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compensation at a rate not less than one and one-half times the regular rate at which he is employed for his employment in excess of (i) forty-eight hours in any workweek during the first year from the effective date of the Fair Labor Standards Amendments of 1973, (ii) forty-six hours in any workweek during the second year from the effective date of the Fair Labor Standards Amendments of 1973, and (iii) forty-four hours in any workweek thereafter; or".

(5) Section 13 (b) (10) of such Act, relating to em11 ployees employed as salesmen, partsmen, or mechanics by 12 automobile, trailer, truck, farm implement, or aircraft deal13 ers, is amended to read as follows:

"(10) any salesman, partsman, or mechanic primarily engaged in selling or servicing farm implements or any salesman primarily engaged in selling automobiles, trailers, or trucks if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; or".

(6) Section 13 (b) (15) of such Act is amended to read as follows:

"(15) any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; or".

(7) (A) Effective sixty days after the date of enact

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1 ment of the Fair Labor Standards Amendments of 1973, 2 section 13 (b) (18) of such Act, relating to employees of 3 catering establishments, is amended by inserting imme4 diately before the semicolon the following: "and receives 5 compensation for employment in excess of forty-eight hours 6 in any workweek at a rate not less than one and one-half 7 times the regular rate at which he is employed".

8

(B) Effective one year after such date such paragraph 9 is amended by striking out "forty-eight hours" and inserting 10 in lieu thereof "forty-four hours".

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(C) Effective two years after such date such paragraph 12 is repealed.

13 (8) (A) Effective one year after the effective date of 14 the Fair Labor Standards Amendments of 1973, section 15 13 (b) (19) of such Act, relating to employees of bowling 16 establishments, is amended by striking out "forty-eight 17 hours" and inserting in lieu thereof "forty-four hours”.

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(B) Effective one year after such date such paragraph

19 is repealed.

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(9) Sections 13 (b) (5), 13 (b) (6), 13(b) (7), 13 21 (b) (8), 13 (b) (9), 13 (b) (10), 13(b) (11), 13(b)

22 (12), 13(b) (13), 13 (b) (14),

13(b) (15), 13(b)

13(b) (18),

and 13 (b) (19),

23 (16), 13(b) (17), 24 are redesignated as sections 13 (b) (4), 13 (b) (5), 13(b) 25 (6), 13 (b) (7), 13 (b) (8), 13 (b) (9), 13 (b) (10), 13

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1(b) (11), 13 (b) (12), 13 (b) (13), 13 (b) (14), 13(b) 2 (15), 13 (b) (16), 13 (b) (17), and 13 (b) (18), respec3 tively.

4

(10) Section 13 (b) (18) (as redesignated by the pre

5 ceding paragraph) is amended by striking out the period 6 and inserting in lieu thereof a semicolon and the word "or". (11) Section 13 (b) of such Act is amended by adding

7

8 at the end thereof the following new paragraphs:

"(19) any employee who in any workweek is employed in domestic service in a household; or

"(20) 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, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight.”

(c) Section 13 (c) (1) of such Act is amended to read as follows:

"(c) (1) Except as provided in paragraph (2) the pro

visions of section 12 relating to child labor shall not apply to

22 any employee employed in agriculture outside of school hours

23 for the school district where such employee is living while he 24 is so employed, if such employee

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"(A) is employed by his parent, or by a person

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standing in the place of his parent, on a farm owned or

operated by such parent or person, or

"(B) is fourteen years of age or older, or

"(C) is twelve years of age or older, and (i) such employment is with the written consent of his parent or

person standing in place of his parent, or (ii) his parent

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or person standing in place of his parent is employed on the same farm.”

9 LEARNERS, APPRENTICES, STUDENTS, AND HANDICAPPED

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WORKERS

SEC. 7. Section 14 (b) of the Fair Labor Standards Act 12 of 1938, as amended, is amended (1) by inserting following 13 the word "establishments" each time it appears, the words 14 "or educational institutions" and by inserting following the 15 word "establishment" each time it appears, the words "or 16 educational institution", (2) by inserting following the words 17 "Fair Labor Standards Amendments of 1966,", the words 18 "and the Fair Labor Standards Amendments of 1973", and 19 (3) by inserting, following the words "prior to such", the 20 word "applicable".

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222 223

PENALTIES

SEC. 8. The first two sentences of section 16 (c) of the

23 Fair Labor Standards Act of 1938, as amended, are amended

24 to read as follows:

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"The Secretary is authorized to supervise the payment

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1 of the unpaid minimum wages or the unpaid overtime com2 pensation owing to any employee or employees under section 3 6 or 7 of this Act, and the agreement of any employee to 4 accept such payment shall upon payment in full constitute 5 a waiver by such employee of any right he may have under 6 subsection (b) of this section to such unpaid minimum 7 wages or unpaid overtime compensation and an additional 8 equal amount as liquidated damages. The Secretary may 9 bring an action in any court of competent jurisdiction to 10 recover the amount of the unpaid minimum wages or over11 time compensation and an equal amount as liquidated 12 damages."

13 CIVIL PENALTY FOR CERTAIN CHILD LABOR VIOLATIONS SEC. 9. Section 16 of the Fair Labor Standards Act

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15 of 1938, as amended, is amended by adding at the end 16 thereof the following new subsection:

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"(e) Any person who violates the provisions of section 18 12, relating to child labor, or any regulation issued under 19 that section, shall be subject to a civil penalty of not to 20 exceed $1,000 for each such violation. In determining the 21 amount of such penalty, the appropriateness of such penalty 22 to the size of the business of the person charged and the 23 gravity of the violation shall be considered. The amount of 24 such penalty, when finally determined may be deducted from 25 any sums owing by the United States to the person charged."