Transit Authority, 469 U.S. 528 (1985)) to be integral operations of the governments in areas of traditional governmental functions. The listed "traditional" functions included the following: (1) Schools. (3) Fire prevention. (4) Police protection. (5) Sanitation. (6) Public health. (7) Parks and recreation. (8) Libraries. (9) Museums. (b) The Supreme Court in National League of Cities clearly did not limit "traditional" functions of government to those set out in paragraph (a) of this section. The Court included within this concept all those governmental services which the States and their political subdivisions have traditionally afforded their citizens, which the States have regarded as integral parts of their governmental activities, and which State and local governments are created to provide. The Department interprets the Court's analysis of "traditional” functions as turning in large part upon whether the States or local governments had, prior to initial enactment of federal regulatory legislation applicable to a particular field of service or activity (such as FLSA), generally established themselves as providers of the services. The Department therefore views the following government functions as falling within the "traditional" category: tions of government. This would include employees who provide support functions for such activities, such as clerical, secretarial, supply and janitorial. (d) No employees of a municipality or government corporation may be paid in accordance with the Tier 4 phase-in schedule unless the employ ee: (1) Is engaged in one of the specific activities listed in paragraphs (a) and (b) of this section, and (2) Is employed by a municipality or government corporation in which the average wage is less than $4.00 per hour. APPENDIX A TO PART 510-MANUFACTURING INDUSTRIES ELIGIBLE FOR MINIMUM WAGE PHASE-IN This appendix contains a listing of all manufacturing industries for which data were collected and compiled by the Commonwealth of Puerto Rico for purposes of implementing the 1989 Amendments to FLSA. This listing follows the order and classifications used in the SIC Manual, 1987, which is incorporated by reference in these regulations (§ 510.21). The data in this appendix are presented by major industry group (two-digit classification), industry group number (three-digit classification), and industry number (fourdigit classification). Tiers will not be listed for industry categories in which there were fewer than three employers, in conformance with standard procedures used by the Commonwealth of Puerto Rico in collecting and publishing these data until such time as Puerto Rico receives appropriate waivers of confidentiality from all employers in such categories. These categories are noted with an "a" on the following table. In addition, no tier will be listed where an industry was not included in the original survey, because it was not in existence, because the industry was too small to be included, or for other reasons. Employers who do not find the four-digit classification for their industry shall refer to the appropriate three-digit classification under which their establishment falls. If the appropriate three-digit classification is not listed, employers shall refer to the appropriate two-digit classification. For example, no tier is listed for industry number 2034, dried and dehydrated fruits, vegetables, and soup mixes. Thus, an employer in industry 2034 must use the tier listed for industry group 203, i.e. Tier 2. Further, employers who find the appropriate four-digit designation in this appendix must use that designation and cannot refer to a two- or three-digit classification. For example, an employer in industry number 2033, canned fruits, vegetables, preserves, jams, and jellies, which has a Tier 1 designation, cannot use the Tier 2 designation of industry group 203, canned, frozen, and preserved fruits, vegetables, and food specialties. If no four-digit, three-digit, or two-digit classification is listed for an industry, employees in that group must pay the Tier 1 rates. Important: In referring to this appendix to determine appropriate tier designations, please note that certain categories of employees are subject to treatment under Tier 1 regardless of the average hourly wage rate for the industry and the tier designation contained herein. These employees, as listed in the 1989 Amendments, are those employed by: (a) The United States (b) An establishment that is a hotel, motel, or restaurant, or (c) Any other retail or service establishment that employs such employee 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 clubs. Please note that these named categories may not correspond exactly to categories established by the SIC manual. |