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PROPOSED FAIR LABOR STANDARDS AMENDMENTS OF 1973, 93D CONGRESS--Continued
[Comparison of principal provisions of S. 1861 with present law, S. 1725, and H.R. 7935 as reported]
(a) Tips: Value of tips may be included in determining Tip credit to meet the minimum rate retained No change from present law.
No change from present law. wages to meet the minimum rate up to 50 at 50 percent of the minimum rate. The percent of the minimum rate.
employer must inform each of his tipped employees of the provisions of the law regarding tipping. All tips received must be
retained by such tipped employees. (b) Child Labor:
16 years for most covered employment includ- Under 12, may not work in agriculture except on Under 12, may not work in agriculture except on Do.
ing agricultural workers during school hours farms owned or operated by the parent. farms owned or operated by the parent.
with consent of the parent.
agricultural work outside of school hours. during hours when school district where em- during hours when school district where em-
school hours in nonmanufacturing and non- any violation of child labor provisions of the engaged in delivering shopping news and
advertising materials published by a news-
Authorizes the Secretary of Labor to issue regu- paper.
lations requiring employers to obtain proof of Authorizes the Secretary of Labor to issue reg; age from any employee.1
ulations requiring employers to obtain proof
of age from any employee. Provides for civil penalty of up to $1,000 for
any violation of child labor provisions. (c) Youth employment:
Provides for wage rates no less than 85 per- Retains present provisions of the Fair Labor Provides for employment of youths under 18 Provides for employment of full-time students cent of the statutory minimums for:
Standards Act. Expands student certificate (for not more than 180 days) and of full-time (except in hazardous occupations) at wage (a) Full-time students working part-time program to include students employed part- students (employed full- or part-time at the rates not less than 85 percent of applicable
in retail or service establishments time by educational institutions and those educational institution they attend, or part- minimum or $1.60 an hour ($1.30 an hour in and agriculture.
employed full-time during school vacations by time (not mora than 20 hours per week) at agriculture), whichever is higher, pursuant to (b) Student-learners in vocational train- such institutions.
any job) at wage rates not less than 85 per- special certificates issued by the Secretary of ing programs.
cent of the applicable minimum wage or $1.60 Labor, for not more than 20 hours in any (c) Student workers receiving instruc
an hour ($1.30 an hour in agriculture), which- workweek except during vacation periods. tions in educational institutions and
ever is higher.
Requires Secretary of Labor to monitor issuance employed part-time in shops owned
Requires Secretary of Labor to issue regulations of certificates for student employment at speby the institutions.
insuring that the special minimum rates for cial minimums, to prevent the reduction of Student certificates are issued by the Secre
youth will not create a substantial probability full-time employment opportunities of adult tary of Labor.
of reducing the full-time employment oppor- workers.
tunities of adult workers. Removes present law's requirements in secs.
14(b) and (c) that employers receive U.S. Labor Department certification in order to
employ youths at special minimum rates. S. 1861, as passed, provided a child labor exemption for newsboys delivering shopping news and advertising materials published by a newspaper. Makes employers in violation of the Fa! Allows the Secretary of Labor to bring suit to Allows the Secretary of Labor to bring suit to No change from present law.
Labor Standatds Act liable to affected recover unpaid minimum wages or overtime recover unpaid minimum wages or overtime
settled by the courts.
Retains the present minimum wage of $1.60 an Retains the present minimum wage of $1.60 an
hour for Canal Zone workers.
Extends coverage of the Age Discrimination in Extends coverage of the Age Discrimination in No change from present law.
Employment Act of 1967 to Federal, State, Employment Act of 1967 to Federal, State,
Federal employment. 3
VII. EFFECTIVE DATE
60 days after date of enactment.
1st day of 2d full month after date of enactment
or August 1, 1973, whichever occurs first.
(d) Liquidated damages:
of the employee.
60 days after date of enactment..
2 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.
3 Similar proposals are contained in S. 635 (Bentsen) and S. 1810 (Church).
Note: S. 1861, as passed, provided for a criminal penalty for employees who knowingly employ aliens in violation of immigration laws.