September 23, 1966 - 7 Pub. Law 89-601 80 STAT. 837 FOOD SERVICE AND BOWLING ESTABLISHMENT EMPLOYEES SEC. 210. (a) Section 13(a) (20) of such Act is repealed. (b) Section 13 (b) of such Act is amended by adding after paragraph (17) (added by section 206 (b) (2) of this Act) the following new paragraphs: "(18) any employee of a retail or service establishment who is employed primarily in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of members of clubs; or "(19) any employee of a bowling establishment if such employee receives compensation for employment in excess of fortyeight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed." GASOLINE SERVICE STATIONS SEC. 211. Section 13 (b) (8) of such Act is repealed. PETROLEUM DISTRIBUTION EMPLOYEES SEC. 212. (a) Section 13 (b) (10) of such Act is repealed. (b) Section 7(b) (3) of such Act is amended to read as follows: Repeal. 75 Stat. 73. 29 USC 213. Repeal. Repeal. 63 Stat. 913. "(3) by an independently owned and controlled local enterprise 29 USC 207. (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if "(A) the annual gross volume of sales of such enterprise is less than $1,000,000 exclusive of excise taxes, "(B) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and 66 "(C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale, and such employee receives compensation for employment in excess of forty hours in any workweek at a rate not less than one and one-half times the minimum wage rate applicable to him under section 6,”. ENIWETOK AND KWAJALEIN ATOLLS AND JOHNSTON ISLAND SEC. 213. Section 13(f) of such Act is amended by striking out "and the Canal Zone" and inserting in lieu thereof "Eniwetok Atoll; Kwajalein Atoll; Johnston Island; and the Canal Zone". ELEMENTARY AND SECONDARY SCHOOL TEACHERS AND SCHOOL Post, p. 838. 71 Stat. 514. 29 USC 213. SEC. 214. Section 13(a)(1) of such Act is amended by inserting 75 Stat. 71. after "professional capacity" the following: "(including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)". TECHNICAL AND CONFORMING AMENDMENTS SEC. 215. (a) Section 3(n) of such Act is amended by striking 29 USC 203. out ", except as used in subsection (s) (1),”. Ante, p. 831. 80 STAT. 838 75 Stat. 72. 29 USC 213. 52 Stat. 1062; Pub. Law 89-601 - 8 September 23, 1966 (b) Section 13(a) of such Act is amended (1) by redesignating paragraphs (11), (13), (14), (15), and (21) as paragraphs (10), (11), (12), (13), and (14), respectively, and (2) by striking out "; or" at the end of paragraph (14) (as so redesignated in this subsection) and inserting in lieu thereof a period. (c) Paragraph (7) of section 13(a) of such Act is amended by striking out "or order" and inserting in lieu thereof ", order, or certificate". TITLE III-INCREASE IN MINIMUM WAGE PRESENTLY COVERED EMPLOYEES SEC. 301. (a) Section 6(a) of such Act is amended by amending that portion of the section preceding paragraph (2) to read as follows: "(a) Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: "(1) not less than $1.40 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966 and not less than $1.60 an hour thereafter, except as otherwise provided in this section;". (b) Such section is amended by striking out the period at the end of paragraph (3) and inserting a semicolon, and by adding the following new paragraph: "(4) if such employee is employed as a seaman on an American vessel, 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 (including periods aboard ship when the employee was on watch or was, at the direction of a superior officer, performing work or standing by, but not including offduty periods which are provided pursuant to the employment agreement); or". AGRICULTURAL EMPLOYEES SEC. 302. Section 6(a) of such Act is amended by adding after paragraph (4) (added by section 301(b) of this Act) the following new paragraph: "75) if such employee is employed in agriculture, not less than $1 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966, not less than $1.15 an hour during the second year from such date, and not less than $1.30 an hour thereafter." NEWLY COVERED EMPLOYEES SEC. 303. Section 6(b) of such Act is amended to read as follows: "(b) Every employer shall pay to each of his employees (other than an employee to whom subsection (a) (5) applies) who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this section by the amendments made to this Act by September 23, 1966 - 9 Pub. Law 89-601 the Fair Labor Standards Amendments of 1966, wages at the following rates: "(1) not less than $1 an hour during the first year from the effective date of such amendments, “(2) not less than $1.15 an hour during the second year from such date, "(3) not less than $1.30 an hour during the third year from such date, "(4) not less than $1.45 an hour during the fourth year from such date, and "(5) not less than $1.60 an hour thereafter." EMPLOYEES IN PUERTO RICO AND THE VIRGIN ISLANDS SEC. 304. Section 6(c) of such Act is amended to read as follows: 75 Stat. 67. “(c) (1) The rate or rates provided by subsections (a) and (b) of 29 USC 206. this section shall be superseded in the case of any employee in Puerto Ante, p. 838. Rico or the Virgin Islands 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 a special industry committee appointed pursuant to section 5. 63 Stat. 911. "(2) In the case of any such employee who is covered by such a wage 29 USC 205. order and to whom the rate or rates prescribed by subsection (a) would otherwise apply, the following rates shall 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 1966, increased by 12 per centum, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). Such rate or rates shall become effective sixty days after the effective date of the Fair Labor Standards Amendments of 1966 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) Beginning one year after the applicable effective date under paragraph (A), not less than the rate or rates prescribed by paragraph (A), increased by an amount equal to 16 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 1966, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). "(C) 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 review committee to recommend the minimum rate or rates to be paid such employees in lieu of the rate or rates provided by paragraph (A) or (B). Any such application with respect to any rate or rates provided for under paragraph (A) shall be filed within sixty days following the enactment of the Fair Labor Standards Amendments of 1966 and any such application with respect to any rate or rates provided for under para graph (B) shall be filed not more than one hundred and twenty days and not less than sixty days prior to the effective date of the applicable rate or rates under paragraph (B), The Secretary shall promptly consider such application and may appoint a Pub. Law 89-601 80 STAT. 840 Ante, p. 838. 63 Stat. 911, 915. 29 USC 205, 208. review committee if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance with any applicable rate or rates prescribed by paragraph (A) or (B) will substantially curtail employment in such industry. The Secretary's decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee appointed under this paragraph shall take effect on the applicable effective date provided in paragraph (A) or (B). (D) In the event a wage order has not been issued pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase provided by any such paragraph shall take effect on the effective date prescribed therein, except with respect to the employees of an employer who filed an application under paragraph (C) 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 sufficient 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 Secre tary, directly to the employee or employees affected. 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. "(3) In the case of any such employee to whom subsection (a) (5) or subsection (b) would otherwise apply, the Secretary shall within sixty days after the effective date of the Fair Labor Standards Amendments of 1966 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, but not in excess of the applicable rate provided by subsection (a)(5) or subsection (b), to be applicable to such employee in lieu of the rate or rates prescribed by subsection (a) (5) or subsection (b), as the case may be. 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 sixty days after the effective date of the Fair Labor Standards Amendments of 1966. "(4) The provisions of section 5 and section 8, relating to special industry committees, shall be applicable to review committees appointed under this subsection. The appointment of a review committee 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 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 review committee to be paid in lieu of the rate or rates provided for under paragraph (A) or (B). The minimum wage 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 fixing a higher minimum wage rate or rates (but not in excess of the applicable rate prescribed in subsection (a) or subsection (b)) hereafter issued by the Secretary pursuant to the recommendation of a special industry committee." September 23, 1966 - 11 Pub. Law 89-601 CONTRACT SERVICES TO FEDERAL GOVERNMENT 80 STAT, 841 SEC. 305. Section 6 of such Act is amended by adding at the end Ante, pp. 838thereof the following new subsection: 840. "(e) (1) Notwithstanding the provisions of section 13 of this Act (except subsections (a) (1) and (f) thereof), every employer providing any contract services (other than linen supply services) under a contract with the United States or any subcontract thereunder shall pay to each of his employees whose rate of pay is not governed by the Service Contract Act of 1965 (41 U.S.C. 351-357) or to whom subsec- 79 Stat. 1034. tion (a)(1) of this section is not applicable, wages at rates not less Ante, p. 838. than the rates provided for in subsection (b) of this section. "(2) Notwithstanding the provisions of section 13 of this Act Ante, pp. 833, (except subsections (a) (1) and (f) thereof) and the provisions of 838. the Service Contract Act of 1965, every employer in an establishment providing linen supply services to the United States under a contract with the United States or any subcontract thereunder shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (b), except that if more than 50 per centum of the gross annual dollar volume of sales made or business done by such establishment is derived from providing such linen supply services under any such contracts or subcontracts, such employer shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (a)(1) of this section." FEDERAL EMPLOYEES SEC. 306. Section 18 of such Act is amended by inserting "(a)" 52 Stat. 1069. immediately after "SEC. 18." and by adding at the end thereof the 29 USC 218. following new subsection: "(b) Notwithstanding any other provision of this Act (other than section 13 (f)) or any other law, any employee— Ante, p. 837. "(1) described in paragraph (7) of section 202 of the Classification Act of 1949 (5 U.S.C. 1082 (7)) whose compensation is 68 Stat. 1106. required to be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates, and any Federal employee in the Canal Zone engaged in employment of the kind described in such paragraph (7), or "(2) described in section 7474 of title 10, United States Code, 70A Stat. 463. whose rates of wages are established to conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity, or "(3) employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate which is not less than the appropriate wage rate provided for in section 6(a)(1) of this Act (except that the wage rate provided for in section 6(b) shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 7(a) (1) of this Act." TITLE IV-APPLICATION OF MAXIMUM HOURS PROVISIONS PRESENTLY AND NEWLY COVERED EMPLOYEES Infra. 63 Stat. 912; SEC. 401. Section 7(a) of such Act is amended to read as follows: "(a) (1) Except as otherwise provided in this section, no employer 75 Stat. 69. shall employ any of his employees who in any workweek is engaged in 29 USC 207. 92-260 - 68 - 2 |