19 1 (b) (11), 13 (b) (12), 13 (b) (13), 13(b) (14), 13(b) 2 (15), 13(b) (16), 13(b) (17), and 13 (b) (18), respec3 tively. 4 (10) Section 13 (b) (18) (as redesignated by the pre 5 ceding paragraph) is amended by striking out the period 6 and inserting in lieu thereof a semicolon and the word "or". (11) Section 13 (b) of such Act is amended by adding 7 8 at the end thereof the following new paragraphs: 9 10 11 12 13 14 15 16 17 18 19 20 "(19) any employee who in any workweek is employed in domestic service in a household; or "(20) any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight." (c) Section 13 (c) (1) of such Act is amended to read as follows: "(c) (1) Except as provided in paragraph (2) the pro21 visions of section 12 relating to child labor shall not apply to 22 any employee employed in agriculture outside of school hours 23 for the school district where such employee is living while he 24 is so employed, if such employee 25 "(A) is employed by his parent, or by a person 1 2 3 4 5 6 7 8 20 standing in the place of his parent, on a farm owned or operated by such parent or person, or "(B) is fourteen years of age or older, or "(C) is twelve years of age or older, and (i) such employment is with the written consent of his parent or person standing in place of his parent, or (ii) his parent or person standing in place of his parent is employed on the same farm." 9 LEARNERS, APPRENTICES, STUDENTS, AND HANDICAPPED 10 WORKERS 11 SEC. 7. Section 14 (b) of the Fair Labor Standards Act 12 of 1938, as amended, is amended (1) by inserting following 13 the word "establishments" each time it appears, the words 14 "or educational institutions" and by inserting following the 15 word "establishment" each time it appears, the words "or 16 educational institution", (2) by inserting following the words 17 "Fair Labor Standards Amendments of 1966,", the words 18 "and the Fair Labor Standards Amendments of 1973", and 19 (3) by inserting, following the words "prior to such", the 20 word "applicable". 22 22 PENALTIES SEC. 8. The first two sentences of section 16 (c) of the 23 Fair Labor Standards Act of 1938, as amended, are amended 24 to read as follows: 25 "The Secretary is authorized to supervise the payment 21 1 of the unpaid minimum wages or the unpaid overtime com2 pensation owing to any employee or employees under section 3 6 or 7 of this Act, and the agreement of any employee to 5 4 accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under 6 subsection (b) of this section to such unpaid minimum 7 wages or unpaid overtime compensation and an additional 8 equal amount as liquidated damages. The Secretary may 9 bring an action in any court of competent jurisdiction to 10 recover the amount of the unpaid minimum wages or over11 time compensation and an equal amount as liquidated 12 damages." 13 CIVIL PENALTY FOR CERTAIN CHILD LABOR VIOLATIONS SEC. 9. Section 16 of the Fair Labor Standards Act 14 15 of 1938, as amended, is amended by adding at the end 16 thereof the following new subsection: 17 "(c) Any person who violates the provisions of section 18 12, relating to child labor, or any regulation issued under 19 that section, shall be subject to a civil penalty of not to 20 exceed $1,000 for each such violation. In determining the 21 amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged and the 23 gravity of the violation shall be considered. The amount of 24 such penalty, when finally determined may be deducted from 25 any sums owing by the United States to the person charged." 22 1 2 22 RELATION TO OTHER LAWS SEC. 10. Section 18 (b) of the Fair Labor Standards 3 Act of 1938, as amended, is amended (1) by striking out 4 “6(a) (1)” and inserting in lieu thereof "6 (a)", and (2) 5 by striking out "7 (a) (1)" and inserting in lieu thereof 6 "7(a)". 7 8 CONFORMING AMENDMENTS TO OTHER LAWS SEC. 11. (a) Section 12 (a) (2) of the Emergency 9 Employment Act of 1971 (42 U.S.C. 4871) is amended 10 by striking out "section 6 (a) (1)" and inserting in lieu 11 thereof "section 6". 12 (b) Section 9 of the Act entitled "An Act to provide 13 conditions for the purchase of supplies and the making of 14 contracts by the United States, and for other purposes", 15 approved June 30, 1936 (41 U.S.C. 43), is amended by 16 inserting immediately before the period at the end thereof 17 the following: "or to certain transportation employees of 18 private carriers of property by motor vehicle, as that term 19 is defined in section 203 (a) (17) and limited under section 20 203 (c) of part II of the Interstate Commerce Act, where 21 such employees are subject to regulation as to qualifications 22 and hours of service pursuant to section 6 (e) (6) (C) and 6(f) (2) (A) of the Department of Transportation Act of 24 1966". 23 1 2 23 NONDISCRIMINATION ON ACCOUNT OF AGE IN GOVERNMENT EMPLOYMENT 3 SEC. 12. (a) (1) The second sentence of section 11 (b) 4 of the Age Discrimination in Employment Act of 1967 is 5 amended to read as follows: "The term also means (1) any 6 agent of such a person, and (2) a State or political sub7 division of a State and any agency or instrumentality of a 8 State or a political subdivision of a State, but such term does 9 not include the United States, or a corporation wholly owned 10 by the Government of the United States.". 11 (2) Section 11 (c) of such Act is amended by striking 12 out", or an agency of a State or political subdivision of a 13 State, except that such term shall include the United States 14 Employment Service and the system of State and local 15 employment services receiving Federal assistance". 16 (b) (1) The Age Discrimination in Employment Act 17 of 1967 is amended by redesignating sections 15 and 16, 18 and all references thereto, as section 16 and section 17, 19 respectively. 20 (2) The Age Discrimination in Employment Act of 21 1967 is further amended by adding immediately after section 22 14 the following new section: |