a

ing: “or employed in any enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce".

Minimum Wages Sec. 5. (a) (1) Section 6(a) of such Act is amended by inserting after the word "who" in the portion thereof preceding paragraph (1), the words "in any workweek”.

(2) Paragraph (1) of section 6(a) of such Act is amended to read as follows:

"(1) not less than $1.15 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1960; not less than $1.20 an hour during the second year from such date; and not less than $1.25 an hour thereafter, except as otherwise provided in this section."

(3) The first sentence of paragraph (3) of section 6(a) of such Act is amended to read as follows:

“(3) if such employee is employed in American Samoa, in lieu of the rate or rates provided by this subsection or subsection (b), not less than the applicable rate established by the Secretary of Labor in accordance with recommendations of a special industry committee or committees which he shall appoint in the same manner and pursuant to the same provisions as are applicable to the special industry committees provided for Puerto Rico and the Virgin Islands by this Act as amended from time to time."

(b) Subsection (b) of section 6 of such Act is amended to read as follows:

"(b) Every employer shall pay to each of his employees who in any workweek (i) is employed in an enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce, as defined in section 3(t) (1), (2), or (3) or in an establishment described in section 3(t) (4) or (5), and who, except for the enactment of the Fair Labor Standards Amendments of 1960, would not be within the purview of this section, or (ii) is brought within the purview of this section by the amendments made to section 13(a) of this Act by the Fair Labor Standards Amendments of 1960, wages at rates

“(1) not less than $1 an hour during the first year from the effective date of such amendments; not less than $1.10 an hour during the second year from such date and thereafter;

“(2) if such employee is employed as a seaman on an American vessel, wages at not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for all hours during such period when he was actually on duty (not including off-duty periods within such period which are provided pursuant to the employment agreement or periods aboard ship when the employee was not on watch and was not, at the direction of a superior officer, either performing other work or standing by).

(c) Subsection (c) of section 6 of such Act is amended to read as follows:

“(C) The provisions of subsections (a) and (b) of this section shall be superseded in the case of any employee in Puerto Rico or the Virgin Islands engaged in commerce or in the production of goods for commerce or employed in any enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce only for so long as and insofar as such employee is covered by a wage order heretofore or hereafter issued by the Secretary pursuant to the recommendations of

special

industry committee appointed pursuant to section 5: Provided, That (1) the following rates shall apply to any such employee to whom the rate or rates prescribed by subsection (a) would otherwise apply:

"(A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1960, increased by 15 per centum, unless such rate or rates are supersided by the rate of rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed under paragraph (D). Such rate or rates shall be effective during the one-year period beginning sixty days after the effective date of the Fair Labor Standards Amendments of 1960 or one year from the effective date of the most recent wage order applicable to such employee theretofore issued by the Secretary pursuant to the recommendations of a special industry committee appointed under section 5, whichever is later.

"(B) During the one-year period immediately following the expiration of the one-year period during which the rate or rates provided by paragraph (A) apply, not less than the rate or rates prescribed by paragraph (A), increased by an amount equal to 5 per centum of the rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1960.

“(C) Upon the expiration of the oneyear period during which the rate or rates provided by paragraph (B) apply not less than the rate or rates prescribed by paragraph (B), increased by 5 per centum of the rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1960.

“(D) Any employer or group of employers employing a majority of the employees in an industry in Puerto Rico or the Virgin Islands may apply to the Secretary in writing for the appointment of a special industry committee in accordance with section 5 to recommend the minimum rate or rates to be paid such employees in lieu of the rate or rates provided by paragraph (A). Any such application shall be filed within 60 days following the enactment of the Fair Labor Standards Amendments of 1960. The Secretary shall promptly consider

such application and may appoint a special industry committee only if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance, with the rate or rates prescribed by paragraph (A) will substantially curtail employment in such industry. The Secretary's decision upon any such application shall be final.

“(E) In the event a wage order has not been issued pursuant to the recommendation of a special industry committee, appointed pursuant to paragraph (D), prior to the effective date provided by paragraph (A), the percentage increase provided by paragraph (A) shall take effect on such effective date except with respect to the employees of an employer who filed an application under paragraph (D) and who files with the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his employees of an amount suficient to compensate such employees for the difference between the wages they actually receive and the wages to which they are entitled under this subsection. The Secretary shall be empowered to enforce such undertaking and any sums recovered by him shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee or employees afected. Any such sum not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts.

“(2) In the case of any such employee to whom subsection (b) would otherwise apply, the Secretary shall within sixty days after the enactment of the Fair Labor Standards Amendments of 1960 appoint a special industry committee in accordance with section 5 to recommend the highest minimum wage rate or rates, in accordance with the standards prescribed by section 8, not in excess of the applicable rate provided by subsection (b), to be applicable to such employee in lieu of the rate or rates prescribed by subsection (b). The rate or rates recommended by the special industry committee shall be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation but not before sirty lays after the effective date of the Fair Labor Standards Amendments of 1960.

“(3) The provisions of section 8 shall be applicable to special industry committees appointed under this subsection. The appointment of a special industry committee pursuant to paragraph (D) shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to the provisions of subsection (a) of section 8, except that no special industry committee appointed for any industry pursuant to the provisions of subsection (a) of section 8 shall hold any hearing within one year after a minimum wage rate or rates for such industry shall have been recommended to the Secretary by a special industry committee appointed pursuant to paragraph (D). The minimum wagę

merce or of the production of goods for commerce".

Exemptions Sec. 9. Subsections (a) and (b) of section 13 of such Act are amended to read as follows:

“(a). The provisions of sections 6 and 7 shall not apply with respect tome

"(1) any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman, or any employee employed by a hotel, motel or an establishment primarily engaged in the preparation or offering of food or beverages for human consumption in an occupation; or

“(2) any employee employed by any retail or service establishment (except an establishment in an enterprise described in section 3(t) (1) or an establishment described in section 3(t) (5), more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. A 'retail or serv. ice establishment' shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry;

or

rate or rates prescribed by this subsection shall be in effect only for so long as and insofar as such minimum wage rate or rates have not been superseded by a wage order firing a higher minimum wage rate or rates (but not in excess of the applicable rate prescribed in subsection (a) or subsection (6)), hereafter issued by the Secretary pursuant to the recommendation of a special industry committee appointed under section 5.”

Maximum Hours Sec. 6. (a) Subsection (a) of section 7 of such Act is amended by designating such subsection as subsection (a) (1), by inserting after the word "who" the words "in any workweek”, and by striking out the period at the end thereof and inserting a semicolon and the word "and" in lieu thereof and adding the following new paragraph (2):

“(2) No employer shall employ any of his employees who in any workweek (i) is employed in an enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce, as defined in section 3(t) (1), (2), 07 (3), or in an establishment described in section 3(t) (4), and who, except for the enactment of the Fair Labor Standards Amendments of 1960, would not be within the purview of this subsection, or (ii) is brought within the purview of this subsection by the amendments made to section 13 of this Act by the Fair Labor Standards Amendments of 1960

“(A) for a workweek longer than forty-five hours during the second year from the effective date of the Fair Labor Standards Amendments of 1960

and thereafter, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

(b) (1) Subsection (b) of section 7 of such Act is amended by striking out "in excess of forty hours in the workweek” in paragraph (2) and inserting in lieu thereof the following: "in excess of the maximum workweek applicable to such employee under subsection (a)".

(2) Such subsection is further amended by striking out clause (3) thereof and the portion of such subsection which follows clause (3) and inserting in lieu thereof the following:

“(3) for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (i) in an industry found by the Secretary of Labor to be of a seasonal nature, or (ii) in an industry engaged in the first processing of, or in canning or packing perishable or seasonal fresh fruits or vegetables, or in the first processing, within the area of production (as defined by the Secretary) of any agricultural or horticultural commodity during seasonal operations, or in handling, slaughtering, or dressing poultry or livestock: Provided, That in any industry to which both clauses (i) and (ii) apply, such period shall not exceed ten workweeks in the aggregate in any calendar year, and if

such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. In the case of any employee employed in an industry to which both (i) and (ii) of clause (3) apply, the provisions of subsection (a) shall not apply during a period or periods or not more than ten workweeks in the aggregate in any calendar year, which shall be in addition to the period or periods provided with respect to such employee in clause (3)."

(c) Subsection (c) of section 7 of such Act is amended by striking out everything therein after the semicolon and inserting in lieu of the semicolon a period.

(d) Paragraph (5) of subsection (d) of section 7 of such Act is amended by striking out "forty in a workweek” and inserting in lieu thereof the following: "in ercess of the maximum workweek applicable to such employee under subsection (a)”.

(e) Paragraph (7) of subsection (d) of section 7 of such Act is amended by striking out "forty hours” and inserting in lieu thereof the following: "the marimum workweek applicable to such employee under subsection (a)."

(f) Subsection (e) of section 7 of such Act is amended (1) by striking out "forty hours" and inserting in lieu thereof "the maximum workweek applicable to such employee under subsection (a)”, (2) by striking out "section 6(a)" and inserting in lieu thereof "subsection (a) or (b) of section 6 (whichever may be applicable)”, and (3) by striking out "forty in any” and inserting in lieu thereof "such maximum".

(g) Subsection (1) of section 7 of such Act is amended by striking out "forty hours" both times it appears therein and inserting in lieu thereof the following: “the maximum workweek applicable to such employee under such subsection". Wage Orders in Puerto Rico and the

Virgin Islands Sec. 7. Subsection (a) of section 8 of such Act is amended by inserting after the words "production of goods for commerce" where they appear in the first sentence the following: "Or with respect to any enterprise in Puerto Rico or in the Virgin Islands substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce"; and by inserting after such words where they appear in the second sentence the following: “or in any enterprise substantially engaged in doing business as an integral part of commerce or of the production of goods for commerce".

Child Labor Provisions Sec. 8. Subsection (c) of section 12 of such Act is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "or in any enterprise substantially engaged in doing business as an integral part of com

OT

“(3) any employee employed by an establishment (except an establishment in an enterprise described in section 3(t) (2)) engaged in laundering, cleaning, or repairig clothing or fabrics, more than 50 per centum of which establishment's annual dollar volume of sales of such services is made within the State in which the establishment is located: Provided, That 75 per centum of such establishment's annual dollar volume of sales of such services is made to customers who are not engaged in a mining, manufacturing, transportation, communications business: Provided, further, that this exemption shall not apply to any employee of any such establishment which has an annual dollar volume of sales of such services of $250,000 or more and which is engaged in substantial competition in the same metropolitan area with an establishment less than 50 per centum of whose annual dollar volume of sales of such services is made within the State in which it is located; or

“(4) any employee employed by an establishment which qualifies as an erempt retail establishment under clause (2) of this subsection and is recognized as a retail establishment in the particular industry notwithstand. ing that such establishment makes or processes at the retail establishment the goods that it sells: Provided, That more than 85 per centum of such establishment's annual dollar volume of sales of goods so made or processed is made within the State in which the establishment is located; or

“(5) any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any

kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning, or packing such marine products at sea as an incident to or in conjunction with such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; or

"(6) any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a share-crop basis, and which are used exclusively for supply and storing of water for agriculture purposes; or

“(7) any employee to the extent that such employee is exempted by regulations or orders of the Secretary issued under section 14; or

"(8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where printed and published or counties contiguous thereto; or

“(9) any employee employed in a motion picture theater; or

"(10) any individual employed within the area of production (as defined by the Secretary), engaged in handling, packing, storing, ginning, compressing, pasteurizing, drying, preparing in their raw or natural state, or canning of agricultural or horticultural commodities for market, or in making cheese or butter or other dairy products; or

"(11) any switchboard operator employed by an independently owned public telephone exchange which has not more than seven hundred and fifty stations; or

"(12) any employee of an employer engaged in the business of operating taricabs; or

“(13) any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under clause (2) of this subsection with respect to whom the provisions of sections 6 and 7 would not otherwise apply, engaged in handling telegraphic messages for the public under an agency or contract arrangement with a telegraph company where the telegraph message revenue of such agency does not exceed $500 a month; or

“(14) any employee employed as a seaman on a vessel other than an American vessel; or

“(15) 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, procéssing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed twelve.

"(16) any employee employed by a retail establishment engaged in the

business of selling automobiles or trucks.

“(b) The provisions of section 7 shall not apply with respect to

“(1) any employee with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935; or

“(2) any employee of an employer subject to the provisions of part I of the Interstate Commerce Act; or

“(3) any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act; or

"(4) any employee employed in the canning, processing, marketing, freezing, curing, storing, packing for shipment, or distributing of any kind of fish, shellfish, or other aquatic forms of animal or vegetable life, or any byproduct thereof; or

“(5) any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or

“(6) any employee employed as a seaman; or

“(7) any employee of a street, suburban, or interurban electric railway, or local trolley or motor bus carrier, not included in other exemptions contained in this section; or

“(9) any employee of a gasoline service station; or

“(10) any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located in a city or town which has not more than 50,000 population according to the latest available decennial census and which is not included within a standard metropolitan area, as defined and designated by the Bureau of the Census, which has a total population in excess of 50,000." Penalties and injunction proceedings

Sec. 10. (a) Section 16(b) of such Act is amended by adding at the end thereof a new sentence as follows: "The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become

party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary of Labor in an action under section 17 in which restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing to such employee under section 6 or section 7 of this Act by an employer liable therefor under the provisions of this subsection."

(b) Section 17 of such Act is amended to read as follows:

"Injunction proceedings "Sec. 17. The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain

violations of section 15, including in the case of violations of section 15(a) (2) the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this Act (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 6 of the Portal-to-Portal Act of 1947)."

Effective date Sec. 11. This Act shall take effect on January 1, 1961.

It was determined in Yeas. 41 the negative----

Nays.--- 56 The yeas and nays having been heretofore ordered.

Senators who voted in the affirmative areAlken

Dworshak Mundt
Allott

Eastland Prouty
Beall
Ellender

Robertson
Bennett
Ervin

Russell
Bridges
Frear

Saltonstall
Bush

Fulbright Schoeppel
Butler

Goldwater Smathers
Byrd, Va. Hickenlooper Stennis
Capehart
Holland

Talmadge
Carlson
Hruska

Thurmond
Case, S. Dak. Jordan

Wiley
Cotton
Kuchel

Williams, Del.
Curtis
Lausche

Young, N. Dak. Dirksen

Morton
Senators who voted in the negative
are-
Anderson Hart

McNamara
Bartlett
Hartke

Magnuson
Bible
Hayden

Mansfield
Burdick
Hill

Monroney
Byrd, W. Va. Humphrey Morse
Cannon
Jackson

Moss
Carroll
Javits

Murray
Case, N.J. Johnson, Tex. Muskie
Chavez

Johnston, S.C. Pastore
Church
Keating

Proxmire
Clark

Kefauver Randolph
Cooper
Kennedy

Scott
Dodd
Kerr

Smith
Douglas

Long, Hawaii Sparkman
Engle

Long, La. Symington
Fong
Lusk

Williams, N.J. Gore

McCarthy Yarborough Green

McClellan Young, Ohio Gruening McGee

So the amendment, as modifiei, proposed by Mr. PROUTY was not agreed to.

On motion by Mr. MONRONEY (for himself, Mr. GORE, Mr. KERR, and Mr. CHURCH) to amend the bill by striking out on line 7, page 4, certain words and inserting in lieu thereof other words, relating to operating retail or service establishments in two or more States,

Pending debate,

Mr. MONRONEY raised a question as to the presence of a quorum;

Whereupon

The PRESIDING OFFICER (Mr. MUSKIE in the chair) directed the roll to be called;

When

Ninety-eight Senators answered to their names, as follows: Aoken

Byrd, W. Va. Curtis
Allott
Cannon

Dirksen
Anderson Capehart Dodd
Bartlett
Carlson

Douglas
Beall
Carroll

Dworshak
Bennett

Case, N.J. Eastland
Bible

Case, S. Dak. Ellender
Bridges
Chavez

Engle
Burdick
Church

Ervin
Bush
Clark

Fong
Butler
Cooper

Frear
Eyrd, Va.
Cotton

Fulbright

PAIR LABOR

OF

Ordered, That the Secretary notify the House of Representatives thereof.

STANDARDS AMENDMENTS

1960 The Senate resumed the consideration of its unfinished business, viz, the bill (S. 3758) to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employers engaged in activities affecting commerce, to increase the minimum wage under the act to $1.25 an hour, and for other purposes.

The bill was further amended on the motion of Mr. HARTKE, the motion of Mr. FULBRIGHT (for himself and Mr. McCLELLAN), the motion of Mr. WILLIAMS of Delaware (for himself and Mr. FREAR), the motion of Mr. GOLDWATER, and the motion of Mr. WILLIAMS of New Jersey.

On motion by Mr. COOPER (for himself and Mr. YOUNG of North Dakota) to further amend the bill by striking out all on line 12, page 14, down to and including line 13, on page 15, as follows:

"(2) Such subsection is further amended by striking out clause (3) thereof and the portion of such subscction which follows clause (3) and inserting in lieu thereof the following:

“(3) for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (i) in an industry found by the Secretary of Lahor to be of a seasonal nature, or (ii) in an industry engaged in the first processing of, or in canning or packing perishable or seasonal fresh fruits or vegetables, or in the first processing, within the area of production (as defined by the Secretary), of any agricultural or horticultural commodity during seasonal operations, or in handling, slaughtering, or dressing poultry or livestock: Provided, That in any industry to which both clauses (i) and (ii) apply, such period shall not exceed ten workweeks in the aggregate

in any calendar year, and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. In the case of any employee employed in an industry to which both (i) and (ii) of clause (3) apply, the provisions of subsection (a) shall not apply during a period or periods of not more than ten workweeks in the aggregate in any calendar year, which shall be in addition to the period or periods provided with respect to such employee in clause (3).'"

Pending debate,

Mr. KENNEDY raised a question as to the presence of a quorum;

Whereupon

The PRESIDING OFFICER (Mr. CANNON in the chair) directed the roll to be called;

When

Ninety-six Senators answered to their
names, as follows:
Aiken
Ervin

McGee
Allott
Fong

McNamara
Anderson
Frear

Magnuson
Bartlett

Fulbright Mansfield
Beall

Goldwater Monroney
Bennett
Gore

Morse
Bible
Green

Morton
Bridges

Gruening Moss
Burdick
Hart

Mundt
Bush
Hartke

Muskie
Butler
Hayden

Pastore
Byrd, Va. Hickenlooper Prouty
Byrd, W. Va. Hill

Proxmire
Cannon
Holland

Randolph
Capehart Hruska

Robertson
Carison

Humphrey Russell
Cerroll
Jackson

Saltonstall
Case, N.J.
Javits

Schoeppel
Case, S. Dak. Johnson, Tex. Scott
Chavez

Johnston, S.C. Smathers
Church
Jordan

Smith
Clark
Keating

Sparkman
Cooper
Kefauver

Stennis
Cotton

Kennedy Symington
Curtis
Kerr

Talmadge
Dirksen
Kuchel

Thurmond
Dodd
Lausche

Wiley
Dougias

Long, Hawaii Williams, Del. Dworshak Long, La. Williams, N.J. Estland Luk

Yarborough Ellender

McCarthy Young, N. Dak. Eagle

McClellan Young, Ohio
A quorum being present,

The question being taken on agreeing to the amendment proposed by Mr. COOPER (for himself and Mr. YOUNG of North Dakota),

It was determined in /Yeas.-- 50 the affirmative--------- INays---

Nays ----- 46 On motion by Mr. COOPER, The yeas and nays being desired by one-fifth of the Senators present.

Senators who voted in the affirmative
are-
Aiken
Ellender

Muskie
Allott
Elvin

Piouty
Beall
Fong

Robertson
Bennett
Frcar

Russell
Lridges

Fulbright Sultonstall Bush

Gold water Schceppel
Butler

Hckenlooper Scott
Hyra, Va.
H:

Smathers
Ca pehart Holland

Smith
Carlson
Hruska

Sparkman
Case, S. Dak. Johnston, S.C. Stennis
Cooper
Jordan

Talriadge
Cotton
Keating

Thurmond
Curtis
Kuchel

Wiley
Dirksen

McClellan Williams, Del. Dworshak Morton

Young, N. Dak. Istiand

Mundt
Senators who voted in the negative
are-
Anderson Gruening McGee
Darilett
Hart

McNamara
Bible
Hartke

Magnuson
Furdick
Hayden

Mansfield
Burd, W. Va. Humphrey Monroney
Cannon
Jackson

Morsc
Carroll
Javits

MOSS
Case, N.J.

Johson, Tex. Pastore
Chavez
Kefauver

Proxin re
Curch

Kennedy Randolph
Clark
Kerr

Symington
Dodd
Lasche

Williams, N.J. Douglas

Long. Hawaii Yarborough Eagle

Ling, La. Young, Ohio Gore

Luk
Green

McCarthy
So the amendment was agreed to.

On motion by Mr. MORTON to reconsider the vote agreeing to the amendment,

On motion by Mr. DIRKSEN, The motion to reconsider was laid on the table.

The bill was further amended on the motion of Mr. THURMOND (for himself,

Mr. SMATHERS, and Mr. JOHNSTON of South Carolina).

Ordered, That the bill be engrossed and read the third time. The said bill was read the third time.

On motion by Mr. KENNEDY, and by unanimous consent,

The Senate proceeded to consider the bill (H.R. 12677) to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of interstate retail enterprises, to increase the minimum wage under the act to $1.15 an hour, and for other purposes; and having been amended on the motion of Mr. KENNEDY by striking out all after the enacting clause and inserting in lieu thereof the provisions of S. 3758, as amended,

Ordered, That the amendment be engrossed and the bill read a third time.

The said bill, as amended, was read the third time.

On the question, Shall the bill pass? After debate,

It was determined in (Yeas.---- 62 the affirmative

(Nays.- 34 On motion by Mr. JOHNSON of Texas,

The yeas and nays being desired by one-fifth of the Senators present.

Senators who voted in the affirmative
are-
A ken
Gore

McNamara
Anderson
Green

Magnuson
Bartlett

Gruening Mansfield
Beall
Hart

Monroney
bible
Hartke

Morse burdick Hayden

Moss Byrd, W. Va. HII

Muskie
Cannon

Humphrey Pastore
Capchart
Jackson

Prouty
Carroll
Javits

Proxmire
Case. N.J. Johnson, Tex. Randolph
Chavez

Johaston, S.C. Saltonstall
Church
Keating

Scott
Clark

Kefauver Smith
Cooper

Kennedy Sparkman
Dodd
Kerr

Symington
Djuglas
Kuchel

Wiley Dworshak Long, Hawaii Williams, N.J. Engle

Long. La. Yarborough Fong

McCarthy Young, Ohio Fulbright McGee

Senators who voted in the negative
are
Allott
Ellender

Mundt
Bennett
Ervin

Robertson
Bridges
Frear

Russell
Bush

Goldwater Schoeppel Butler

H.ckenlooper Smathers
Fyrd, Va. Holland

Stennis
Carison
Hruska

Talmadge
Case, S. Dak. Jordan

Thurmond
Cotton
Lausche

Williams, Del.
Curtis
Lusk

Young, N. Dak. Dirksen

McClellan
Eastland Morton

So it was
Resolved, That the bill do pass.

On motion by Mr. JOHNSON of Texas to reconsider the vote on the passage of the bill,

On motion by Mr. HUMPHREY, The motion to reconsider was laid on the table.

The title was amended to read: "An Act to amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employers engaged in activities affecting commerce, to increase the mini