50 1 concerning age discrimination with the Commission, no civil 2 action may be commenced by any individual under this see3tion until the individual has given the Commission not less 4 than thirty days' notice of an intent to file such action. Such 5 notice shall be filed within one hundred and eighty days after 6 the alleged unlawful practice occurred. Upon receiving 7 notice of intent to sue, the Commission shall promptly notify 8 all persons named therein as prospective defendants in the action and take any appropriate action to assure the elimina10 tion of any unlawful practice. 9 11 "(e) Nothing contained in this section shall relieve any 12 Government agency or official of the responsibility to assure 13 nondiscrimination on account of age in employment as re 14 quired under any provision of Federal law.". 15 16 EFFECTIVE DATE SEO. 29. (a) Except as otherwise specifically provided, 17 the amendments made by this Act shall take effect on the 18 first day of the second full month which begins after the 20 (b) Notwithstanding subsection (a), on and after the 21 date of the enactment of this Act the Secretary of Labor is 22 authorized to prescribe necessary rules, regulations, and 23 orders with regard to the amendments made by this Act. 1 2 51 SHORT TITLE; REFERENCES TO ACT SECTION 1. (a) This Act may be cited as the "Fair 3 Labor Standards Amendments of 1974". 4 (b) Unless otherwise specified, whenever in this Act an 5 amendment or repeal is expressed in terms of an amendment 6 to, or repeal of, a section or other provision, the section or 7 other provision amended or repealed is a section or other 8 provision of the Fair Labor Standards Act of 1938 (29 9 U.S.C. 201--219). INCREASE IN MINIMUM WAGE RATE FOR EMPLOYEES 10 11 12 13 14 15 16 17 18 19 20 COVERED BEFORE 1966 SEC. 2. Section 6(a)(1) is amended to read as follows: "(1) not less than $2 an hour during the period ending December 31, 1974, not less than $2.10 an hour during the year beginning January 1, 1975, and not less than $2.30 an hour after December 31, 1975, except as otherwise provided in this section;”. INCREASE IN MINIMUM WAGE RATE FOR NONAGRI CULTURAL EMPLOYEES COVERED IN 1966 AND 1973 SEC. 3. Section 6(b) is amended (1) by inserting 21 ", title IX of the Education Amendments of 1972, or the 22 Fair Labor Standards Amendments of 1974" after “1966", 23 and (2) by striking out paragraphs (1) through (5) and 24 inserting in lieu thereof the following: 52 "(1) not less than $1.90 an hour during the period ending December 31, 1974. "(2) not less than $2 an hour during the year be ginning January 1, 1975, "(3) not less than $2.20 an hour during the year beginning January 1, 1976, and "(4) not less than $2.30 an hour after Decem ber 31, 1976." 9 INCREASE IN MINIMUM WAGE RATE FOR AGRICULTURAL 10 11 12 133 14 15 16 17 18 19 20 21 22 2 2 2 2 2 23 24 25 EMPLOYEES SEC. 4. Section 6(a)(5) is amended to read as follows: "(5) if such employee is employed in agriculture, not less than “(A) $1.60 an hour during the period ending December 31, 1974, "(B) $1.80 an hour during the year beginning January 1, 1975, "(C) $2 an hour during the year beginning January 1, 1976, "(D) $2.20 an hour during the year beginning January 1, 1977, and "(E) $2.30 an hour after December 31, 1977.” INCREASE IN MINIMUM WAGE RATES FOR EMPLOYEES IN PUERTO RICO AND THE VIRGIN ISLANDS SEC. 5. (a) Section 5 is amended by adding at the end 26 thereof the following new subsection: 1 2 3 4 53 "(e) The provisions of this section, section 6(c), and section 8 shall not apply with respect to the minimum wage rate of any employee employed in Puerto Rico or the Virgin Islands (1) by the United States or by the government 5 of the Virgin Islands, (2) by an establishment which is a hotel, motel, or restaurant, or (3) by any other retail or 6 7 service establishment which employs such employee primar8 ily in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members 9 10 11 12 or guests of members of clubs. The minimum wage rate of 13 such an employee shall be determined under this Act in the 14 same manner as the minimum wage rate for employees em15 ployed in a State of the United States is determined under 16 this Act. As used in the preceding sentence, the term 'State' does not include a territory or possession of the 18 United States." 17 19 (b) Effective on the date of the enactment of the Fair 20 Labor Standards Amendments of 1974, subsection (c) of section 6 is amended by striking out paragraphs (2), (3), 22 and (4) and inserting in lieu thereof the following: 21 23 "(2) Except as provided in paragraphs (4) and (5), 24 in the case of any employee who is covered by such a wage 25 order on the date of enactment of the Fair Labor Standards 54 1 Amendments of 1974 and to whom the rate or rates pre 2 scribed by subsection (a) or (b) would otherwise apply, the wage rate applicable to such employee shall be increased as follows: "(A) Effective on the effective date of the Fair Labor Standards Amendments of 1974, the wage order rate applicable to such employee on the day before such date shall "(i) if such rate is under $1.40 an hour, be increased by $0.12 an hour, and "(ii) if such rate is $1.40 or more an hour, be increased by $0.15 an hour. "(B) Effective on the first day of the second and each subsequent year after such date, the highest wage order rate applicable to such employees on the day before such first day shall— "(i) if such rate is under $1.40 an hour, be increased by $0.12 an hour, and "(ii) if such rate is $1.40 or more an hour, be increased by $0.15 an hour. 21 In the case of any employee employed in agriculture who is 22 covered by a wage order issued by the Secretary pursuant 23 to the recommendations of a special industry committee ap24 pointed pursuant to section 5, to whom the rate or rates pre 25 scribed by subsection (a) (5) would otherwise apply, and |