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first year froin the effective date of the Fair Labor

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“(B) not less than $2.20 an hour thereafter.”

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(b) Section 6 (a) (5) of such Act is amended to read

5 as follows:

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“(5) if such employee is employed in agriculture, not less than $1.60 an hour during the first year from

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the effective date of the Fair Labor Standards Amend

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ments of 1973, not less than $1.80 an hour during the

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second year from such date, not less than $2.00 an

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hour during the third year from such date, and not less than $2.20 an hour thereafter."

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(c) Section 6 (b) of such Act is amended

(1) by inserting after the words “Fair Labor

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Standards Amendments of 1966,", the words "or the

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Fair Labor Standards Amendments of 1973,";

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(2) by striking out paragraphs (1) through (5) thereof and inserting in lieu thereof the following:

“(1) not less than $1.80 an hour during the first year from the effective date of the Fair Labor

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(2) not less than $2.00 an hour during the second year from such date; and

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“(3) not less than $2.20 an hour thereafter.”.

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(d) Section 6 (c) is amended by striking out para

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1 (g) Section 5 of such Act is amended by adding at the 2 end thereof the following new subsections: 3 “(e) The provisions of this section and section 8 shall 4 not apply with respect to the minimum wage rate of any 5 employee in Puerto Rico or the Virgin Islands employed 6 (1) by an establishment which is a hotel, motel, or restau

7 rant, (2) by any other retail or service establishment if

8 such employee is employed primarily in connection with the 9 preparation or offering of food or beverages for human con10 sumption, either on the premises, or by such services as 11 catering, banquet, box lunch, or curb or counter service, to

12 the public, to employees, or to members or guests of mem13 bers of clubs, or (3) by any employer which is a State or a 14 political subdivision of any State. The minimum wage rate of 15 such an employce shall be determined in accordance with 16 sections 6 (a) or (1), 13, and 14 of this Act. 17

“(1) The provisions of this section and section 8 shall 18 not operate to permit a wage order rate lower than that which 19 would result under the provisions of section 6 (c).”.

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Sec. 3. (a) Section 6 (a) (1) of the Fair Labor Stand

22 ards Act of 1938, as amended, is amended to read as follows:

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“(1) (A) not less than $2.00 an hour during the

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first year from the effective date of the Fair Labor

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“(B) not less than $2.20 an hour thereafter.” (b) Section 6 (a) (5) of such Act is amended to read

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as follows:

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“ (5) if such employee is employed in agriculture,

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not less than $1.60 an hour during the first year from

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the effective date of the Fair Labor Standards Amend

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ments of 1973, not less than $1.80 an hour during the

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second year from such date, not less than $2.00 an

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hour during the third year from such date, and not less

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(c) Section 6 (b) of such Act is amended

(1) by inserting after the words "Fair Labor

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15

Standards Amendments of 1966,", the words "or the

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Fair Labor Standards Amendments of 1973,";

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(2) by striking out paragraphs (1) through (5) thereof and inserting in lieu thereof the following:

“(1) not less than $1.80 an hour during the

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(2) not less than $2.00 an hour during the second year from such date; and

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“ (3) not less than $2.20 an hour thereafter.".

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(d) Section 6 (c) is amended by striking out para

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1 graphs (2), (3), and (4) and iuserting in lieu thereof the 2 following:

“(2) In the case of any such employee who is covered

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4 by such a wage order to whom the rate or rates prescribed

5 by subsection (a) or (b) would otherwise apply the fol

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“(A) During the first year from the effective date of

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the Fair Labor Standards Amendments of 1973, for any

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employee whose highest rate is less than $0.80 an hour,

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such rate shall not be less than $1.00 an hour.

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“(B) During the first year from the effective date

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of the Fair Labor Standards Amendments of 1973, for

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any employee whose highest rate is $0.80 an hour or

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more, such rate shall be the highest rate or rates in effect

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on or before such date under any wage order covering

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such employee, increased by $0.20.

" (C) During the second year from the effective date

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of the Fair Labor Standards Amendments of 1973, and

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in each year thereafter, the highest rate or rates (including any increase prescribed by this paragraph) in effect on or before such date, under any wage order covering such employee, increased by $0.20 in each such year.

“ (D) Whenever the rates prescribed by subparagraph (C) would otherwise equal or exceed the rates

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prescribed in section 6 (a), the provisions of such section

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3 “(3) (A) In the case of any such employee to whom 4 this subsection was made applicable by the Fair Labor Stand

5 ards Amendments of 1973, the Secretary shall, as soon as

6 practicable after the date of enactment of such amendments,

7 appoint a special industry committee in accordance with sec

8 tion 5. Such industry committee shall recommend a minimum

9 wage rate of $1.60, unless there is substantial documentary 10 evidence, including pertinent unabridged profit and loss state11 ments and balance sheets for a representative period of years, 12 in the record which establishes that the industry, or a pre13 dominant portion thereof, is unable to pay that wage. In no

14 event shall any industry committee recommend a minimum

15 wage rate less than the rate prescribed in paragraph 2 (A) 16 of this subsection. Any rate recommended by the special in17 dustry committee within sixty days after the effective date of

18 the Fair Labor Standards Amendments of 1973 shall be

19 effective with respect to such employee upon the effective 20 date of the wage order issued pursuant to such recommenda21 tion, but not before sixty days after the effective date of the 22 Fair Labor Standards Amendments of 1973.

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“(B) Upon the issuance of the wage order required by 24 subparagraph (A) of this paragraph, the provisions of 25 paragraph (2) shall apply.

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