[20] under must pay to each of his employees (other than an employee employed in a capacity described in sec. 13(a) (1)) whose rate of pay is not governed by the Service Contract Act of 1965 or section 6(a)(1) of the act (wage rates for presently covered employees) wages at not less than the rate provided in section 6(b) of the act (wage rates for presently covered employees). The wage rate for employees of employers providing laundering or related cleaning services under such a contract was to be not less than that provided in section 6(b) of the act, except that if such employer derived more than 50 percent of his annual business from providing such services under such a contract, the wage rate was to be not less than that provided in section 6(b). The Senate amendment is identical to the House bill except that the minimum wage rate for employees (whose rate of pay is not governed by the Service Contract Act of 1965 or sec. 6(a)(1) of the act) of an employer providing laundering and related cleaning services under such a contract was to be the rate prescribed in section 6(b) of the act. The conference substitute conforms to the House provision except that "linen supply services" were substituted for "laundering and related cleaning services." It is the intention of the conferees that the amendment made by the conference substitute shall apply only to contracts with the United States (or any subcontractor thereunder) entered into after the effective date of the Fair Labor Standards Amendments of 1966. Minimum wage rates for Federal wage board employees Section 306 of the House bill provides that certain Federal wage board employees and employees in nonappropriated fund instrumentalities of the Armed Forces, e.g., post exchanges, must be paid basic compensation at a rate not less than the rate provided in section 6(a)(1) of the act and also must be paid for overtime work at a rate not less than that specified in section 7(a)(1) of the act. This requirement applies only if such employees are employed in the District of Columbia or a State of the United States. The Senate amendment contains a similar provision which differs from the House provision in the following respects: (1) The provision is to apply to employees of naval facilities whose wages are established to conform with those in the immediate vicinity; (2) The provision is to apply to employees employed in the jurisdictions in which the act applies; and (3) Federal employees in the Canal Zone are to receive compensation at the section 6(b) rate. The conference substitute conforms to the Senate amendment. Hospital employees The Senate amendment contained a provision not in the House bill which permits hospitals to calculate their overtime on a biweekly rather than weekly basis if there is an understaning with the employees that the work period is to be a period of 14 consecutive days. Overtime compensation would have to be paid for hours worked over 8 in a day and 80 in the 14-day work period. The conference substitute conforms to the Senate amendment. Minimum wage for handicapped workers The Senate amendment contained a provision not in the House bill which provides that handicapped workers employed in sheltered [21] workshops must be paid wages commensurate with those paid nonhandicapped workers for essentially the same type, quality, and quantity of work, but not less than 50 percent of the applicable minimum wage. However, the Secretary may issue special certificates for employment at less than the minimum wage in proportion to the worker's productivity where the work is incidental to a training or evaluation program, or under exceptional circumstances where individuals are so severely impaired that they cannot engage in competitive employment. The Secretary is also authorized to establish special rates of compensation for handicapped workers employed in "work activity centers." A "work activity center" means an establishment designed exclusively for workers whose physical or mental handicap is so severe as to make their productive capacity inconsequential. The conference substitute provides for the employment of handicapped workers, including those employed in agriculture, at wages lower than the minimum wage applicable under section 6, but not less than 50 percent of such wage. Such wages shall be commensurate with wages paid nonhandicapped workers for essentially the same type, quality, and quantity of work. The Secretary, however, may issue special certificates for employment at wages which are less than 50 percent of the minimum wage applicable under section 6, and which are in proportion to the worker's productivity, where the work is incidental to a training or evaluation program or under exceptional circumstances of severe impairment. The Secretary is also authorized to establish special rates of compensation for handicapped workers employed in "work activity centers." A "work activity center" means an establishment designed exclusively for workers whose physical or mental handicap is so severe as to make their productive capacity inconsequential. Overtime exemption for management trainees Section 501 of the House bill contains a provision which permits the employment of a limited number of management trainees in a retail or service establishment who are being trained to serve in a bona fide executive or administrative capacity without the payment of overtime compensation for a period not to exceed 18 months. The Senate amendment contained no similar provision and none is contained in the conference substitute. Minimum wage rate for new employees Section 501 of the House bill contained a provision which provides that during the first 6 weeks of full-time employment of an individual under the age of 21 the minimum wage rate for such employee may be 75 percent of the minimum wage rate which would otherwise apply to him. The Senate amendment contained no similar provision and none is contained in the conference substitute. Federal wage board employees in Canal Zone: Study The Senate amendment contained a provision not in the House bill which directs the Secretary of Labor, after consultation with the Secretary of Defense and the Secretary of State, to study the wage rates of Federal wage board employees in the Canal Zone and also the requirements of an effective and economical operation of the Panama Canal. The Secretary of Labor is to report to the Congress [22] the results of his study, including any recommendations, not later than July 1, 1965. The conference substitute contains the Senate amendment which requires the Secretary of Labor to transmit such report to the Congress. Study of wages paid handicapped clients in sheltered workshops The Senate amendment contained a provision not in the House bill directing the Secretary of Labor to make a study of wages paid handicapped clients in sheltered workshops and of the feasibility of raising existing wage standards in such workshops. The Secretary is to report the results of his study to the Congress no later than July 1, 1967. The conference substitute adopts the Senate amendment. Prevention of discrimination because of age The Senate amendment contained a provision not in the House bill prohibiting discrimination in employment against any person 45 years of age or older because of such person's age. The conference substitute directs the Secretary of Labor to submit specific legislative recommendations for implementing the conclusions contained in his age discrimination report made pursuant to section 715 of Publie Law 88-352. ADAM POWELL, ELMER HOLLAND, JOHN H. Dent, ROMAN C. PUCINSKI, DOMINICK V. DANIELS, ALPHONZO BELL, Managers on the Part of the House. INDEX TO THE LEGISLATIVE HISTORY OF THE FLSA OF 1966, PUBLIC LAW 89-601* Subject and page numbers in ouommittee reports and Compressional Record Age discrimination, prevention of: S. Rept. 1487: pp. 78-80 [170–172]. H. Rept. 2004: p. 22 (179) 112 Cong. Rec., pt. 15: pp. 20438, 20484, 20819-20825. 112 Cong. Rec., pt. 17: p. 22652. --gricultural employees, exemptions: H. Rept. 871: pp. 10-11 [26–27], 34-36 (50-52]. H. Rept. 1366: pp. 11-12 (83–84), 39–40 [111–113]. S. Rept. 1487: pp. 27-29 [153-155]. 111 Cong. Rec., pt. 16: p. 21831. 112 Cong. Rec., pt. 9: pp. 11267, 11279-11280, 11283, 11300, 11374–11391, 112 Cong. Rec., pt. 15: pp. 20478-20479, 20482, 20483-20484. 112 Cong. Rec., pt. 17: pp. 22649, 22650, 22655, 22661, 22662–22663. 1. Employees of employers using no more than 500 man-days of labor per H. Rept. 871: pp. 10 [26], 26 [41-42]. H. Rept. 1366: pp. 12 [84], 40 [112]. S. Rept. 1487: pp. 9 [135], 27 [153], 29 [154–155], 111 Cong. Rec., pt. 16: p. 21831. 112 Cong. Rec., pt. 9: pp. 11267, 11270, 11272, 11280, 11283, 11302, 112 Cong. Rec., pt. 15: pp. 20479, 20508, 20617, 20620, 20635, 20637, 112 Cong. Rec., pt. 17: pp. 22650, 22653, 22654, 22655–22656, 22657, 2. Hand harvest laborers (temporary, local, piece rate workers): H. Rept. 871: p. 26 [41-42]. H. Rept. 1366: pp. 11 [83], 20-21 [92-93], 39 [111]. S. Rept. 1487: pp. 9 [135], 27 [153], 29 [154–155]. 112 Cong. Rec., pt. 9: pp. 11280, 11283, 11361, 11378, 11399-11403, 11635-11636. 112 Cong. Rec., pt. 15: pp. 20479, 20480, 20507-20508, 20634, 20636, 112 Cong. Rec., pt. 16: p. 21944. 112 Cong. Rec., pt. 17: pp. 22650, 22652, 22653, 22654, 22656, 22657, 3. Immediate family members of employer: H. Rept. 871: pp. 10 [26], 34 [50], 40-41 [56–57]. H. Rept. 1366: pp. 11 [83], 12 [84], 39-40 [111–112]. S. Rept. 1487: pp. 9 [135], 27 [153], 29 [155]. 112 Cong. Rec., pt. 9: pp. 11267, 11280, 11283, 11391, 11394–11396. 112 Cong. Rec., pt. 17: pp. 22650, 22655. 4. Range production of livestock: S. Rept. 1487: pp. 10 [135], 27 [153], 29 [155]. H. Rept. 2004: p. 18 [175]. 112 Cong. Rec., pt. 9: pp. 11362, 11384, 11385, 11391-11393, 11641. 112 Cong. Rec., pt. 17: pp. 22650, 22654. It is suggested that this Alphabetical Index also be consulted respecting the particular subject matter |