1 2 9 EFFECTIVE DATE SEC. 9. Except as otherwise provided in this Act, the 3 amendments made by this Act shall take effect sixty days 4 after enactment. On and after the date of enactment of this 5 Act, the Secretary is authorized to promulgate necessary 6 rules, regulations, or orders with regard to the amendments 7 made by this Act. [From the Congressional Record-Senate, July 9 (legislative day, July 6), 1973] REPORTS OF COMMITTEES SUBMITTED DURING ADJOURNMENT Under authority of the order of the Senate of June 30, 1973, on July 6, 1973, the following reports of committees were submitted: By Mr. WILLIAMSs, from the Committee on Labor and Public Welfare, with amendments: S. 1861. A bill to amend the Fair Labor Standards Act of 1938, as amended, to extend its protection to additional employees, to raise the minimum wage to $2.20 an hour, and for other purposes (Rept. No. 93–300). By Mr. WILLIAMs, from the Committee on Labor and Public Welfare, without amendment: H.R. 7935. An act 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. Reported without recommendation (Rept. No. 93-301). [The texts of the bills and accompanying reports (S. 1861 (S. Rept. 93-300) and H.R. 7935 (S. Rept. 93-301)), follow:] (445) 93D CONGRESS 1ST SESSION Calendar No. 282 S. 1861 [Report No. 93-300] IN THE SENATE OF THE UNITED STATES MAY 22, 1973 Mr. WILLIAMS (for himself and Mr. JAVITS) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare JULY 6, 1973 Reported, under authority of the order of the Senate of June 30, 1973, by [Omit the part struck through and insert the part printed in italic] A BILL To amend the Fair Labor Standards Act of 1938, as amended, 5 DEFINITIONS AND APPLICABILITY TO PUERTO RICO AND 6 7 THE VIRGIN ISLANDS SEC. 2. (a) Section 3 (d) of the Fair Labor Standards 8 Act of 1938, as amended, is amended to read as follows: 9 "(d) 'Employer' includes any person acting directly or 10 indirectly in the interest of an employer in relation to an P 2 1 employee, including the United States and States, any State 2 or political subdivision of a State, State and any agency or 3 instrumentality thereof or interstate governmental agency, but 4 shall not include any labor organization (other than when 5 acting as an employer), or anyone acting in the capacity of 6 officer or agent of such labor organization." 7 (b) Section 3 (e) of such Act is amended to read as 8 follows: 9 "(e) 'Employee' means any individual employed by 10 an employer, including any individual employed in domestic 11 service (other than a babysitter), and in babysitter) except 12 that such term shall not, for the purposes of section 3 (u) in13 clude any individual employed by an employer engaged in 14 agriculture if such individual is the parent, spouse, child, or 15 other member of the employer's immediate family. In the case 16 of any individual employed by the United States the term 17 "employee" means any individual employed (1) as a civilian 18 in the military departments as defined in section 102 of title 19 5, United States Code, (2) in executive agencies (other than 20 the General Accounting Office) as defined in section 105 of 21 title 5, United States Code (including employees who are 22 paid from nonappropriated funds), (3) in the United 23 States Postal Service and the Postal Rate Commission, (4) 24 in those units of the government of the District of Columbia 25 having positions in the competitive service, (5)(4) in those 12-781 (Vol. 1) 0-76-33 3 1 units of the legislative and judicial branches of the Federal 2 Government having positions in the competitive service, and 3 (6)(5) in the Library of Congress, and in the ease of any 4 individual employed by any State or a political subdivision of 5 any State means any employee holding a position comparable 6 to one of the positions enumerated for individuals employed 7 by the United States, except that such terms shall not, for the purposes of section 3 (u) include any individual employed by 8 9 an employer engaged in agriculture if such individual is the 10 parent, spouse, child, or other member of the employer's im 11 mediate family." Congress. In the case of any individual em12 ployed by a State, or the political subdivision of any State, or 13 an interstate governmental agency the term 'employee' shall 14 include any employee of that State, political subdivision, or agency but the term shall not include any individual elected 15 16 18 to public office in any State or political subdivision of any 17 State by the qualified voters thereof or any person chosen by such officer to be on such officers' personal staff, or an appointee on the policymaking level or an immediate advisor 20 with respect to the exercise of the constitutional or legal 19 21 powers of the office. The exemption set forth in the preceding 22 sentence shall not include employees subject to the civil service 23 laws of a State government or political subdivision or appli24 cable to an interstate governmental agency." |