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b. The provisions of swering 7 shal not apply with reguT TETT employee who during the greater part V LIN V CEV eg i engured 1 work with respect to win the Interstate Gvamente Colmiss, I bus established ca ficztions and m&X `n bors of bertite pursult THE DOTE: Is of sunti a 24 of the Motor Carrier Aet. 10755; ELT HINDLORA I LL engin yer subject to

the provisions of part I of the Interstate Commerce Ant

“ie! The provisions of section 22 reiting a chać labor shall not gợêy with respect to any enpigrée explored in LEDVELTENE Wije not jegur ne tired to attend school, or to any el id emjulged as an aetle in motion poures ie theatrical prodnetions."

8. Section 16 of the Art shall be amended as flüowe:

“Sic 14 (8) Any person who wifey rates any of the provisions of section 15 shall upes ecvletion thereof be subject to a fine of not more than $1.00 or to imprisonment for not more then six a cths, or both. No person shall be imprisoned under this subserioz errept for an offense comm ted after the convietion of such person for a prior (Close muder this subsection

Bibi Aty expunger who mates the provisions of section, & or semine 7 of this Act shall be able to the employee or employees £fected ʼn the amount of their unpaid minimum wages, or their paid cremtime ei mpensetion, as the case may be, and I at additional equc aminot as liquidated damages. Artin to recover such labilty may be maloalbed at any time within fre years from the acerual of such Lability in any event of eompetent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated or sort empo The of employees may designate an agent or representative to matult sort action for and in behalf of all enployees similarly situated. The ent in sach actire shall, in gödition to any judgment awarded to the plaintiff or plaintiffs, allow a reas cable attorney's fee to be paid by the defendant, and costs of the action.

H. R. 4222, 79th Cong., 1st sess.]

A BILL To provide for the amendment of the Fair Labor Standards Act of 1955, and for other purposes

Be it enacted by the Senate grd House of Representations of the United States of America in Congress gakembled. That the Fair Labor Standards Act of 1938 Cherein referred to as the "Act") be, and it is berely, amended as follows: 1. Section 2 of the Act is hereby amended to read as follows:

"Spc. 2. (a) The Congress berey finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of liber conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and Jembernate such later onditions among the workers of the several Sistes; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interfers with the orderly and fair marketing of goods in commerce.

*(b). It is hereby declared to be the polley of this Act, through the exercise by Congress of its power to regulate commerce among the several States, (1) to correct and as rapidly as practical le to eliminate the conditions above referred *6 in such industries without substantially curtailing employment or earning power; and (2) to provide for the maintenance of reasonable wage differentials between interrelated job classifications in such industries."

2. Section 3 of the Act is hereby amended by amending subsection (m) thereof to read as follows and by adding the following additional subsections: "(m) 'Wage' paid to any employee, except members of the crew of a vessel, includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees.

"(n) Job classification' means those occupations within an industry or subdivision thereof requiring a similar degree of training, experience, and skill. "(o) 'Unskilled job classification', as applied to any industry or subdivision thereof, means a job classification which does not require previous training or experience."

3. Section 6 of the Act shall be amended to read as follows:

"SEC. 6. (a) Every employer shall pay to each of his employees who is engaged in commerce or in the production of goods for commerce wages at the following rates

"(1) during the first year from the effective date of this section, not less than 65 cents an hour;

"(2) during the second year from such date, not less than 70 cents an hour; "(3) after the expiration of two years from such date, not less than 75 cents an hour; and

"(4) at any time after the effective date of this section, not less than the applicable rate or rates (not in excess of 75 cents an hour for unskilled job classifications) prescribed in the applicable order of the Administrator issued under section 8.

"(b) This section shall take effect upon the expiration of one hundred and twenty days from the date of enactment of this Act."

4. Section 7 of the Act shall be amended to read as follows:

"SEC. 7. (a) No employer shall, except as otherwise provided in this section, employ any of his employees who is engaged in commerce or in the production of goods for commerce for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

"(b) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed

"(1) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand hours during any period of twenty-six consecutive weeks,

"(2) on an annual basis in pursuance of an agreement with his employer, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that the employee shall not be employed more than two thousand and eighty hours during any period of fifty-two consecutive weeks, or

"(3) for a period or periods or not more than fourteen workweeks in the aggregate in any calendar year in an industry found by the Administrator to be of a seasonal nature,

and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six 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."

5. Section 8 of the Act shall be amended to read as follows:

"SEC. 8. (a) With a view of carrying out the policy of this Act by reaching, as rapidly as is economically feasible without substantially curtailing employment, the objective of a universal minimum wage of 75 cents an hour for unskilled job classifications in each industry engaged in commerce or in the production of goods for commerce, and to provide for the maintenance of reasonable wage differentials between interrelated job classifications in such industry, the Administrator shall from time to time convene the industry committee for each such in

dustry, and the industry committee shall from time to time recommend the minimum rate or rates of wages to be paid under section 6 by employers engaged in commerce or in the production of goods for commerce in such industry or subdivisions thereof.

"(b) Upon the convening of an industry committee, the Administrator shall refer to it the question of the minimum wage rate or rates to be fixed for such industry The industry committee shall investigate conditions in the industry and the committee, or any authorized subcommittee thereof, may hear such winesses and receive such evidence as may be necessary or appropriate to enable the committee to perform its duties and functions under this Act. The committee shall recommend to the Administrator the highest minimum wage rates for the industry which it determines, having due regard to economic and competitive conditions, will not substantially curtail employment in the industry, and which will maintain reasonable wage differentials between interrelated job classifications in such industry.

"(c) The industry committee for any industry shall recommend such reasonable subdivisions within any industry as it determines to be necessary for the purpose of fixing for each subdivision within such industry the highest minimum wage rate for unskilled job classifications (not in excess of 75 cents an hour) which (1) will not substantially curtail employment in such subdivision and (2) will not give a competitive advantage to any group in the industry, and shall recommend for each subdivision in the industry the highest minimum wage rate for unskilled job classifications which the committee determines will not substantially curtail employment in such subdivision. The industry committee shall further define such reasonable job classifications within such industry or subdivision thereof and shall recommend minimum wage rates for such job classifications (other than unskilled job classifications) at such levels as it determines to be necessary for the purpose of maintaining reasonable wage differentials between the minimum wage recommended by it for unskilled job classifications and the wage rates for interrelated job classifications in such industry or subdivision thereof. In determining whether subdivisions should be made in any industry, in making such subdivisions, in determining the minimum wage rates for such subdivisions, in defining job classifications and in determining minimum wage rates for job classfications, no classification or determination shall be made and no minimum wage rate shall be fixed, solely on a regional basis, but the industry committee and the Administrator shall consider among other relevant factors the following: "(1) competitive conditions as affected by transportation, living, and production costs;

"(2) the wages established for work of like or comparable character by collective labor agreements negotiated between employers and employees by representatives of their own choosing; and

"(3) the wages paid for work of like or comparable character by employers who voluntarily maintain minimum-wage standards in the industry. No classification shall be made under this section on the basis of age or sex. "(d) The industry committee shall file with the Administrator a report containing its recommendations with respect to the matters referred to it. Upon the filing of such report, the Administrator, after due notice to interested persons, and giving them an opportunity to be heard, shall by order approve and carry into effect the recommendations contained in such report, if he finds that the recommendations are made in accordance with law, are supported by the evidence adduced at the hearing, and taking into consideration the same factors as are required to be considered by the industry committee, will carry out the purposes of this section; otherwise he shall disapprove such recommendations. If the Administrator disapproves such recommendations, he shall again refer the matter to such committee, or to another industry committee for such industry (which he may appoint for such purpose), for further consideration and recommendations.

"(e) No minimum wage rate for unskilled job classifications of less than 75 cents an hour, contained in an order issued under this section prior to the expiration of two years from the effective date of section 6, shall remain in effect after such expiration and no order fixing a minimum rate for unskilled job classifications of less than 75 cents an hour shall be issued under this section with respect to any industry on or after such expiration.

"(f) Orders issued under this section shall define the industries, or subdivisions thereof and job classifications therein to which they are to apply, and shall

contain such terms and conditions as the Administrator finds necessary to carry out the purposes of such orders, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage rates established therein. No such order shall take effect until after due notice is given of the issuance thereof by publication in the Federal Register and by such other means as the Administrator deems reasonably calculated to give to interested persons general notice of such issuance. "(g) Due notice of any hearing provided for in this section shall be given by publication in the Federal Register and by such other means as the Administrator deems reasonably calculated to give general notice to interested persons." 6. Section 12 of the Act shall be amended as follows:

"SEC. 12. (a) After the expiration of one hundred and twenty days from the date of enactment of this Act, no producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution. "(b) No employer engaged in commerce or in the production of goods for commerce shall employ any oppressive child labor in or about or in connection with any enterprise in which he is so engaged.

"(c) The Chief of the Children's Bureau in the Department of Labor, or any of his authorized representatives, shall make all investigations and inspections under section 11 (a) with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 17 to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this Act relating to oppressive child labor."

7. Section 13 of the Act shall be amended to read as follows:

"SEC. 13. (a) The provisions of sections 6 and 7 shall not apply with respect to (1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Administrator); or (2) any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce; or (3) any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act; or (4) any employee employed in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, including the going to and returning from work work; or (5) any employee employed in agriculture; or (6) any employee to the extent that such employee is exempted by regulations or orders of the Administrator issued under section 14; or (7) any employee employed in connection with the publication of any weekly or semiweekly newspaper with a circulation of less than three thousand the major part of which circulation is within the county where printed and published; or (8) any employee of a street, suburban, or interurban electric railway, or local trolley or motorbus carrier, not included in other exemptions contained in this section; (9) any switchboard operator employed in a public telephone exchange which has less than five hundred stations.

"(b) The provisions of section 7 shall not apply with respect to (1) any employee who during the greater part of any workweek is engaged in work with respect to which the Interstate Commerce Commission has established qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935; or (2) any employee of an employer subject to the provisions of part I of the Interstate Commerce Act.

"(c) The provisions of section 12 relating to child labor shall not apply with respect to any employee employed in agriculture while not legally required to attend school, or to any child employed as an actor in motion pictures or theatrical productions.

8. Section 16 of the Act shall be amended as follows:

"SEC. 16. (a) Any person who willfully violates any of the provisions of section 15 shall upon conviction thereof be subject to a fine of not more than $10,000 or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection.

80014-46- -2

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A BILL To provide for the amendment of the Fair Labor Standards Act of 1858, and for

Be it enacted by the Senate and House of Representoring of the United States America in " ongresa geamted. That the Fair Laber Stat lards Act of 1968 Überein referred to as the "Art") be and it is herety amended as follows: 1 Sector 2 of the Act is hereby amended to read as follows: "Sic 2 (a) The Congress bervby finds that the existence, in industries engazed in commerce or in the production of goods for commerce, of labor conditione detrimental to the maintenance of the minimum standard of living necessary for belt, effriesey, and general well-being of workers (1) causes commere and the channels and instrumentalities of ovmmence to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in cosmeree: (4) leads to labor disputes bardening and chetmeting commerce and the free flow of goods in commerce; and (5) Interferes with the orderly and fair marketing of goods in ecmmerce.

b). It is hereby declared to be the policy of this Act. through the exercise by Congress of its power to regulate commerce among the several States (1) to correct and as rapidly as practicable to eliminate the conditions above referred to 'n och industries withént sbstantially curtailing employment or earning power; and (2) to provide for the maintenance of reasonable wage differentials between interrelated job classifications in such industries.”

2. Section 3 of the Act is hereby amended by amending subsection (m) thereof to read as follows and by adding the following additional subsections:

"(m) "Wage paid to any employee, except members of the crew of a vessel, Includes the reasonable cost, as determined by the Administrator, to the emplover of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees.

"(L) Job classification' means those occupations within an industry or subdivision thereof requiring a similar degree of training, experience, and skill.

*(9) "Unskilled job classification,' as applied to any industry or subdivision thereof, means a job classification which does not require previous training or experience."

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