2 SEC. 211. Section 7 is amended by adding after the sub

3 section added by section 205 (b) (2) of this Act the follow

4 ing:

"(m) For a period or periods of not more than fourteen workweeks in the aggregate in any calendar

year, any employer may employ any employee for a workweek in excess of that specified in subsection (a)

without paying the compensation for overtime employment prescribed in such subsection, if such employee— "(1) is employed by such employer

"(A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 (as such types are defined by the Secretary of Agriculture), or in auction sale, buying, handling, stemming,

redrying, packing, and storing of such tobacco,

“(B) in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type may be defined by the Secretary of Agriculture), or

"(C) in auction sale, buying, handling, strip

7

8

9

10

11

12

13

28

ping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61,

or 62 (as such types are defined by the Secretary of Agriculture); and

"(2) receives for—

"(A) such employment by such employer which is in excess of ten hours in any workday, and "(B) such employment by such employer which is in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed.

14 An employer who receives an exemption under this sub15 section shall not be eligible for any other exemption under 16 this section."

17 SUBSTITUTE PARENTS FOR INSTITIONALIZED CHILDREN

18

SEC. 212. Section 13 (a) is amended by inserting after 19 the paragraph added by section 205 (b) (3) the following

20 new paragraph:

21

"(16) any employee who is employed with his

22 spouse by a nonprofit institution which is primarily

2 23

operated to care for and educate children who have been placed with the institution by or through a public agency or by parents or guardians who are financially unable

29

1

to care for and educate their children or children under

2

3

1.3

their guardianship (as the case may be), if such em

ployee and his spouse (A) are employed to serve as

+ the parents of such children who reside in facilities of the institution, (B) reside in such facilities and receive, without cost, board and lodging from such institution,

6

7

8

and (C) are together compensated, on a cash basis,

at an annual rate of not less than $10,000."

9 TITLE III-CONFORMING AMENDMENTS; EFFEC

10

11

12

TIVE DATE; AND REGULATIONS

CONFORMING AMENDMENTS

SEC. 301. (a) Section 6 (e) is amended to read as 13 follows:

14 "(e) Notwithstanding the provisions of section 13 of 15 this Act (except subsections (a) (1) and (f) thereof),

16

every employer providing any contract services under a 17 contract with the United States or any subcontract there18 under shall pay to each of his employees whose rate of pay 19 is not governed by the Service Contract Act of 1965 (41 20 U.S.C. 351-357) or to whom subsection (a)(1) of this 21 section is not applicable, wages at a rate not less than the 22 rate provided for in such subsection."

23

(b) Section 8 (29 U.S.C. 208) is amended (1) by 24 striking out "the minimum wage prescribed in paragraph 25 (1) of section 6 (a) in each such industry" in the first

30

1 sentence of subsection (a) and inserting in lieu thereof “the 2 minimum wage rate which would apply in each such indus3 try under paragraph (1) or (5) of section 6 (a) but for 4 section 6(c)", (2) by striking out "the minimum wage 5 rate prescribed in paragraph (1) of section 6(a)" in the 6 last sentence of subsection (a) and inserting in lieu thereof 7 "the otherwise applicable minimum wage rate in effect under 8 paragraph (1) or (5) of section 6 (a)", and (3) by strik9 ing out "prescribed in paragraph (1) of section 6(a)” in 10 subsection (c) and inserting in lieu thereof "in effect under 11 paragraph (1) or (5) of section 6 (a) (as the case may 12 be)".

13

14

EFFECTIVE DATE AND REGULATIONS

SEC. 302. (a) Except as provided in sections 105 (a), 15. 202, and 204, the effective date of this Act and the amend16 ments made by titles I, II, and III of this Act is

17

18

19

(1) the first day of the second full month which begins after the date of its enactment, or

(2) August 1, 1973,

20 whichever occurs first.

223

21

(b) Notwithstanding subsection (a), on and after the

22 date of the enactment of this Act the Secretary of Labor is 23 authorized to prescribe necessary rules, regulations, and

24 orders with regard to the amendments made by this Act.

[From the Congressional Record-Senate, May 22, 1973]

FAIR LABOR STANDARDS AMENDMENTS OF 1973

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. Williams (for himself and Mr. Javits) :

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. Referred to the Committee on Labor and Public Welfare.

MINIMUM WAGE BILL

Mr. WILLIAMS. Mr. President, today I am introducing legislation to increase the Federal minimum wage and to expand coverage of workers under the Fair Labor Standards Act. The bill I am introducing is substantially similar to the one which passed this body last year. I ask unanimous consent that the text of the bill be printed at the conclusion of my remarks.

Mr. President, I will be brief. The bill passed by the Senate last year was a good bill, it was a responsible bill. It would have enabled workers who toil at the minimum wage to secure for themselves and their families a minimum level of decency. But, almost a year has passed now since the Senate acted last year. The cost of living is spiralling upward at an even faster rate than it was last year. It is imperative that Congress act and that it act with dispatch.

Because of this need for prompt action, I have consciously chosen to recommend to the Senate, through this bill, the same action it approved by a vote for 65 to 27 last year.

Under this bill, workers covered by the 1966 amendments to the Fair Labor Standards Act or by these amendments-including agricultural workers will get the same increases as provided by the Senate-passed bill last year. Of course, those increases will come 1 year later by virture of the failure to enact the legislation last year.

For the bulk of the workers covered by the Fair Labor Standards Act-that is, those covered prior to the 1966 amendments-although the first increase to $2 an hour will be delayed by last year's inaction, the second increase to $2.20 will come at the same time as proposed in Senator Percy's amendment, adopted on the floor of the Senate last

year.

Specifically, if the Congress were to act before the August recess, workers covered prior to 1966 will get $2 an hour beginning October 1973-all dates are approximate and $2.20 an hour beginning October, 1974. Workers other than agricultural workers-covered by the 1966 amendments of this bill, will get $1.85 an hour in October 1973; $2 an hour in October 1974, and $2.20 an hour in October 1975. Agricultural workers will get $1.60 an hour in October 1973; $1.80 an hour