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PROPOSED FAIR LABOR STANDARDS AMENDMENTS OF 1973, 93D CONGRESS--Continued

[Comparison of principal provisions of S. 1861 with present law, S. 1725, and H.R. 7935 as reported]

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(a) Tips: Value of tips may be included in determining Tip credit to meet the minimum rate retained No change from present law.

No change from present law. wages to meet the minimum rate up to 50 at 50 percent of the minimum rate. The percent of the minimum rate.

employer must inform each of his tipped employees of the provisions of the law regarding tipping. All tips received must be

retained by such tipped employees. (b) Child Labor:

16 years for most covered employment includ- Under 12, may not work in agriculture except on Under 12, may not work in agriculture except on Do.

ing agricultural workers during school hours farms owned or operated by the parent. farms owned or operated by the parent.
or in occupations in hazardous agricultural Between 12 and 14, may work on a farm only Between 12 and 14, may work on a farm only
work.
with consent of the parent.

with consent of the parent.
No minimum age for children in nonhazardous Between 12 and 16, may work in agriculture only Between 12 and 16, may work in agriculture only

agricultural work outside of school hours. during hours when school district where em- during hours when school district where em-
18 years for hazardous nonagricultural work. ployee living while employed is not in session. ployee living is not in session.
14 years for specified employment outside Provides for a civil penalty of up to $1,000 for Provides a child labor exemption for anyone

school hours in nonmanufacturing and non- any violation of child labor provisions of the engaged in delivering shopping news and
mining work for limited hours under speci- Fair Labor Standards Act.

advertising materials published by a news-
fied work conditions.

Authorizes the Secretary of Labor to issue regu- paper.

lations requiring employers to obtain proof of Authorizes the Secretary of Labor to issue reg; age from any employee.1

ulations requiring employers to obtain proof

of age from any employee. Provides for civil penalty of up to $1,000 for

any violation of child labor provisions. (c) Youth employment:

Provides for wage rates no less than 85 per- Retains present provisions of the Fair Labor Provides for employment of youths under 18 Provides for employment of full-time students cent of the statutory minimums for:

Standards Act. Expands student certificate (for not more than 180 days) and of full-time (except in hazardous occupations) at wage (a) Full-time students working part-time program to include students employed part- students (employed full- or part-time at the rates not less than 85 percent of applicable

in retail or service establishments time by educational institutions and those educational institution they attend, or part- minimum or $1.60 an hour ($1.30 an hour in and agriculture.

employed full-time during school vacations by time (not mora than 20 hours per week) at agriculture), whichever is higher, pursuant to (b) Student-learners in vocational train- such institutions.

any job) at wage rates not less than 85 per- special certificates issued by the Secretary of ing programs.

cent of the applicable minimum wage or $1.60 Labor, for not more than 20 hours in any (c) Student workers receiving instruc

an hour ($1.30 an hour in agriculture), which- workweek except during vacation periods. tions in educational institutions and

ever is higher.

Requires Secretary of Labor to monitor issuance employed part-time in shops owned

Requires Secretary of Labor to issue regulations of certificates for student employment at speby the institutions.

insuring that the special minimum rates for cial minimums, to prevent the reduction of Student certificates are issued by the Secre

youth will not create a substantial probability full-time employment opportunities of adult tary of Labor.

of reducing the full-time employment oppor- workers.

tunities of adult workers. Removes present law's requirements in secs.

14(b) and (c) that employers receive U.S. Labor Department certification in order to

employ youths at special minimum rates. S. 1861, as passed, provided a child labor exemption for newsboys delivering shopping news and advertising materials published by a newspaper. Makes employers in violation of the Fa! Allows the Secretary of Labor to bring suit to Allows the Secretary of Labor to bring suit to No change from present law.

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Labor Standatds Act liable to affected recover unpaid minimum wages or overtime recover unpaid minimum wages or overtime
employees in an amount equal to unpaid compensation and an equal amount of compensation and an equal amount of
minimum wages plus an additional equal liquidated damages without requiring written liquidated damages without requiring written
amount in liquidated damages unless the request of the employee and even though request of the employee and even though
suit involves issues not finally settled by the suit might involve issues not finally the suit might involve issues not finally
the courts. The Secretary of Labor may settled by the courts.

settled by the courts.
bring suit for back pay upon written request

Retains the present minimum wage of $1.60 an Retains the present minimum wage of $1.60 an
hour for Canal Zone workers.

hour for Canal Zone workers.
(f) Age discrimination in Government employment:
No coverage

Extends coverage of the Age Discrimination in Extends coverage of the Age Discrimination in No change from present law.

Employment Act of 1967 to Federal, State, Employment Act of 1967 to Federal, State,
and local government employees. Gives the and local government employees. Gives the
Federal Civil Service Commission enforce- U.S. Civil Service Commission enforce-
ment power over discrimination for Federal ment power to prevent age discrimination in
employees. 3

Federal employment. 3

VII. EFFECTIVE DATE

60 days after date of enactment.

1st day of 2d full month after date of enactment

or August 1, 1973, whichever occurs first.

(d) Liquidated damages:

of the employee.
(e) Canal Zone workers:
Covered under the Fair Labor Standards Act.. No change from present law ?

60 days after date of enactment..

2 S. 1861, as passed, provided that the amendments would not be applicable to the Canal Zone and that the minimum rate in the Canal Zone would be $1.70 after the 1st year.

3 Similar proposals are contained in S. 635 (Bentsen) and S. 1810 (Church).

Note: S. 1861, as passed, provided for a criminal penalty for employees who knowingly employ aliens in violation of immigration laws.

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