under subsection (b) or $1.00 an hour, whichever is greater, to be applicable to such employee in lieu of the rate or rates prescribed by subsection (b). The rate recommended by the special industry committee shall (A) be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation, but not before sixty days after the effective date of the Fair Labor Standards Amendments of 1974, and (B) except in the case of employees of the government of Puerto Rico or any political subdivision thereof, be increased in accordance with paragraph (2)(B). "(4) (A) Notwithstanding paragraph (2) (A) or (3), the wage rate of any employee in Puerto Rico or the Virgin Islands which is subject to paragraph (2) (A) or (3) of this subsection, shall, on the effective date of the wage increase under paragraph (2) (A) or of the wage rate recommended under paragraph (3), as the case may be, be not less than 60 per centum of the otherwise applicable rate under subsection (a) or (b) or $1.00, whichever is higher. "(B) Notwithstanding paragraph (2) (B), the wage rate of any employee in Puerto Rico or the Virgin Islands which is subject to paragraph (2)(B), shall, on and after the effective date of the first per centum wage increase under paragraph (2) (B), be not less than 60 of the otherwise applicable rate under subsection (a) or (b) or $1.00, whichever is higher. 88 STAT 57 "(5) If the wage rate of an employee is to be increased under this 88 STAT. 58 subsection to a wage rate which equals or is greater than the wage rate under subsection (a) or (b) which, but for paragraph (1) of this subsection, would be applicable to such employee, this subsection shall be inapplicable to such employee and the applicable rate under such subsection shall apply to such employee. "(6) Each minimum wage rate prescribed by or under paragraph (2) or (3) shall be in effect unless such minimum wage rate has been superseded by a wage order (issued by the Secretary pursuant to the recommendation of a special industry committee convened under section 8) fixing a higher minimum wage rate." (c) (1) The last sentence of section 8(b) is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the following: "except that the committee shall recommend to the Secretary the minimum wage rate prescribed in section 6(a) or 6(b), which would be applicable but for section 6 (c), unless there is substantial documentary evidence, including pertinent unabridged profit and loss statements and balance sheets for a representative period of years or in the case of employees of public agencies other appropriate information, in the record which establishes that the industry, or a predominant portion thereof, is unable to pay that wage." (2) The third sentence of section 10(a) is amended by inserting after "modify" the following: "(including provision for the payment of an appropriate minimum wage rate)". (d) Section 8 is amended (1) by striking out "the minimum wage prescribed in paragraph (1) of section 6(a) in each such industry” in the first sentence of subsection (a) and inserting in lieu thereof "the minimum wage rate which would apply in each such industry under paragraph (1) or (5) of section 6(a) but for section 6(c)", (2) by striking out "the minimum wage rate prescribed in paragraph (1) of section 6(a)" in the last sentence of subsection (a) and inserting in lieu thereof "the otherwise applicable minimum wage rate in effect under paragraph (1) or (5) of section 6(a)", and (3) by striking out "prescribed in paragraph (1) of section 6(a)" in subsection (c) and inserting in lieu thereof "in effect under paragraph (1) or (5) of section 6(a) (as the case may be)”. Infra. 63 Stat. 915; 69 Stat. 711. 29 USC 208. Ante, p. 55. Ante, p. 56. 69 Stat. 712; 72 Stat. 948. 29 USC 210. 75 Stat. 70. Pub. Law 93-259 4 April 8, 1974 "Employer." 52 Stat. 1060; 80 Stat. 830. 29 USC 203. "Employee." 80 Stat. 832. 80 Stat. 378. "Industry." 52 Stat. 1060. 75 Stat. 65; 86 Stat. 375. 80 Stat. 831; 86 Stat. 375. FEDERAL AND STATE EMPLOYEES SEC. 6. (a) (1) Section 3(d) is amended to read as follows: "(d) 'Employer' includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization." (2) Section 3 (e) is amended to read as follows: (e) (1) Except as provided in paragraphs (2) and (3), the term 'employee' means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means "(A) any individual employed by the Government of the United States "(i) as a civilian in the military departments (as defined in section 102 of title 5, United States Code), "(ii) in any executive agency (as defined in section 105 of such title), “(iii) in any unit of the legislative or judicial branch of the Government which has positions in the competitive service, "(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, or "(v) in the Library of Congress; "(B) any individual employed by the United States Postal Service or the Postal Rate Commission; and "(C) any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual "(i) who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and "(ii) who "(I) holds a public elective office of that State, political subdivision, or agency, "(II) is selected by the holder of such an office to be a member of his personal staff, "(III) is appointed by such an officeholder to serve on a policymaking level, or "(IV) who is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office. "(3) For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family.". (3) Section 3 (h) is amended to read as follows: 66 (h) 'Industry' means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed.". (4) Section 3 (r) is amended by inserting "or" at the end of paragraph (2) and by inserting after that paragraph the following new paragraph: 66 "(3) in connection with the activities of a public agency,". (5) Section 3 (s) is amended (A) by striking out in the matter preceding paragraph (1) "including employees handling, selling, or otherwise working on goods" and inserting in lieu thereof "or employees handling, selling, or otherwise working on goods or materials", April 8, 1974 - 5 Pub. Law 93-259 88 STAT. 60 (B) by striking out "or" at the end of paragraph (3), 80 Stat. 831. (C) by striking out the period at the end of paragraph (4) and 29 USC 203. inserting in lieu thereof "; or", (D) by adding after paragraph (4) the following new paragraph: "(5) is an activity of a public agency.", and (E) by adding after the last sentence the following new sentence: "The employees of an enterprise which is a public agency shall for purposes of this subsection be deemed to be employees engaged in commerce, or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce.". (6) Section 3 is amended by adding after subsection (w) the following: (x) 'Public agency' means the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Rate Commission), a State, or a political subdivision of a State; or any interstate governmental agency.". "Public agens cy." 52 Stat. 1060; 30 Stat. 832, (b) Section 4 is amended by adding at the end thereof the following 75 Stat. 66. new subsection: "(f) The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary's functions under this Act with respect to such individuals. Notwithstanding any other provision of this Act, or any other law, the Civil Service Commission is authorized to administer the provisions of this Act with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Rate Commission, or the Tennessee Valley Authority). Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages under section 16(b) of this Act.". (c)(1) (A) Effective January 1, 1975, section 7 is amended by adding at the end thereof the following new subsection: (k) No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if (1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed 240 hours; or "(2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 240 hours bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed." 29 USC 204. 29 USC 216. 52 Stat. 1063; 80 Stat. 842. 29 USC 207. (B) Effective January 1, 1976, section 7(k) is amended by strik- Effective date. ing out "240 hours" each place it occurs and inserting in lieu thereof Supra. "232 hours". (C) Effective January 1, 1977, such section is amended by striking Effective date. out "232 hours" each place it occurs and inserting in lieu thereof "216 hours". 88 STAT. 61 Effective date. Ante, p. 60. 75 Stat. 713 80 Stat. 837. 29 USC 213. Effective date. Studies. 29 USC 213 note. Supra. Publication in Federal Register. 52 Stat. 1069; 75 Stat. 74. 29 USC 216. Statute of limitation, suspension. 61 Stat. 87. 29 USC 255. Supra. Pub. Law 93-259 - 6 April 8, 1974 (D) Effective January 1, 1978, such section is amended (i) by striking out "exceed 216 hours" in paragraph (1) and inserting in lieu thereof "exceed the lesser of (A) 216 hours, or (B) the average. number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975"; and (ii) by striking out "as 216 hours bears to 28 days" in paragraph (2) and inserting in lieu thereof "as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days". (2)(A) Section 13(b) is amended by striking out the period at the end of paragraph (19) and inserting in lieu thereof "; or" and by adding after that paragraph the following new paragraph: "(20) any employee of a public agency who is employed in fire protection or law enforcement activities (including security personnel in correctional institutions);". (B) Effective January 1, 1975, section 13 (b) (20) is amended to read as follows: "(20) any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be; or". (3) The Secretary of Labor shall in the calendar year beginning January 1, 1976, conduct (A) a study of the average number of hours in tours of duty in work periods in the preceding calendar year of employees (other than employees exempt from section 7 of the Fair Labor Standards Act of 1938 by section 13(b) (20) of such Act) of public agencies who are employed in fire protection activities, and (B) a study of the average number of hours in tours of duty in work periods in the preceding calendar year of employees (other than employees exempt from section 7 of the Fair Labor Standards Act of 1938 by section 13(b) (20) of such Act) of public agencies who are employed in law enforcement activities (including security personnel in correctional institutions). The Secretary shall publish the results of each such study in the Federal Register. (d) (1) The second sentence of section 16(b) is amended to read as follows: "Action to recover such liability may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated.". (2) (A) Section 6 of the Portal-to-Portal Pay Act of 1947 is amended by striking out the period at the end of paragraph (c) and by inserting in lieu thereof a semicolon and by adding after such paragraph the following: "(d) with respect to any cause of action brought under section 16(b) of the Fair Labor Standards Act of 1938 against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judg April 8, 1974 7 Pub. Law 93-259 88 STAT. 62 ment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.". (B) Section 11 of such Act is amended by striking out "(b)” after 61 Stat. 89. "section 16". DOMESTIC SERVICE WORKERS SEC. 7. (a) Section 2(a) is amended by inserting at the end the following new sentence: "That Congress further finds that the employment of persons in domestic service in households affects commerce." (b) (1) Section 6 is amended by adding after subsection (e) the following new subsection: "(f) Any employee 29 USC 260. 52 Stat. 1060; 29 USC 206. "(1) who in any workweek is employed in domestic service in a household shall be paid wages at a rate not less than the wage rate in effect under section 6(b) unless such employee's compensation for such service would not because of section 209 (g) of the Social Security Act constitute wages for the purposes of title II 64 Stat. 492; of such Act, or "(2) who in any workweek "(A) is employed in domestic service in one or more households, and "(B) is so employed for more than 8 hours in the aggregate, shall be paid wages for such employment in such workweek at a rate not less than the wage rate in effect under section 6(b)." (2) Section 7 is amended by adding after the subsection added by section 6(c) of this Act the following new subsection: "(1) No employer shall employ any employee in domestic service in one or more households for a workweek longer than forty hours unless such employee receives compensation for such employment in accordance with subsection (a).” (3) Section 13 (a) is amended by adding at the end the following new paragraph: "(15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)." 68 Stat. 1078. 42 USC 409. Ante, p. 55. 75 Stat. 71; 80 Stat. 838. 29 USC 213. (4) Section 13(b) is amended by adding after the paragraph added Ante, p. 61. by section 6(c) the following new paragraph: "(21) any employee who is employed in domestic service in a household and who resides in such household; or". RETAIL AND SERVICE ESTABLISHMENTS SEC. 8. (a) Effective January 1, 1975, section 13 (a) (2) (relating to employees of retail and service establishments) is amended by striking out "$250,000" and inserting in lieu thereof "$225,000". (b) Effective January 1, 1976, such section is amended by striking out "$225,000" and inserting in lieu thereof "$200,000". (c) Effective January 1, 1977, such section is amended by striking out "or such establishment has an annual dollar volume of sales which is less than $200,000 (exclusive of excise taxes at the retail level which are separately stated)". TOBACCO EMPLOYEES SEC. 9. (a) Section 7 is amended by adding after the subsection added by section 7 (b) (2) of this Act the following: Effective date 80 Stat. 833. Effective date Effective date Supra. |