increased by (i) the amount by which such employee's hourly wage is increased above such rate or rates by the

subsidy (or other income supplement), and (ii) $0.20. "(B) Beginning one year after the effective date of the Fair Labor Standards Amendments of 1973, the provisions of subparagraph 2 (C) and 2 (D) of this subsection shall apply.".

66

(e) Section 6 (e) is amended to read as follows:

'(e) Notwithstanding the provisions of section 13 of 20 this Act (except subsections (a) (1) and (f) thereof), 21 every employer providing any contract services under a 22 contract with the United States or any subcontract there23 under shall pay to each of his employees whose rate of pay 24 is not governed by the Service Contract Act of 1965 (41

10

1 U.S.C. 351-357), as amended, or to whom subsection (a) 2 of this section is not applicable, wages at rates not less than

3 the rates provided for in subsection (b) of this section.”.

4

(f) Section 6 of such Act is amended by adding at the 5 end thereof the following new subsection:

6

"(f) Every employer who in any workweek employs 7 any employee in domestic service in a household shall pay 8 such employee wages at a rate not less than the wage rate in 9 effect under subsection (b) of this section, unless such em10 ployee's compensation for such service would not, as deter11 mined by the Secretary, constitute 'wages' under section 209 12 of the Social Security Act.".

13

14

MAXIMUM HOURS

SEC. 4. (a) Section 7 of the Fair Labor Standards Act 15 of 1938, as amended, is amended by striking out subsections 16 (a), (c), and (d) and inserting in lieu thereof the following 17 new subsection (a):

18

"(a) No employer shall employ any of his employees 19 who in any workweek is engaged in commerce or in the 20 production of goods for commerce, or is employed in an en21 terprise engaged in commerce or in the production of goods 22 for commerce, for a workweek longer than forty hours 23 unless such employee receives compensation for his employ24 ment in excess of the hours above specified at a rate not

11

1 less than one and one-half times the regular rate at which

2 he is employed.".

3 (b) (1) Subsections (e), (f), (g), (h), (i), and (j)

4

5

6

of section 7 of such Act, are redesignated as subsections (c),

(d), (e), (f), (g), and (h), respectively.

(2) Subsection (e) (as redesignated by paragraph

7 (1)) of section 7 of such Act is amended by striking out 8 "(e)" in the text of such subsection (e) and inserting in 9 lieu thereof "(c)".

10

(3) Subsection (f) (as redesignated by paragraph

11 (1)) of section 7 of such Act is amended by striking out 12"(e)" in the text of such subsection (f) and inserting in lieu 13 thereof "(c)".

14 (c) Section 7 of such Act is amended by adding at the 15 end thereof the following new subsections:

16 "(i) No State or political subdivision of a State shall 17 be deemed to have violated subsection (a) with regard 18 to any employee engaged in fire protection or law enforce19 ment activities (including security personnel in correctional 20 institutions) if, pursuant to an agreement or understanding 21 arrived at between the employer and the employee before 22 performance of the work, a work period of twenty-eight con23 secutive days is accepted in lieu of the workweek of seven 24 consecutive days for purposes of overtime computation and

90-988 O 73 - 2

12

12

1 if the employee receives compensation at a rate not less than

2

one and one-half times the regular rate at which he is em

3 ployed for his employment in excess of—

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

19

"(1) one hundred and ninety-two hours in each

such twenty-eight day period during the first year from the effective date of the Fair Labor Standards Amend

ments of 1973;

66

(2) one hundred and eighty-four hours in each

such twenty-eight day period during the second year from such date;

"(3) one hundred and seventy-six hours in each such twenty-eight day period during the third year from such date;

66

(4) one hundred and sixty-eight hours in each

such twenty-eight day period during the fourth year from such date; and

"(5) one hundred and sixty hours in each such twenty-eight day period thereafter.

66

"(j) In the case of an employee of an employer engaged 20 in the business of operating a street, suburban or interurban

21 electric railway, or local trolley or motorbus carrier (regard22 less of whether or not such railway or carrier is public or

23

23

private or operated for profit or not for profit) in determin24 ing the hours of employment of such an employee to which 25 the rate prescribed by subsection (a) applies there shall be

13

13

1 excluded the hours such employee was employed in charter
2 activities by such employer if (1) the employee's employ-
3 ment in such activities was pursuant to an agreement or
4 understanding with his employer arrived at before engaging
5 in such employment, and (2) if employment in such activi-
6 ties is not part of such employee's regular employment.

7

8

PROOF OF AGE REQUIREMENT

SEC. 5. Section 12 of the Fair Labor Standards Act of 9 1938, as amended, is amended by adding at the end thereof 10 the following new subsection:

11

"(d) In order to carry out the objectives of this section, 12 the Secretary may by regulation require employers to obtain 13 from any employee proof of age."

14

EXEMPTIONS

15 SEC. 6. (a) (1) Section 13 (a) (1) of such Act is 16 amended by striking out everything after the words "Ad17 ministrative Procedure Act" and before "; or".

[blocks in formation]

(2) Section 13 (a) (2) of such Act is amended to read

as follows:

"(2) any employee employed by any retail or service establishment (except an establishment or employee engaged in laundering, cleaning, or repairing clothing

or fabrics or an establishment engaged in the operation

of a hospital, institution, or school described in section

« ForrigeFortsett »