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III. MINIMUM HOURLY WAGE FOR EMPLOYEES IN PUERTO RICO AND VIRGIN ISLANDS

Determined by special industry committees, but not Employees making less than $0.80 per hour For hotels, motels, restaurant, food service, con- For nonagricultural employees covered prior to
over $1.60.

under most recent wage order, raised to $1 glomerate, Federal employees and employees 1966 amendments, 2 12.5-percent increases,
during the 1st year from the effective date. of the government of the Virgin Islands, mini- the 1st effective 60 days from effective date
Thereafter, their pay is increased by $0.20 mum wages the same as those for counterpart of the 1973 amendments or 1 year from the
per hour each year until parity is achieved. mainland employees.

most recent wage order, the 2d effective 1
Employees over $6.80 per hour are raised $0.20 For other employees presently covered by a wage year later and 1 6.25-percent increase effective
per hour each year on the effective date of the order, percentage increases, as follows:

1 year later. 1972 amendments and $0.20 until parity is For nonagricultural employees covered For nonagricultural employees covered by the achieved.

before 1966 amendments, 25-percent 1966 amendments, 2 6.25-percent increases, the
Employees newly covered by the 1972 amend- increased during 1st year and 12.5- 1st effective 60 days from effective date of
ments will have minimums set (but not below percent increase during 2d year.

the 1973 amendments or 1 year from the
$1 per hour) by newly appointed special For nonagricultural employees covered by most recent wage order, the 2d effective 1
industry committees. Upon the setting of 1966 amendments, 3 12.5-percent in- year later, a 12.5-percent increase effective
such minimums, the raises for previously creases effective in each of the first 3 year later and a 6.25 increase effective 1 year
covered employees go into effect.

years.

later.
Each year, special industry committees may For agricultural employees, 3 15.4-percent For agricultural employees 2, 15.4-percent in-

increase the $0.20 per hour raise, but they increases effective in each of the first 3 creases and 1 7.7-percent increase with
may not lower it.

years (subsidized agricultural employees effective dates calculated the same way as
Certain motel, hotel, restaurant, food service, will have their increases applied to their for nonagricultural employees covered prior

and government employees are brought up to wage rates as increased by the subsidy). to 1966 amendments (Subsidized agricultural
mainland minimums on the effective date of Such increases may be reviewed by industry employees will have the percentage increase
the amendments.

committees appointed by the Secretary of applied to their basic wage rate which will
Subsidized agricultural employees will have Labor.

then be increased by the subsidy).
their increases applied to their wage rates as Provides for special industry committees to Notwithstanding any other provisions, no
increased by the subsidy.

recommend minimum rates for employees minimum rate shall be less than 60 percent
covered by 1973 amendments.

of the minimum applicable to counterpart
Requires all industry committees to recommend mainland employees

the minimum rates applicable to counterpart
mainland employees, except where substan-
tial documentary evidence demonstrates
inability to pay

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1S. 1861, as passed, provided a $2 rate during 2d year.

PROPOSED FAIR LABOR STANDARDS AMENDMENTS OF 1973, 93D CONGRESS-Continued (Comparison of principal provisions of S.-(identical except as specifically noted to S. 1861 as passed by the Senate) with present law, H.R. 4757 and H.R. 2831]

H.R. 2831 (Mr. Erlenborn)

Do.

Limited coverage of some government em- Coverage for all Federal, State, and local govern- Coverage for all Federal, State and local gov. No change from present law.

Do. more than 500 man-days of agricul- local seasonal hand harvest laborers. These tural labor during peak quarter in the are also included for purposes of calculating past calendar year. Local seasonal number of man-days of labor used by a farm. hand harvest laborers not counted for 500 man-day test retained for purposes of deterpurposes of man-day test and ex- mining which farms are covered. cluded from minimum wage. V. EXEMPTIONS

Present law

S. - (identical except as specifically noted to
S. 1861, as passed (92d Cong.)) (Mr. Williams)

H.R. 4757 (Mr. Dent)

(a) Government employees:

ployees (Federal wage board workers, ment employees, except persons serving in ernment employees (such State and local
government employees in State and the armed services and certain persons not government employees engaged in fire protec-
local government operated schools, nurs- in the competitive service. W

tion or law enforcement activities are exempt
ing institutions, hospitals, Federal hos. With regard to overtime, a special provision for from overtime provisions).
pitals not covered.)

a mutually agreed to 28-day work period is
made for averaging overtime hours for State
and local law enforcement (including security
personnel in correctional institutions) and fire
protection employees. Scales down the non-
overtime work period during a 28-day work

cycle from 192 hours to 160 hours over 4 years.
(b) Domestic service employees:
No coverage.

Coverage for minimum wage only included for Coverage for minimum wage and overtime for

domestic service employees, except baby- domestic service employees, except for such
sitters.

employees residing in their employers'

households.
(c) Retail and service employees:
No coverage if annual gross sales vol- Coverage of retail and service establishment No change from present law.

Do.
ume is below $250,000 (except for employees working in all stores in a large
specifically listed establishments in chain.
"Enterprise" definition: laundering

cleaning, or repairing clothes or fabrics).
(d) Agricultural workers:
No coverage unless the employer used Minimum wage coverage expanded to include do.

No change from present law.
Parents, spouse, child or ther member

of employer's immediate family are not covered employees in agriculture.

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Minimum wage and overtime exemption re- Minimum wage and overtime exemption re- Retains present exemptions and extends min

pealed for: Motion picture theater em- pealed for employees of conglomerates, imum wage and overtime exemptions to:
ployees; Shade grown tobacco employees en- Minimum wage and overtime exemption ex- Employees delivering shopping news includ-
gaged in processing such tobacco; certain tended to resident house parents (husband ing shopping guides, handbills, or other
telegraph agency employees; certain em- and wife) of orphans residing in private non- types of advertising material.
ployees of retail-manufacturing establish- profit educational institutions, if couple earns Resident house parents (husband and wife)
ments.

at least $10,000 per year in salary from such of orphans residing in private nonprofit
Minimum wage exemption only repealed for: employment.

educational institutions, if couple earns
Logging and sawmill employees.

at least $10,000 per year in salary from

such employment Overtime exemption repealed for: Agricultural, Overtime exemption repealed for: Agricultural, Retains present exemptions and extends partial

processing, seafood processing, oil pipeline, processing employees, in stages to 40 hours overtime exemption to certain retail and service
cotton ginning, and sugarcane and sugar beet per week in 3d year-

employees.
processing employees, partsmen and mechan- for local transit employees in stages as
ics in auto, truck, and trailer dealerships, and follows: 48 hours ist year; 44 hours 2d
all employees in aircraft dealerships.

year; 40 hours thereafter (provides for
Other overtime exemptions modified as follows: an exemption for voluntary work per-

Local transit employees: 48 hours 1st year; 44 formed by employees of a local transit hours 2d year; 40 hours thereafter.

company in nonregular charter activities Provides for an exemption for voluntary work which are covered by prior agreements);

performed by employees of a local transit for sugar processing employees; company in nonregular charter activities for maids and custodial employees of hotels which are covered by prior agreements.

and motels. Hotel, motel, and restaurant employees: 48 hours Modifies current exemption for nursing home 1st year; 46 hours thereafter.

employees by requiring overtime pay for hours
Nursing home employees: 48 hours 1st year; 46 in excess of 80 in a 2-week period.
hours 2d year; 44 hours thereafter.

Treats laundering and drycleaning establish-
Catering and food service employees: 48 hours ments as service establishments as they in-

1st year; 44 hours 2d year; 40 hours there- volve the employment of outside salesmen or
after.

commission employees.
Bowling employees : 48 hours retained for 1st Adds an overtime exemption for newly covered

year; 44 hours 2d year; 40 hours thereafter. State and local government employees en-
Creates new overtime exemptions for:

gaged in fire protection or law enforcement Domestic service employees.

activities.

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1 S. 1861, as passed, provided for an exemption for resident employees in certain apartment buildings, and resident house parents in orphan homes. PROPOSED FAIR LABOR STANDARDS AMENDMENTS OF 1973, 93D CONGRESS-Continued

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VI. MISCELLANEOUS PROVISIONS

No change from present law.

(a) Tips:

Tip credit to meet the minimum rate retained at No change from present law.
Value of the tips may be included in determin- 50 percent of the minimum rate. The em-

ing wages to meet the minimum rate up to 50 ployer must inform each of his tipped em-
percent of the minimum rate.

ployees of the provisions of the law regard-
ing 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
ing agricultural workers during school hours farms owned or operated by the parent.
or in occupations in hazardous agricultural Between 12 and 14. may work on a farm only
work.

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

hazardous agricultural work outside of school during hours when school is not in session.

hours. 18 years for hazardous nonagricultural work.. Provides for a civil penalty of up to $1,000 for

any Violation of child labor provisions of the

Fair Labor Standards Act.
14 years for specified employment outside Authorizes the Secretary of Labor to issue regu.

school hours in nonmanufacturing and non- lations requiring employers to obtain proof of mining work for limited hours under specified age from any employee. work conditions.

Provides a child labor exemption for employees

delivering shopping news and advertising material.

Present law

S. - (identical except as specifically noted to
S. 1861, as passed(92d Cong.) (Mr. Williams)

H.R. 4757 (Mr. Dent)

H.R. 2831 (Mr. Erlenborn)

(c) Youth employment:

Provides for wage rates no less than 85 Retains present provisions of the Fair Labor Provides for employment of full-time students Provides for employment of youths under 18 percent of the statutory minimums for: Standards Act. Expands student certificate (except in hazardous occupations) at wage (for not more than 180 days) and full-time (a) Full-time students working part- program to include students employed part- rates not less than 85 percent of applicable students at wage rates not less than 80 percent

time in retail or service establish- time by educational institutions and those minimum or $1.60 an hour ($1.30 an hour in of the applicable minimum or $1.60 per hour ments and agriculture.

employed full-time during school vacations by agriculture), whichever is higher, pursuant to ($1.30 per hour in agriculture), whichever is (b) Student-learners in vocational train- such institutions.

special certificates issued by the Secretary of higher. Such employment must be in ac-
ing programs.

Labor, for not more than 20 hours in any cordance with applicable child labor laws and
(c) Student workers receiving instruc-

workweek except during vacation periods. subject to standards set by the Secretary of
tions in educational institutions and

Labor to ensure that employment does not
employed part-time in shops owned

create a substantial probability of reducing
by the institutions.

the full-time employment opportunities of
Student certificates are issued by the

other workers.
Secretary of Labor.
(d) Employment of illegal aliens:
No provision in present law.
No change from present law '.

Provides for a criminal penalty for employers No change from present law.

who knowingly employs aliens in violation of criminal laws. Do.

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Higher minimum hourly wage rates established

by this amendment shall not apply to Canal Zone employees.

Do.

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.

32-781 (Vol. 1O. 76 - 8

(e) Liquidated damages:

Makes employers in violation of the Fair Allows the Secretary of Labor to bring suit to No change from present law.

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

of the employee.
(1) Canal Zone workers:

Covered under the Fair Labor Standards Act.. No change from present law :.

(8) Age discrimination in Government employment: No coverage.

Extends coverage of the Age Discrimination in

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

employees.
(h) Public service employment agencies (no provisions No change from present laws.

in present law).

Prohibits public employment service agencies No change from present law.

from placing an individual with an employer who would pay such individual less than the minimum wage rate applicable under the law.

1S. 1861, as passed, provided for a criminal penalty for employers who knowingly employ aliens in violation of immigration laws.

VII. EFFECTIVE DATE

60 days after date of enactment.

30 days after date of enactment.

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

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