80 STAT. 831 80 STAT. 832 "Elementary school." "Secondary school." 52 Stat. 1060. 29 USC 203. "Employee." Pub. Law 89-601 - 2 - September 23, 1966 commerce or in the production of goods for commerce, including employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce by any person, and which— "(1) during the period February 1, 1967, through January 31, 1969, is an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level which are separately stated) or is a gasoline service establishment whose annual gross volume of sales is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), and beginning February 1, 1969, is an enterprise whose annual gross volume of sales made or business done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated); "(2) is engaged in laundering, cleaning, or repairing clothing or fabrics; "(3) is engaged in the business of construction or reconstruction, or both; or "(4) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, an elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit). Any establishment which has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise, and the sales of such establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection." (d) Section 3 of such Act is amended by adding after subsection (u) (added by section 103 (b) of this Act) the following new subsections: "(v) 'Elementary school' means a day or residential school which provides elementary education, as determined under State law. "(w) 'Secondary school' means a day or residential school which provides secondary education, as determined under State law." AGRICULTURAL EMPLOYEES SEC. 103. (a) Section 3(e) of such Act is amended to read as follows: "(e) 'Employee' includes any individual employed by an employer, except that such term shall not, for the purposes of section 3(u) include "(1) any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family, or "(2) any individual who is employed by an employer engaged in agriculture if such individual (A) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (B) commutes daily from his permanent residence to the farm on which he is so employed, and (C) has been employed in agriculture less than thirteen weeks during the preceding calendar year." September 23, 1966 - 3 Pub. Law 89-601 (b) Section 3 of such Act is further amended by adding after subsection (t) (added by section 101 (b) of this Act) the following new subsection: 80 STAT. 833 “(u) 'Man-day' means any day during which an employee performs "Man-day." any agricultural labor for not less than one hour." TITLE II-REVISION OF EXEMPTIONS HOTEL, RESTAURANT, AND RECREATIONAL ESTABLISHMENTS; HOSPITALS SEC. 201. (a) Section 13 (a) (2) of such Act is amended by striking 75 Stat. 71. out everything preceding "A 'retail or service establishment" and in- 29 USC 213. serting in lieu thereof the following: "(2) any employee employed by any retail or service establishment (except an establishment or employee engaged in laundering, cleaning, or repairing clothing or fabrics or an establishment engaged in the operation of a hospital, institution, or school described in section 3(s) (4)), if more than 50 per centum of such establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located, and such establishment is not in an enterprise described in section 3 (s) Ante, p. 831. or such establishment has an annual dollar volume of sales which is less than $250,000 (exclusive of excise taxes at the retail level which are separately stated)." (b) (1) Section 13(b) of such Act is amended by inserting after paragraph (7) the following new paragraph in lieu of the paragraph repealed by section 211 of this Act: "(8) any employee employed by an establishment which is a hotel, motel, or restaurant; or any employee who (A) is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, and (B) 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; or". (2) Section 13(a) of such Act is amended by inserting after paragraph (2) the following new paragraph in lieu of the paragraph repealed by section 202 of this Act: "(3) any employee employed by an establishment which is an amusement or recreational establishment, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 3313 per centum of its average receipts for the other six months of such year; or". LAUNDRY AND CLEANING ESTABLISHMENTS SEC. 202. Section 13 (a) (3) of such Act is repealed. AGRICULTURAL EMPLOYEES SEC. 203. (a) Section 13 (a) (6) of such Act is amended to read as follows: "(6) any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his Repeal. 80 STAT. 834 Repeal. Post, p. 838. 63 Stat. 918. 29 USC 212. Pub. Law 89-601 · 4 September 23, 1966 employer's immediate family, (C) if such employee (i) is enployed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock; or". (b) Section 13(a)(16) of such Act (agricultural employees employed in livestock auctions) is repealed. (c) Section 13(b) of such Act is amended (A) by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; or", and (B) by adding at the end of paragraph (11) the following new paragraphs: “(12) 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 sharecrop basis, and which are used exclusively for supply and storing of water for agricultural purposes; or "(13) any employee with respect to his employment in agricul ture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such fariner, and (B) is paid for his employment in connection with such livestock auction operations at a wage rate not less than that prescribed by section 6(a)(1); or”. (d) Section 13(c) of such Act is amended to read as follows: (c) (1) Except as provided in paragraph (2), the provisions of section 12 relating to child labor shall not apply with respect to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed. "(2) The provisions of section 12 relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person. "(3) The provisions of section 12 relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions." Repeals. AGRICULTURAL PROCESSING EMPLOYEES SEC. 204. (a) Sections 13 (a) (10) (employees engaged in han dling and processing of agricultural, horticultural, and dairy prod September 23, 1966 - 5 Pub. Law 89-601 ucts); 13(a) (17) (country elevator employees); 13(a) (18) (cotton ginning employees); and 13(a) (22) (fruit and vegetable transportation employees) of such Act are repealed. (b) Section 13 (b) of such Act is amended by adding after paragraph (13) (added by section 203 (c) of this Act) the following new paragraphs: “(14) any employee employed within the area of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm, if no more than five employees are employed in the establishment in such operations; or "(15) any employee engaged in ginning of cotton for market, in any place of employment located in a county where cotton is grown in commercial quantities, or in the processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap, into sugar (other than refined sugar) or syrup; or "(16) any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables; or". (c) Subsection (c) of section 7 of such Act is amended to read as follows: "(c) For a period or periods of not more than ten workweeks in the aggregate in any calendar year, or fourteen workweeks in the aggregate in the case of an employer who does not qualify for the exemption in subsection (d) of this section, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection if such employee (1) is employed by such employer in an industry found by the Secretary to be of a seasonal nature, and (2) receives compensation for employment by such employer in excess of ten hours in any workday, or for employment by such employer in excess of fifty 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. (d) For a period or periods of not more than ten workweeks in the aggregate in any calendar year, or fourteen workweeks in the aggregate in the case of an employer who does not qualify for the exemption in subsection (c) of this section, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee "(1) is employed by such employer in an enterprise which is in an industry found by the Secretary "(A) to be characterized by marked annually recurring seasonal peaks of operation at the places of first marketing or first processing of agricultural or horticultural commodities from farms if such industry is engaged in the handling, packing, preparing, storing, first processing, or canning of any perishable agricultural or horticultural commodities in their raw or natural state, or "(B) to be of a seasonal nature and engaged in the handling, packing, storing, preparing, first processing, or canning of any perishable agricultural or horticultural commodities in their raw or natural state, and 80 STAT. 835 63 Stat. 913. 29 USC 207. 80 STAT. 836 63 Stat. 913; 75 Stat. 70. 29 USC 207. 75 Stat. 72. 29 USC 213. Repeals. Post, p. 838. Repeal. Pub. Law 89-601 - 6 September 23, 1966 "(2) receives compensation for employment by such employer in excess of ten hours in any workday, or for employment in excess of forty-eight 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." (d) (1) Subsections (d), (e), (f), (g), and (h) of section 7 of such Act are redesignated as subsections (e), (f), (g), (h), and (i), respectively. (2) Subsections (g) and (h) of such section 7 (as so redesignated by paragraph (1) of this subsection) are each amended by striking out "subsection (d)" and inserting in lieu thereof “subsection (e)”. SMALL NEWSPAPERS SEC. 205. Section 13 (a) (8) of such Act is amended by striking out "where printed and published" and inserting in lieu thereof "where published". TRANSPORTATION COMPANIES SEC. 206. (a) Section 13(a) (9) of such Act is repealed. (2) Section 13(b) of such Act is amended by adding after paragraph (16) (added by section 204(b) of this Act) the following new paragraph: "(17) any driver employed by an employer engaged in the business of operating taxicabs; or". (c) Section 13(b) (7) of such Act is amended to read as follows: "(7) any driver, operator, or conductor employed by an employer engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency; or”. MOTION PICTURE THEATER EMPLOYEES SEC. 207. Section 13(a) of such Act is amended by inserting after paragraph (8) the following new paragraph in lieu of the paragraph repealed by section 206 (a) of this Act: "(9) any employee employed by an establishment which is a motion picture theater; or". LOGGING CREWS SEC. 208. Section 13 (a) (15) of such Act is amended by striking out "twelve" and inserting in lieu thereof “eight”. AUTOMOBILE, AIRCRAFT, AND FARM IMPLEMENT SALES ESTABLISHMENTS SEC. 209. (a) Section 13(a) (19) of such Act is repealed. (b) Section 13(b) of such Act is amended by inserting after paragraph (9) the following new paragraph in lieu of the paragraph repealed by section 212 (a) of this Act: "(10) any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; or”. |