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1 "NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL

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GOVERNMENT EMPLOYMENT

"SEC. 15. (a) All personnel actions affecting employ4 ees or applicants for employment (except with regard to 5 aliens employed outside the limits of the United States) in 6 military departments as defined in section 102 of title 5, 7 United States Code, in executive agencies (other than the 8 General Accounting Office) as defined in section 105 of title 9 5, United States Code (including employees and applicants 10 for employment who are paid from nonappropriated funds), 11 in the United States Postal Service and the Postal Rate Com12 mission, in the government of the District of Coumbia hav13 ing positions in the competitive service, and in those units of 14 the legislative and judicial branches of the Federal Govern15 ment having positions in the competitive service, and in the 16 Library of Congress shall be made free from any discrimi17 nation based on age.

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"(b) Except as otherwise provided in this subsection, 19 the Civil Service Commission is authorized to enforce the 20 provisions of subsection (a) through appropriate remedies, 21 including reinstatement or hiring of employees with or with22 out backpay, as will effectuate the policies of this section. 23 The Civil Service Commission shall issue such rules, regu24 lations, orders, and instructions as it deems necessary and

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1 appropriate to carry out its responsibilities under this section.

2 The Civil Service Commission shall

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"(1) be responsible for the review and evaluation

of the operation of all agency programs designed to carry

out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress re7 ports from each such department, agency, or unit; and "(2) consult with and solicit the recommendations

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of interested individuals, groups, and organizations relating to nondiscrimination in employment on account of

age.

12 The head of each such department, agency, or unit shall 13 comply with such rules, regulations, orders, and instructions 14 which shall include a provision that an employee or applicant 15 for employment shall be notified of any final action taken 16 on any complaint of discrimination filed by him thereunder. 17 Reasonable exemptions to the provisions of this section may 18 be established by the Commission but only when the Com19 mission has established a maximum age requirement on the 20 basis of a determination that age is a bona fide occupational 21 qualification necessary to the performance of the duties of 22 the position. With respect to employment in the Library of 23 Congress, authorities granted in this subsection to the Civil

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1 Service Commission shall be exercised by the Librarian of

2 Congress.

3 "(c) Any persons aggrieved may bring a civil action

4 in any court of competent jurisdiction for such legal or equi

5 table relief as will effectuate the purposes of this Act.

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"(d) When the individual has not filed a complaint 7 concerning age discrimination with the Commission, no civil 8 action may be commenced by any individual under this sec9 tion until the individual has given the Commission not less 10 than thirty days' notice of an intent to file such action. Such 11 notice shall be filed within one hundred and eighty days after 12 the alleged unlawful practice occurred. Upon receiving a 15 notice of intent to sue, the Commission shall promptly notify 14 all persons named therein as prospective defendants in the 15 action and take any appropriate action to assure the elimina16 tion of any unlawful practice.

17: "(e) Nothing contained in this section shall relieve any 18 Government agency or official of the responsibility to assure 19 nondiscrimination on account of age in employment as re 20 quired under any provision of Federal law.".

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EFFECTIVE DATE

SEC. 13. This Act shall become effective upon the expira

23 tion of sixty days after the date of its enactment.

S. 1861

SECTION-BY-SECTION ANALYSIS

SECTION 1

The popular name of this bill is the "Fair Labor Standards Amendments of 1973."

SECTION 2

Subsection 2(a) amends sections 3(d) and 3(e) of the Fair Labor Standards Act of 1938, as amended, to include under the definitions of "employer" and "employee" the United States and any State or political subdivision of a State. This will extend the coverage of the law to include agencies and activities of the United States (except the armed forces and certain employees not in the competitive service). The present coverage of State and local hospitals, nursing homes, schools, and local transit agencies is extended to all activities of States and their political subdivisions. This amendment would add to and their political subdivisions. This amendment would add to coverage an estimated 5 million workers (1.6 million Federal, 3.3 million State and local government).

Subsection 2(b) amends section 3(e) to also include under the definition of "employee" any individual employed in domestic service, except baby-sitters. This amendment would add to coverage an estimated 1.2 million workers. In addition, section 3(e) is amended to include local seasonal hand harvest laborers in the man-day count for agricultural coverage and to define those government employees extended coverage by the bill.

Subsection 2(c) amends section 3 (h) to add the words "or other activity" to the definition of the word "Industry" so as to make clear the government coverage.

Subsection (d) amends section 3 (m) to require that tipped employees be given an explanation of tip credit, and retain all tips received. At present, employers may include the value of tips actually received up to 50 percent, but the employee must show that he received a lesser amount if the credit is challenged.

Subsection 2(e) amends section 3 (r) to include under "enterprise" the activities of the United States Government or any State or political subdivision thereof. This amendment will broaden the effect of retaining the current coverage for schools and hospitals, whether operated for profit or not for profit, and for regulated public and private local transit whether operated for profit or not for profit.

Subsection 2(g) amends sections 5 and 8 by bringing under the mainland minimum wage the employees of hotels, motels, and restaurants in Puerto Rico and the Virgin Islands. At present these workers are covered by wage rates determined by specially convened industry committees. Also covered at the mainland minimum are employees of governmental units in Puerto Rico and the Virgin Islands. Section 5 is also amended to prohibit an industry committee from reducing the wage rate below the statutory minimum.

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SECTION 3

Subsection 3(a) amends section 6(a) to establish, for employees in activities covered by the Act prior to the 1966 amendments, an hourly minimum of $2.00 during the first year from the effective date of the 1973 amendments, and $2.20 thereafter.

Subsection 3(b) amends section 6(a) (5) to establish, for employees in agriculture, an hourly minimum of $1.60 during the first year from the effective date of the 1973 amendments, $1.80 during the second year from the effective date of the 1973 amendments, $2.00 during the third year from the effective date of the 1973 amendments, and $2.20 thereafter.

Subsection 3(c) amends section 6(b) to establish, for employees newly covered by the 1966 amendments and by the 1973 amendments, an hourly minimum of $1.80 during the first year from the effective date of the 1973 amendments, $2.00 during the second year from the effective date of the 1973 amendments, and $2.20 thereafter. Subsection 3(d) amends section 6(c) to require that covered employees in Puerto Rico and the Virgin Islands making less than $0.80 per hour under the most recent wage order be paid not less than $1.00 sixty days after enactment. Thereafter, their wages are increased by $0.20 per hour each year until parity is achieved with the mainland minimum. Employees over $0.80 per hour are raised $0.20 per hour each year after enactment until parity is achieved. Each year, special industry committees may increase the $0.20 per hour raise, but they may not lower it. Provision is also made for newly covered employees and for situations involving a subsidy or income supplement.

Subsection 3(e) amends section 6(e) to eliminate clauses excluding certain linen supply establishments from full coverage in contracts with the United States not governed by the Service Contracts Act of 1965, as amended.

Subsection 3(f) adds a provision requiring that employees in domestic service be paid at not less than the 6(b) rate unless the compensation is determined not to be wages under section 209 of the Social Security Act.

SECTION 4

Subsection 4(a) amends Section 7(a) of the Act to restate the general requirement that overtime compensation is to be paid for hours worked over 40 in each workweek at a rate not less than one and one-half times the regular rate, and eliminates certain provisions (sections c and d) of the Act which provide partial overtime exemptions, particularly in agricultural processing industries.

Subsection 4(b) makes conforming amendments and redesignations. Subsection 4(c) adds a new section 7(i) to provide for overtime averaging over a twenty-eight day period and a phase down from 48 to 40 hours per week without time and one-half penalty for state and local government employees engaged in fire protection and law enforcement activities, including security personnel in correctional institutions; and adds a new section 7(j) to exempt voluntary charter activities from hours worked in local transit for purposes of calculating overtime.