ESTIMATED NUMBER OF NONSUPERVISORY EMPLOYEES BROUGHT UNDER THE MINIMUM WAGE AND OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT BY S. 2747 (WILLIAMS Presently covered by the minimum JAVITS BILL) Presently covered by the overtime Total Covered by S. 2747 1 provisions of the FLSA 49,427 14,625 6,877 7,748 42, 573 21, 479 8, 611 12, 868 45, 898 9,546 1,998 7,748 39, 194 16, 250 3,382 12, 868 1,232 5 3,608 556 1,232 17 17 6 11 16 17,524 104 3,570 55 52 62 55 4, 104 16,856 77 772 455 317 77 2,683 2,407 8 1,774 50 8 7, 149 2,476 1,724 215 3,866 105 587 2,662 3,279 112 5, 157 151 5,858 576 151 7,087 2,539 2,661 126 152 5,280 2,413 152 2,050 5,511 4, 115 1,018 1,042 1,307 2,808 2,060 883 1,177 * 5, 229 21,693 2,764 3, 536 23,536 1 No estimates have been prepared of the number of employees of conglomerates with annual sales of more than $10,000,000 who would be brought under the act by S. 2747. 2 Approximately 674,000 Federal, State and local government employees engaged in fire protection 1973 for education and September 1973 for all other industries. Note: Estimates exclude 2,147,000 outside salesmen and relate to May 1973 for agriculture, October ESTIMATED NUMBER OF WAGE AND SALARY WORKERS ADDED TO THE MINIMUM WAGE AND OVERTIME COVERAGE OF THE FAIR LABOR STANDARDS ACT BY S. 2747 (WILLIAMS-JAVITS BILL) 1 Employees added to coverage: Establishment annual dollar volume of sales test lowered to $225,000 on July 1, 197484,000 employees; to $200,000 on July 1, 1975-84,000 employees; and elimination of test on July 1, 1976-486,000 employees. Employees added to coverage: 3,000 on July 1, 1974, when establishment annual sales volume is lowered to $225,000; 3,000 on July 1, 1975, when volume is lowered to $200,000; and 26,000 when establishment annual sales volume test is dropped. 3 Minimum wage exemption repealed; no estimate prepared because of nature of exemption. Exemption phased out according to schedule applicable to retail or service establishments that are part of chain enterprises (see footnote (1) above). Special overtime exemption for public policemen, firemen and correctional institutional employees establishes a 28-day work period with time and one-half required after 192 hr on the effective date of the 1974 amendments; 184 hr 1 yr later; 176 hr 2 yr later; 168 hr 3 yr later; and 160 hr 4 yr later. Time and one-half required after 48 hr per week on the effective date of 1974 amendments, 44 hr 1 yr later and 40 hr 2 yr later. 7 Time and one-half required after 8 hr per day and 80 hr per 14-day work period. • Excludes 7,000 commission salesmen who would qualify for overtime exemption under sec. 7(i). ESTIMATED NUMBER OF WAGE AND SALARY WORKERS ADDED TO THE MINIMUM WAGE AND OVERTIME COVERAGE OF THE FAIR LABOR STANDARDS ACT BY S. 2747 (WILLIAMS-JAVITS BILL)-Continued Time and one-half required after 48 hr per week on the effective date of 1974 amendments, after 46 hr per week 1 yr later, 44 hr per week 2 yr later and 40 hr per week 3 yr later. 1 Time and one-half required after 48 hr per week on the effective date of 1974 amendments and after 46 hr per week 1 yr later. Exemption repealed for partsmen selling parts for and mechanics servicing trailers and aircraft. 13 During 1974, time and one-half will be required for all hours worked over 72 per week for 6 weeks, 64 hr for 4 weeks, 54 hr for 2 weeks and 48 for the rest of the year; on Jan. 1, 1975, the schedule becomes 66 hr for 6 weeks, 60 hr for 4 weeks, 50 hr for 2 weeks, 46 hr for 2 weeks and 44 hr for the rest of the year; on Jan. 1, 1976, the schedule becomes 60 hr for 6 weeks, 56 hr for 4 weeks, 50 hr for 2 weeks, 46 hr for 2 weeks, 44 hr for 2 weeks and 40 hr for the remainder of the year. 13 Sec. 7(c) and 7(d) overtime exemptions phased out as follows: Time and one-half will be required for hours worked over 10 per day and 48 per week under either section for a period of 10 weeks fof employers qualifying for 1 exemption and 14 weeks for those qualifying for both exemptions effective during 1974; on Jan. 1, 1975, the number of weeks is reduced to 5 for a single exemption and 7 for both; on Jan. 1, 1976, the number of weeks is reduced to 3 weeks for 1 and 5 for both; and both exemptions are repealed on Dec. 31, 1976. Note: Figures in parentheses relate to employees affected by the 1974 amendments whose employer is not required to pay time and one-half (or the equivalent) for overtime hours beyond 40 per week for at least part of the year. These employees are not included in the totals. Estimated number of nonsupervisory employees exempt from the minimum wage and/or overtime provisions of the Fair Labor Standards Act as amended by S. 2747 (Williams Bill), United States-Estimated number of non-supervisory employees in categories in which exemption applies SECTION OF FLSA PROVIDING EXEMPTION [In thousands] Total exempt from minimum wage and/or overtime... Exempt from minimum wage and overtime___ 6(f) and 7(1) Domestic service employees with earnings too low to be covered by Social Security.. 13(a) (1) Outside salesmen.. 13(a) (2) Retail-service establishments 1. 13(a) (3) Seasonal amusement establishments. 13(a) (5) Catching and processing fish and seafood__ 13(a) (4) Custom manufacturing in retail establishments_ See footnotes at end of table. 13(a) (6) Agriculture_ 13(a) (7) Exempt under section 14.. 13(a) (8) Small newspapers. 13(a) (10) Switchboard operators of small telephone exchanges 13(a) (12) Seamen on foreign vessels.-- 13(a)(15) Babysitters employed on a casual basis and companionship services__. Exempt from overtime only. Full overtime exemption_.__. 7(i) Commission salesmen in retail or service establishments_ 7(n) Charter activities of local transit employees 13(b)(1) Motor carriers.. 13(b) (2) Railroads_ *13(b) (4) Fish and Seafood processing 13(b) (3) Air transportation. 13(b) (5) Outside buyers of poultry, eggs, cream, milk. 13(b) (6) Seamen..... *13(b) (7) Local transit.. 13(b) (9) Announcers, news editors of small raido or television stations__ 13(b) (10) Salesmen, partsmen, mechanics__ 13(b) (11) Drivers', drivers' helpers paid on trip basis. 13(b) (12) Agriculture, irrigation. 13(b)(13) Farmworkers engaged in livestock auction operations- 13(b) (14) Country elevators-area of production.. 13(b) (15) Processing maple sap into sugar or sirup. 13(b) (16) Transportation of farm products.- 711 (2) 13 (2) 51 5, 121 3, 568 426 (2) 928 554 267 [40] (2) 61 [92] (9) 446 (2) 553 (2) 24 13(b) (17) Taxicab drivers___ *13(b) (18) Food service employees in retail or service establishments. 13(b)(20) Domestic service live-ins. 13(b)(21) Shade-grown tobacco--- *13(b) (22) Telegraph agency in retail or service establishment.... 13(b) (23) Substitute parents for institutionalized children.. 13(b) (26) Motion picture theaters... 13(b) (27) Small loggers (less than 9 employees). Partial overtime exemption__ 7(b) (3) Independent bulk petroleum dealers . 7(c) and 7(d) Seasonal industries 5. 7(m) Tobacco handling and processing incidental to auction sale o. 13(b) (8)_Hotels, motels and restaurants: A. Employees other than hotel maids and custodial employees *13(b) (19) Bowling establishments__ 13(b)(19) Bowling establishments... 13(b) (24) Cotton ginning _ 13(b)(25) Processing sugar beets, sugar beet molasses or sugar cane 9. 13(h) Cotton and sugar service employees 6 Special overtime provisions: See footnotes at end of table. 7(j) Hospitals and nursing he 7(k) Federal, State and local gove ment activities (including se tions) "1 Exemption being phased out: at leas week on the effective date of the FLSA: hours 2 years later. Figures in bractea an Elimination of establishment a employees to minimum wage and eve July 1, 1974, when the sales test is m the sales test becomes $200,000; and * No estimate prepared because of Lan 3 Less than 10,000 employees: the t I= 13(a) (10), 13(b) (5), 13(b) (9), 2 1 At least 1% times the minimum to 12 hours per day and 56 hours per wes 2 hours in excess of 12 per day and 56 per w Seasonal industries exemptions: 7(e) or 7(d)-10 weeks with at lear (→ day and 48 per week on the effective ac January 1, 1975, 5 weeks on January 2 7(c) and 7(d)-7 weeks under each fræer. for hours over 10 per day and 45 pr 1974, 5 weeks under each provision January 1, 1976, and repealed on LeeTEIT KAM At least 1 times the regular rate for ALGET period of not more than 14 weeks. At least 11⁄2 times the regular ret for sme the FLSA Amendments of 1974; and 44 10m At least 11⁄2 times the regular raTE the FLSA Amendments of 1974; after 41 week 2 years later; and after 40 hours Jam On the effective date of FLSA Ame for hours over 72 per week for 6 wEL L for 2 weeks and 48 hours per week for the least 11⁄2 times the regular rate for hours ge weeks, 50 hours for 2 weeks, 46 hours fir 1 year on January 1, 1976, at least 1 for 6 weeks, 56 hours for 4 weeks, 45 Lar hours for the remainder of the year. 2014-day work period with at least 1 tm and 80 per 14-day work period. 11 28-day work period with at least 15% the effective date of the FLSA Amendmenté e on July 1, 1975; 168 hours on July 1 re Employment Standards Administration February 20, 1974 ESTIMATED NUMBER OF NONSUPERVISORY EMPLIMEET AL Coverage status and proposed minimum wage rate APR. 1, 19741 Total, all nonsupervisory employees subject to the min mum wage.. Employees presently subject to the minimum wage Employees subject to the minimum wage prior to amendments to $2.. Employees subject to the minimum wage as a resut 1966 amendments..... Federal Government to $2. State and local government to $1.90. Other private nonfarm employees to $1.90. Employees newly covered by 1974 amendments. Federal Government to $1.90. State and local government to $1.90. Domestic service to $1.90.. Other private nonfarm employees to $1.90. Farmworkers to $1.60 2. See footnotes at end of table. 32-781-76-vol. II-38 |