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Union Calendar No. 91 H. R. 7935

93D CONGRESS

18T SESSION

[Report No. 93–232]

IN THE HOUSE OF REPRESENTATIVES

May 21, 1973 Mr. Dent (for himself, Mr. PERKINS, and Mr. BURTON) introduced the fol

lowing bill; which was referred to the Committee on Education and Labor

May 29, 1973 Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend the Fair Labor Standards Act of 1938 to increase the

minimum wage rates under that Act, to expand the coverage of that Act, and for other purposes.

Be it enacted by the Senate and House of Representa

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2 tives of the United States of America in Congress assembled,

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SHORT TITLE; REFERENCES TO ACT

4 SECTION 1. (a) This Act may be cited as the “Fair 5 Labor Standards Amendments of 1973". 6 (b) Whenever in titles I, II, and III of this Act an 7 amendment or repeal is expressed in terms of an amendment 8 to, or repeal of, a section or other provision, the section or

9 other provision amended or repealed is a section or other

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1 provision of the Fair Labor Standards Act of 1938 (29

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SEC. 101. Section 6 (a) (1) (29 U.S.C. 206 (a) (1)) is

8 amended to read as follows:

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“(1) not less than $2 an hour during the period ending June 30, 1974, and not less than $2.20 an hour

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after June 30, 1974, except as otherwise provided in this

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section;”.

13 INCREASE IN MINIMUM WAGE RATE FOR NONAGRICUL

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TURAL EMPLOYEES COVERED IN 1966 AND 1973

15 SEC. 102. Section 6 (b) (29 U.S.C. 206 (b).) is 16 amended (1) by striking out “Every employer” and insert17 ing in lieu thereof " (1) Except as provided in paragraph 18 (2), every employer”, (2) by striking out “ (other than an 19, employee to whom subsection (a) (5) applies)”, (3) by in

20 serting or the Fair Labor Standards Amendments of 1973”

21 after “1966”; and (4) by striking out paragraphs (1) 22 through (5) and inserting in lieu thereof the following:

“ (A) not less than $1.80 an hour during the period

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(B) not less than $2 an hour during the year

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(C) not less than $2.20 an hour after June 30,

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1975.

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“(2) This subsection does not apply to

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“ (A) any employee to whom subsection : (a) (5)

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“(B) any employee who was brought within the

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purview of this section by the amendments to section 18 made by the Fair Labor Standards Amendments of

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1966, and

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" (C) any Federal employee employed in connection with the operation of a hospital, institution, or

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15 Subsection (a) (1) applies to the employees described in 16 subparagraphs (B) and (C).”

1.7 INCREASE IN MINIMUM WAGE RATE FOR AGRICULTURAL

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EMPLOYEES

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SEC. 103. Section 6 (a). (5) (29 U.S.C. 206 (a) (5)) is

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“(5) if such employee is employed in agriculture,

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“(A) $1.60 an hour during the period ending

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* (B) $1.80 an hour during the year beginning

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July 1, 1974;

" (C) $2 an hour during the year beginning

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July 1, 1975, and

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(D) $2.20 an hour after June 30, 1976.”

6 GOVERNMENT, HOTEL, MOTEL, RESTAURANT, FOOD SERVICE,

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AND CONGLOMERATE EMPLOYEES IN PUERTO RICO AND

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THE VIRGIN ISLANDS

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SEC, 104. Section 5 (29 U.S.C. 205) is amended by 10 adding at the end thereof the following new subsection:

“(e) The provisions of this section, section 6 (c), and 12 section 8 shall not apply with respect to the minimum wage 13

rate of any employee employed in Puerto Rico or the Virgin 14 Islands (1) by the United States or by the government of 15 the Virgin Islands, (2) by an establishment which is a 16 hotel, motel, or restaurant, (3) by any other retail or serv17 ice establishment which employs such employee primarily in 18 connection with the preparation or offering of food or bev19 erages for human consumption, either on the premises, or 20 by such services as catering, banquet, box lunch, or curb or 21 counter service, to the public, to employees, or to members 22

or guests of members of clubs, or (4) by an establishment 23 described in section 13 (g). The minimum wage rate of such 24 an employee shall be determined under this Act in the same 25 manner as the minimum wage rate for employees employed in

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a State of the United States is determined under this Act. As

2 used in the preceding sentence, the term “State' does not in3 clude a territory or possession of the United States."

4 INCREASES IN MINIMUM WAGE RATES FOR OTHER EM

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PLOYEES IN PUERTO RICO AND THE VIRGIN ISLANDS

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SEC. 105. (a) Effective on the date of the enactment of 7 the Fair Labor Standards Amendments of 1973, subsection 8 (c) of section 6 is amended by striking out paragraphs (2), (3), and (4) and inserting in lieu thereof the following:

" (2) (A) In the case of any such employee who is 11 covered by such a wage order and to whom the rate or rates 12 prescribed by subsection (a) (1) would otherwise apply, 13 the following rates shall apply (unless superseded by a wage 14 order issued under paragraph (6) and except as otherwise 15 provided by paragraph (8)): 16

“(i) Effective as prescribed in subparagraph (B),

the employee's base rate, increased by 25 per centum. .18

“(ii) Effective one year after the applicable effec-. 19

tive date of the increase prescribed by clause (i), not less 20 than the highest rate applicable to the employee on the

day before the effective date of the increase prescribed by 22 this clause, increased by an amount equal to 12.5 per 23 centum of the employee's base rate. 24 “(B) The effective date of the increase prescribed by 25 subparagraph (A) (i) shall be the sixtieth day following the

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