affecting commerce shall employ any oppressive child labor in or about or in connection with any enterprise where he is so engaged." EXEMPTIONS SEC. 7. Section 13 of such Act is amended to read as follows: "SEC. 13. (a) The provisions of sections 6 and 7 shall apply with respect to (1) any employee employed in a bona fide executive, administrative, or professional capacity (as such terms are defined and delimited by regulations of the Administrator); (2) any employee employed in any retail or service establishment by an employer having not more than five such establishments and having a total annual volume of sales or services of not more than $500,000; (3) any employee employed in a hotel or inn having an annual volume of hotel business of not more than $500,000; (4) any employee employed in agriculture during any calendar quarter, by a farm enterprise which used less than six hundred man-days of hired farm labor during each of the preceding four quarters; or (5) any employee to the extent that such employee is exempted by regulations or orders of the Administrator issued under section 14. "(b) The provisions of section 7 shall not apply with respect to any employees 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 fourteen years of age or over employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, or to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions. "(d) The provisions of sections 6, 7, and 12 shall not apply to any employee engaged in the delivery of newspapers to consumers at their residences. The provisions of section 12 shall not apply to any employee otherwise engaged in the delivery of newspapers to consumers when such employee is employed outside of school hours for the school district where such employee is living and is sixteen years of age or over." LEARNERS, APPRENTICES, AND HANDICAPPED WORKERS SEC. S. Section 14 of such Act is amended to read as follows: "SEC. 14. The Administrator, to the extent necessary in order to prevent curtailment of opportunities for employment, shall be regulations or by orders provide for (1) the employment of learners, of apprentices, except indentured apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Administrator. at such wages lower than the minimum wage applicable under section 6, but not less than $1 an hour, and subject to such limitations as to time, number, proportion, and length of service as the Administrator shall prescribe, and (2) the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, under special certificates issued by the Administrator, at such wages lower than the minimum wage applicable under section 6, but not less than $1 an hour, and for such period as shall be fixed in such certificates." PENALTIES SEC. 9. (a). The last sentence of section 16 (c) of such Act is amended by striking out the word "two-year" and inserting in lieu thereof the word "four-year." (b) Section 6 (a) of the Portal-to-Portal Act of 1947 is amended by striking out the word "two" and inserting in lieu thereof the word "four." EFFECTIVE DATE SEC. 10. This Act shall take effect upon the expiration of one hundred and twenty days from the date of its enactment. [S. 1127, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act of 1938, as amended Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following section of the Fair Labor Standards Act of 1938 (52 Stat. 1060), as amended, is hereby amended to read as follows: "SEC. 3. (c) 'State' means any State of the United States, or the District of Columbia, Alaska, Hawaii, Virgin Islands, and the Commonwealth of Puerto Rico." [S. 1288, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act of 1938 to include in the definition of "agriculture" the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained and operated for farming purposes, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That subsection (f) of section 3 of the Fair Labor Standards Act is amended to read as follows: "(f) Agriculture' includes farming in all its branches and among other things includes the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15 (g) of the Agricultural Marketing Act, as amended); the raising of livestock, bees, fur-bearing animals, or poultry, and practices (including forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market; and the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual nonprofit basis or operated on a sharecrop basis and which are used primarily for supplying and storing waters for agricultural purposes." SEC. 2. Clause (6) of subsection (a) of section 13 of such Act is amended by striking out the following: "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". [S. 1437, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act by clarifying the definition of "employee", and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 203 (e) of title 29, United States Code, be amended by inserting before the period at the end thereof the following, ", but such term does not include (1) any individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an independent contractor, or (2) any individual who is not an employee under such common-law rules". [S. 1447, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act so as to clarify the meaning of the term "outside buyer of poultry, eggs, cream, or milk in their raw or natural state" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 (b) of the Fair Labor Standards Act of 1938, as amended (29 U. S. C. 213 (b)), is amended by adding at the end thereof the following new sentence: "An 'outside buyer of poultry, eggs, cream, or milk in their raw or natural state' means any employee (1) who is engaged in buying or soliciting or contracting to buy, or in work incidental to and in conjunction with buying, soliciting, or contracting to buy, poultry, eggs, cream, or milk in their raw or natural state; and (2) who is performing such activities away from the plan in which the resulting purchases of these agricultural commodities are to be processed." [S. 2404, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act of 1938, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Overseas Fair Labor Standards Amendments of 1955". SEC. 2. Section 6 of the Fair Labor Standards Act of 1938, as amended, is amended by striking out the period at the end of paragraph (2) in subsection (a), and inserting in lieu thereof a semicolon and the following new paragraph: "(3) If such employee is employed in Guam, American Samoa, or Wake Island, not less than the applicable rate established by the Secretary of Labor as herein provided. The provisions of paragraph (1) of this subsection shall not apply to any employee specified in this paragraph (3), but when the Secretary of Labor finds that economic conditions in such possession, in a specific area or areas thereof, or in relation to particular work to be performed therein warrant, he shall determine and promulgate, following a public hearing on the matter, the minimum wage rate which he shall find appropriate for such geographical area or particular work in conformity with the policy of this Act. In making such a determination, the Secretary shall take into account the level of the economy of the area and its capacity to sustain the rate without causing substantial curtailment of employment, substantial hardship to business enterprise, or other disruptive effects; and he shall also take into account the reasonable relationship of such rate to wage rates paid in neighboring economies on which such area draws substantially for its labor supply. The minimum wage rate thus established by the Secretary shall not exceed the rate prescribed in paragraph (1) of this subsection." SEC. 3. Section 13 of such Act is amended by adding at the end thereof the following new subsections (e) and (f): "(e) The provisions of sections 6, 7, 11, and 12 shall not apply with respect to any employee whose services during the workweek are performed in a work place within a foreign country or within territory under the jurisdiction of the United States other than the following: A State of the United States; the District of Columbia; Alaska; Hawaii; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462); and the possessions named in section 6 (a) (3). "(f) The provisions of section 7 and section 12 shall not apply with respect to employees for whom the Secretary of Labor is authorized to establish minimum wage rates as provided in section 6 (a) (3), except with respect to employees for whom such rates are in effect; and with respect to such employees the Secretary may make rules and regulations providing reasonable limitations and allowing reasonable variations, tolerances, and exemptions to and from any or all of the provisions of sections 7 and 12 if he shall find, after a public hearing on the matter, and taking into account the factors set forth in section 6 (a) (3), that economic conditions warrant such action." SEC. 4. Section 16 of such Act is amended by adding at the end thereof the following new subsection (d): "(d) In any action or proceeding commenced prior to, on, or after the date of enactment of this subsection, no employer shall be subject to any liability or punishment under this Act or the Portal-to-Portal Act of 1947 on account of his failure to comply with any provision or provisions of such Acts with respect to work performed in a work place to which the exemption in section 13 (e) is applicable or with respect to work performed in a possession named in section 6 (a) (3) at any time prior to the establishment by the Secretary, as provided therein, of a minimum wage rate applicable to such work." SEC. 5. Section 17 of such Act is amended by striking the word "and" after the words "Canal Zone", and inserting the words "and the District Court of Guam" after the words "Virgin Islands." DEPARTMENT OF THE INTERIOR, Hon. LISTER HILL, OFFICE OF THE SECRETARY, Washington 25, D., C., May 8, 1956. Chairman, Committee on Labor and Public Welfare, MY DEAR SENATOR HILL: This responds to your request for the views of this Department on S. 2404, a bill to amend the Fair Labor Standards Act of 1938, as amended. The Fair Labor Standards Act of 1938, as amended, is by its terms applicable to the 48 States, the District of Columbia, the Territories and possessions of the United States, and the Commonwealth of Puerto Rico, although provision is made for flexibility in the determination of the minimum wage required to be paid in Puerto Rico and the Virgin Islands (52 Stat. 1060, as amended, 29 U. S. C. 201). The purpose of S. 2404 is to provide for a determination by the Secretary of Labor of minimum wages which he finds are proper for the economy of the area in Guam, American Samoa, and Wake Island and to provide for such control over hours of labor and child labor affecting laborers covered by minimum-wage rates so determined as the Secretary finds that economic conditions may warrant. It is believed that this would provide such protection in regard to wages and hours of labor as may be needed without requiring application of the same protection afforded by the statute for more economically advanced areas. Section 2 of the bill would authorize the Secretary of Labor, when he finds that economic conditions warrant, to establish minimum wages for employees in Guam, American Samoa, and Wake Island. In the absence of such a determination by the Secretary of Labor, the current statutory minimum would not apply to those areas. Section 3 would limit the application of the act to the States, the District of Columbia, Alaska, Hawaii, Puerto Rico, the Virgin Islands, outer Continental Shelf lands, Guam, American Samoa, and Wake. Section 3 would also provide that the maximum-hour and child-labor provisions of the act shall not apply to Guam, American Samoa, and Wake until and to the extent that the Secretary of Labor imposes minimum wages for employees in those areas. The Secretary may then authorize reasonable variations and exemptions from the maximum-hour and child-labor provisions. This Department favors the enactment of legislation along the lines of S. 2404. It is our view that minimum-wage-rate determinations by the Secretary of Labor for Guam and American Samoa, in keeping with the economic development of each area, will be a more effective aid in advancing the general welfare of the workers and their communities, and, as a result, in promoting in those areas the purposes of the Fair Labor Standards Act, than attempts to cast their minimum-wage rates according to the rate pattern which has been adopted for the more highly developed economy of the mainland. It should be pointed out that not only is the general economic development of Guam and American Samoa at a much lower level than the economy of other American areas, but the economic levels of these two areas are substantially different from each other. The provisions of S. 2404 will permit the Secretary of Labor to take such differences into account and establish minimum rates for each area which will best meet its needs in accordance with the purposes and objectives of the Fair Labor Standards Act. This Department has no jurisdiction on Wake Island and therefore we limit our comments to the statement that we have no objection to the inclusion of Wake Island in the provisions of S. 2404. The Bureau of the Budget has advised that there is no objection to the submission of this report to your committee. Sincerely yours, CLARENCE A. DAVIS, Acting Secretary of the Interior. [S. 2748, 84th Cong., 1st sess.] A BILL To amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large retail establishments whose activities affect interstate commerce, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Retail Establishment Amendments of 1955 to the Fair Labor Standards Act of 1938, as amended". FINDING AND DECLARATION OF POLICY SEC. 2. (a) Section 2 (a) of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as the "Act"), is amended to read as follows: "(a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce or in activities affecting commerce, of labor 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 perpetuate such labor conditions among the workers of the several States; (2) burdens and affects 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) interferes with the orderly and fair marketing of goods in commerce." "(b) Section 2 (b) of such Act is amended to read as follows: "(b) It is hereby declared to be the policy of this chapter through the exercise by Congress of its powers to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries, including retail establishments affecting commerce, without substantially curtailing employment or earning power." DEFINITIONS SEC. 3. (a) Section 3 of such Act is amended by striking out subsection (n) thereof. (b) Section 3 of such Act is amended by adding at the end thereof the following: "(p) Activity affecting commerce' includes any activity in commerce necessary to commerce or competing with any activity in commerce or where the payment of wages at rates below those prescribed by this Act would burden or obstruct or tend to burden or obstruct commerce or the free flow of commerce." SPECIAL INDUSTRY COMMITTEES FOR PUERTO RICO AND THE VIRGIN ISLANDS SEC. 4. Section 5 (a) of such Act is amended by adding after the words ", or in Puerto Rico and the Virgin Islands, engaged in commerce or in the production of goods for commerce," and after the words, "or in the production of goods for commerce in particular industries" the following: "or employed in or about or in connection with any enterprise where an employer, having more than five retail establishments or having one or more retail establishments with a total annual volume of sales of more than $500,000, is engaged in any activity affecting commerce". MINIMUM WAGES SEC. 5. (a) That part of section 6 of such Act, which immediately precedes subparagraph (1) of such section, is 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, and every employer who is engaged in any activity affecting commerce and who has more than five retail establishments or has one or more retail establishments with a total annual volume of sales of more than $500,000 shall pay to each of his employees employed in or about or in connection with any enterprise where he is so engaged, wages at the following rates:". (b) Section 6 (c) of such Act is amended by adding after the words "in the production of goods for commerce" the following: ", or employed in or about or in connection with any enterprise where an employer, having more than five retail establishments or having one or more retail establishments with a total annual volume of sales of more than $500,000 is engaged in any activity affecting commerce,". MAXIMUM HOURS SEC. 6. Section 7 (a) of such Act is amended to read as follows: "(a) Except as otherwise provided in this section, no employer shall employ any of his employees who is engaged in commerce or in the production of goods for commerce, and no employed who is engaged in any activity affecting commerce and who has more than five retail establishments or has one or more establishments with a total annual volume of sales of more than $500,000 shall employ any of his employees employed in or about or in connection with any enterprise where he is so engaged, for a workweek longer than forty hours, or a workday longer than eight 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 so employed." |