vessel, not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for all hours during such period when he was actually on duty (including periods aboard ship when the employee was on watch or was, at the direction of a superior officer, performing work or standing by, but not including off-duty periods which are provided pursuant to the employment agreement); or

[(5) if such employee is employed in agriculture, not less than $1 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966, not less than $1.15 an hour during the second year from such date, and not less than $1.30 an hour thereafter.]

(5) if such employee is employed in agriculture, not less than

(A) $1.60 an hour during the period ending June 30, 1974, B) $1.80 an hour during the year beginning July 1, 1974, (C) $2 an hour during the year beginning July 1, 1975, and (D) $2.20 an hour after June 30, 1976.

(b) [Every employer] (1) Except as provided in paragraph (2), every employer shall pay to each of his employees [(other than an employee to whom subsection (a) (5) applies)] who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this section by the amendments made to this Act by the Fair Labor Standards Amendments of 1966 or the Fair Labor Standards Amendments of 1973 wages at the following rates:

[(1) not less than $1 an hour during the first year from the effective date of such amendments,

[(2) not less than $1.15 an hour during the second year from such date,

[(3) not less than $1.30 an hour during the third year from such date,

[(4) not less than $1.45 an hour during the fourth year from such date, and

[(5) not less than $1.60 an hour thereafter.]

(A) not less than $1.80 an hour during the period ending June 30, 1974,

(B) not less than $2 an hour during the year beginning July 1, 1974, and

(C) not less than $2.20 an hour after June 30, 1975.

(2) This subsection does not apply to—

(A) any employee to whom subsection (a) (5) applies, (B) any employee who was brought within the purview of this section by the amendments to section 18 made by the Fair Labor Standards Amendments of 1966, and

(C) any Federal employee employed in connection with the operation of a hospital, institution, or school described in section 3(r) (1).

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

(c) (1) The rate or rates provided by subsections (a) and (b) of this section shall be superseded in the case of any employee in Puerto Rico or the Virgin Islands only for so long as and insofar as such employee is covered by a wage order heretofore or hereafter issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5.

[(2) In the case of any such employee who is covered by such a wage order and to whom the rate or rates prescribed by subsection (a) would otherwise apply, the following rates shall apply:

[(A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1966, increased by 12 per centum, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). Such rate or rates shall become effective sixty days after the effective date of the Fair Labor Standards Amendments of 1966 or one year from the effective date of the most recent wage order applicable to such employee theretofore issued by the Secretary pursuant to the recommendations of a special industry committee appointed under section 5, whichever is later. [(B) Beginning one year after the applicable effective date under paragraph (A), not less than the rate or rates prescribed by paragraph (A), increased by an amount equal to 16 per centum of the rate or rates applicable under the most recent wage issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1966, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C).

order

[(C) Any employer, or group of employers, employing a majority of the employees in an industry in Puerto Rico or the Virgin Islands, may apply to the Secretary in writing for the appointment of a review committee to recommend the minimum rate or rates to be paid such employees in lieu of the rate or rates provided by paragraph (A) or (B). Any such application with respect to any rate or rates provided for under paragraph (A) shall be filed within sixty days following the enactment of the Fair Labor Standards Amendments of 1966 and any such application with respect to any rate or rates provided for under paragraph (B) shall be filed not more than one hundred and twenty days and not less than sixty days prior to the effective date of the applicable rate or rates under paragraph (B). The Secretary shall promptly consider such application and may appoint a review committee if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance with any applicable rate or rates prescribed by paragraph (A) or (B) will substantially curtail employment in such industry. The Secretary's decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee appointed under this paragraph shall take effect on the applicable effective date provided in paragraph (A) or (B).

[(D) In the event a wage order has not been issued pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase provided by any such paragraph shall take effect on the effective date prescribed therein, except with respect to the employees of an employer who filed an application under paragraph (C) and who files with the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his employees of an amount sufficient to compensate such employees for the difference between the wages they actually receive and the wages to which they are entitled under this subsection. The Secretary shall be empowered to enforce such undertaking and any sums recovered by him shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected. Any such sum not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts.

[(3) In the case of any such employee to whom subsection (a) (5) or subsection (b) would otherwise apply, the Secretary shall within sixty days after the effective date of the Fair Labor Standards Amendments of 1966 appoint a special industry committee in accordance with section 5 to recommend the highest minimum wage rate or rates in accordance with the standards prescribed by section 8, but not in excess of the applicable rate provided by subsection (a) (5) or subsection (b), to be applicable to such employee in lieu of the rate or rates prescribed by subsection (a) (5) or subsection (b), as the case may be. The rate or rates recommended by the special industry committee shall be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days after the effective date of the Fair Labor Standards Amendments of 1966.

[(4) The provisions of section 5 and section 8, relating to special industry committees, shall be applicable to review committees appointed under this subsection. The appointment of a review committee shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to the provisions of subsection (a) of section 8, except that no special industry committee shall hold any hearing within one year after a minimum wage rate or rates for such industry shall have been recommended to the Secretary by a review committee to be paid in lieu of the rate or rates provided for under paragraph (A) or (B). The minimum wage rate or rates prescribed by this subsection shall be in effect only for so long as and insofar as such minimum wage rate or rates have not been superseded by a wage order fixing a higher minimum wage rate or rates (but not in excess of the applicable rate prescribed in subsection (a) or subsection (b)) hereafter issued by the Secretary pursuant to the recommendation of a special industry committee.]

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

(i) Effective as prescribed in subparagraph (B), the employee's base rate, increased by 25 per centum.

(ii) Effective one year after the applicable effective date of the increase prescribed by clause (i), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an amount equal to 12-5 per centum of the employee's base rate. (B) The effective date of the increase prescribed by subparagraph (A) (i) shall be the sixtieth day following the effective date of the Fair Labor Standards Amendments of 1973 or one year from the effective date of the most recent wage order applicable to the employee which the Secretary issued before the effective date of the Fair Labor Standards Amendments of 1973 pursuant to the recommendations of a special industry committee appointed under section 5, whichever is later.

(C) For purposes of this subsection, the term "base rate" means the rate applicable to an employee under the most recent wage order issued by the Secretary before the effective date of the Fair Labor Standards Amendments of 1973 pursuant to the recommendations of a special industry committee appointed pursuant to section 5.

(3) (A) In the case of any employee employed in agriculture who is covered by a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5 and to whom the rate or rates prescribed by subsection (a) (5) would otherwise apply, the following rates shall apply (unless superseded by a wage order issued under paragraph (6) and except as otherwise provided in subparagraph (B) or paragraph (8)):

(i) Effective as prescribed in subparagraph (C), the employee's base rate, increased by 15.4 per centum.

(ii) Effective one year after the applicable effective date of the increase prescribed by clause (i), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an an amount equal to 15.4 per centum of the employee's base rate. (iii) Effective one year after the applicable effective date of the increase prescribed by clause (ii), not less than the highest rate applicable to the employce on the day before the effective date of the increase prescribed by this clause, increased by an amount equal to 15.4 per centum of the employee's base rate. (B) Notwithstanding subparagraph (A) of this paragraph, in the case of any employee employed in agriculture who is covered by a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5, to whom the rate or rates prescribed by subsection (a) (5) would otherwise apply, and whose hourly wage is increased above the wage rate prescribed by such wage order by a subsidy (or income supplement) paid, in whole or in part, by the government of Puerto Rico, the following rates shall apply (except as otherwise provided in this subparagraph and in paragraph (8)):

ད

(i) Effective as prescribed in subparagraph (C), the employee's base rate, increased by (1) the amount by which the employee's hourly wage rate is increased above his base rate by the

subsidy (or income supplement), and (II) 15.4 per centum of the sum of the employee's base rate and the amount referred to in subclause (I).

(ii) Effective one year after the applicable effective date of the increase prescribed by clause (i), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an amount to 15.4 per centum of the sum of the employee's base rate and the amount referred to in subclause (I) of clause (i).

(iii) Effective one year after the applicable effective date of the increase prescribed by clause (ii), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an amount equal to 15.4 per centum of the sum of the employee's base rate and the amount referred to in subclause (I) of clause (i). Notwithstanding clause (i), (ii), or (iii) of this subparagraph, the minimum wage rate for any employee described in this subparagraph shall not be increased under such clause (i), (ii), or (iii) to a rate which exceeds the minimum wage rate in effect under subsection (a) (5).

(C) The effective date of the increase prescribed by subparagraphs (A) (i) and (B) (i) shall be the sixtieth day following the effective date of the Fair Labor Standards Amendments of 1973 or one year from the effective date of the most recent wage order applicable to the employee which the Secretary issued before the effective date of the Fair Labor Standards Amendments of 1973 pursuant to the recommendations of a special industry committee appointed under section 5, whichever is later.

(4)(A) Except as provided in section 5(e), in the case of any employee who is covered by a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5 and to whom this section was made applicable by the amendments made to this Act by the Fair Labor Standards Amendments of 1966, the following rates shall apply (unless superseded by a wage order issued under paragraph (6) and except as otherwise provided by paragraph (8)):

(i) Effective as prescribed in subparagraph (B), the employee's base rate, increased by 12.5 per centum.

(ii) Effective one year after the applicable effective date of the increase prescribed by clause (i), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an amount equal to 12.5 per centum of the employee's base rate.

(iii) Effective one year after the effective date of the increase prescribed by clause (ii), not less than the highest rate applicable to the employee on the day before the effective date of the increase prescribed by this clause, increased by an amount equal to 12.5 per centum of the employee's base rate.

(B) The effective date of the increase prescribed by subparagraph (A) (i) shall be the sixtieth day following the effective date of the Fair Labor Standards Amendments of 1973 or one year from the effective date of the most recent wage order applicable to the employee