93D CONGRESS 1ST SESSION 71 S. 1725 IN THE SENATE OF THE UNITED STATES MAY 7, 1973 Mr. DOMINICK (for himself and Mr. TAFT) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare A BILL To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Fair Labor Standards 4 Amendments of 1973". DEFINITIONS AND APPLICABILITY TO GOVERNMENT 5 6 7 EMPLOYEES SEC. 2. (a) Section 3 (d) of the Fair Labor Standards 8 Act of 1938 (29 U.S.C. 203 (d)) is amended to read as 9 follows: 10 "(d) 'Employer' includes any person acting directly or 11 indirectly in the interest of an employer in relation to an 2 1 employee, including the United States and any State or po2 litical subdivision of a State, but shall not include any 3 labor organization (other than when acting as an employer), 4 or anyone acting in the capacity of officer or agent of such 5 labor organization." 6 (b) Section 3 (e) of such Act is amended by adding at 7 the end thereof the following: "In the case of any individual 8 employed by the United States, 'employee' means any in9 dividual employed (i) as a civilian in the military depart10 ments as defined in section 102 of title 5, United States 11 Code, (ii) in executive agencies (other than the General 12 Accounting Office) as defined in section 105 of title 5, United 13 States Code (including employees who are paid from non14 appropriated funds), (iii) in the United States Postal Serv15 ice and the Postal Rate Commission, (iv) in those units of 16 the government of the District of Columbia having positions 17 in the competitive service, (v) in those units of the legis18 lative and judicial branches of the Federal Government hav19 ing positions in the competitive service, and (vi) in the 20 Library of Congress, and in the case of any individual em21 ployed by any State or a political subdivision of any State 22 means any employee holding a position comparable to one 23 of the positions enumerated for individuals employed by the 24 United States.". 96-478 O-73-3 3 1 (c) Section 3 (h) of such Act is amended to read as 2 follows: 3 “(h) 'Industry' means a trade, business, industry, or 4 other activity, or branch or group thereof, in which individ5 uals are gainfully employed.". 6 (d) (1) The first sentence of section 3 (r) of such Act 7 is amended by inserting after the word "whether", the words 8 "public or private or conducted for profit or not for profit, 9 or whether". 10 11 (2) The second sentence of such subsection is amended to read as follows: "For purposes of this subsection, the activ12 ities performed by any person in connection with the 13 activities of the Government of the United States or any. 14 State or political subdivision shall be deemed to be activities 15 performed for a business purpose.". 16 (e) The first sentence of section 3 (s) of such Act is 17 amended by inserting after the words "means an enter18 prise", the parenthetical clause "(whether public or private 19 or operated for profit or not for profit and including activities 20 of the Government of the United States or of any State or 21 political subdivision of any State)”. 223 (f) Section 13 (b) of such Act is amended by striking 23 out the period at the end of paragraph (19) and inserting in 4 1 lieu thereof a semicolon and the word "or" and by adding at 2 the end thereof the following new paragraph: 3 "(20) any employee employed by the United States 4 (A) as a civilian in the military departments as defined in 5 section 102 of title 5, United States Code, (B) in executive 6 agencies (other than the General Accounting Office) as de7 fined in section 105 of title 5, United States Code (including 8 employees who are paid from nonappropriated funds), (C) 9 in the United States Postal Service and the Postal Rate Com10 mission, (D) in those units of the government of the District 11 of Columbia having positions in the competitive service, (E) 12 in those units of the legislative and judicial branches of the 13 Federal Government having positions in the competitive 14 service, and (F) in the Library of Congress, and any em15 ployee employed by any State or a political subdivision of 16 any State holding a position comparable to one of the posi17 tions enumerated in this paragraph for individuals employed 18 by the United States." 19 20 INCREASE IN MINIMUM WAGE SEC. 3. (a) Section 6 (a) (1) of the Fair Labor Stand 21 ards Act of 1938 is amended to read as follows: 66 (1) (A) not less than $1.80 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1973, 1 2 3 4 5 6 5 "(B) not less than $2 an hour during the second year from the effective date of such amendments, year "(C) not less than $2.10 an hour during the third from the effective date of such amendments, "(D) not less than $2.20 an hour during the fourth year from the effective date of such amendments, and "(E) not less than $2.30 an hour thereafter." (b) Paragraph (5) of section (6) (a) is amended to 9 read as follows: བ 7 8 10 11 12 13 14 15 16 17 "(5) if such employee is employed in agriculture, not less than $1.50 an hour during the first year from the effective date of the Fair Labor Standards Amend ments of 1973, not less than $1.70 an hour during the second year from the effective date of such amendments, and not less than $1.90 an hour thereafter." (c) (1) Section 6(b) of such Act is repealed. (2) Subsections (c), (d), and (e) of section 6 of such 18 Act are redesignated as subsections (b), (c), and (d), 19 respectively. 20 223 21 EMPLOYEES IN THE CANAL ZONE SEC. 4. Section 6 (a) of the Fair Labor Standards Act 22 of 1938 is amended by striking out the period at the end 23 of paragraph (5) of such section and inserting in lieu thereof |