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 under most recent wage order, raised to $1 glomerate, Federal employees and employees 1966 amendments, 2 12.5-percent increases, most recent wage order, the 2d effective 1 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 the 1973 amendments or 1 year from the years. later. 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 years (subsidized agricultural employees effective dates calculated the same way as and government employees are brought up to wage rates as increased by the subsidy). to 1966 amendments (Subsidized agricultural committees appointed by the Secretary of applied to their basic wage rate which will then be increased by the subsidy). recommend minimum rates for employees minimum rate shall be less than 60 percent of the minimum applicable to counterpart the minimum rates applicable to counterpart 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 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 tion or law enforcement activities are exempt a mutually agreed to 28-day work period is cycle from 192 hours to 160 hours over 4 years. 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 employees residing in their employers' households. Do. cleaning, or repairing clothes or fabrics). No change from present law. of employer's immediate family are not covered employees in agriculture. 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: at least $10,000 per year in salary from such of orphans residing in private nonprofit educational institutions, if couple earns 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 employees. year; 40 hours thereafter (provides for 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 Treats laundering and drycleaning establish- 1st year; 44 hours 2d year; 40 hours there- volve the employment of outside salesmen or commission employees. year; 44 hours 2d year; 40 hours thereafter. State and local government employees en- gaged in fire protection or law enforcement Domestic service employees. activities. 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 VI. MISCELLANEOUS PROVISIONS No change from present law. (a) Tips: Tip credit to meet the minimum rate retained at No change from present law. ing wages to meet the minimum rate up to 50 ployer must inform each of his tipped em- ployees of the provisions of the law regard- by such tipped employees. 16 years for most covered employment includ- Under 12, may not work in agriculture except on with consent of the parent. 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. 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 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- Labor, for not more than 20 hours in any cordance with applicable child labor laws and workweek except during vacation periods. subject to standards set by the Secretary of Labor to ensure that employment does not create a substantial probability of reducing the full-time employment opportunities of other workers. Provides for a criminal penalty for employers No change from present law. who knowingly employs aliens in violation of criminal laws. Do. 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 of the employee. 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, employees. 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 |