Notes on 29 U.S.C. § 206 : US Code - Notes

Search Notes on 29 U.S.C. § 206 : US Code - Notes

(June 25, 1938, ch. 676, Sec. 6, 52 Stat. 1062; June 26, 1940, ch.
432, Sec. 3(e), (f), 54 Stat. 616; Oct. 26, 1949, ch. 736, Sec. 6,
63 Stat. 912; Aug. 12, 1955, ch. 867, Sec. 3, 69 Stat. 711; Aug. 8,
1956, ch. 1035, Sec. 2, 70 Stat. 1118; Pub. L. 87-30, Sec. 5, May
5, 1961, 75 Stat. 67; Pub. L. 88-38, Sec. 3, June 10, 1963, 77
Stat. 56; Pub. L. 89-601, title III, Secs. 301-305, Sept. 23, 1966,
80 Stat. 838, 839, 841; Pub. L. 93-259, Secs. 2-4, 5(b), 7(b)(1),
Apr. 8, 1974, 88 Stat. 55, 56, 62; Pub. L. 95-151, Sec. 2(a)-
(d)(2), Nov. 1, 1977, 91 Stat. 1245, 1246; Pub. L. 101-157, Secs.
2, 4(b), Nov. 17, 1989, 103 Stat. 938, 940; Pub. L. 101-239, title
X, Sec. 10208(d)(2)(B)(i), Dec. 19, 1989, 103 Stat. 2481; Pub. L.
104-188, [title II], Secs. 2104(b), (c), 2105(c), Aug. 20, 1996,
110 Stat. 1928, 1929.)
REFERENCES IN TEXT
The Fair Labor Standards Amendments of 1966, referred to in
subsec. (b), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For
complete classification of this Act to the Code, see Short Title of
1966 Amendment note set out under section 201 of this title and
Tables.
The Education Amendments of 1972, referred to in subsec. (b), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX
of the Act, known as the Patsy Takemoto Mink Equal Opportunity in
Education Act, is classified principally to chapter 38 (Sec. 1681
et seq.) of Title 20, Education. For complete classification of
title IX to the Code, see Short Title note set out under section
1681 of Title 20 and Tables.
The Fair Labor Standards Amendments of 1974, referred to in
subsec. (b), is Pub. L. 93-259, Apr. 8, 1974, 88 Stat. 55. For
complete classification of this Act to the Code, see Short Title of
1974 Amendment note set out under section 201 of this title and
Tables.
The Service Contract Act of 1965, referred to in subsec. (e)(1),
(2), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended,
which is classified generally to chapter 6 (Sec. 351 et seq.) of
Title 41, Public Contracts. For complete classification of this Act
to the Code, see Short Title note set out under section 351 of
Title 41 and Tables.
The Social Security Act, referred to in subsec. (f)(1), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of such
Act is classified generally to subchapter II (Sec. 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-188, Sec. 2104(b), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"except as otherwise provided in this section, not less than $3.35
an hour during the period ending March 31, 1990, not less than
$3.80 an hour during the year beginning April 1, 1990, and not less
than $4.25 an hour after March 31, 1991;".
Subsec. (c). Pub. L. 104-188, Sec. 2104(c), struck out subsec.
(c) which related to employees in Puerto Rico.
Subsec. (g). Pub. L. 104-188, Sec. 2105(c), added subsec. (g).
1989 - Subsec. (a)(1). Pub. L. 101-157, Sec. 2, amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "not less
than $2.65 an hour during the year beginning January 1, 1978, not
less than $2.90 an hour during the year beginning January 1, 1979,
not less than $3.10 an hour during the year beginning January 1,
1980, and not less than $3.35 an hour after December 31, 1980,
except as otherwise provided in this section;".
Subsec. (a)(3). Pub. L. 101-157, Sec. 4(b)(1), substituted
"pursuant to sections 205 and 208 of this title" for "in the same
manner and pursuant to the same provisions as are applicable to the
special industry committees provided for Puerto Rico and the Virgin
Islands by this chapter as amended from time to time. Each such
committee shall have the same powers and duties and shall apply the
same standards with respect to the application of the provisions of
this chapter to employees employed in American Samoa as pertain to
special industry committees established under section 205 of this
title with respect to employees employed in Puerto Rico or the
Virgin Islands".
Subsec. (c). Pub. L. 101-157, Sec. 4(b)(2), amended subsec. (c)
generally, substituting provisions relating to the application of
wage rates under subsec. (a)(1) to employees in Puerto Rico for
provisions relating to the superseding of subsec. (a)(1) wage rates
by wage orders of a special industry committee for employees in
Puerto Rico and the Virgin Islands.
Subsec. (f)(1). Pub. L. 101-239 substituted "209(a)(6)" for
"209(g)".
1977 - Subsec. (a)(1). Pub. L. 95-151, Sec. 2(a), substituted
"not less than $2.65 an hour during the year beginning January 1,
1978, not less than $2.90 an hour during the year beginning January
1, 1979, not less than $3.10 an hour during the year beginning
January 1, 1980, and not less than $3.35 an hour after December 1,
1980" for "not less than $2 an hour during the period ending
December 31, 1974, not less than $2.10 an hour during the year
beginning January 1, 1975, and not less than $2.30 an hour after
December 31, 1975".
Subsec. (a)(5). Pub. L. 95-151, Sec. 2(b), substituted provisions
for a minimum wage rate of not less than the minimum wage rate in
effect under par. (1) after Dec. 31, 1977, for provisions for a
minimum wage rate of not less than $1.60 an hour during the period
ending Dec. 31, 1974, $1.80 an hour during the year beginning Jan.
1, 1975, $2 an hour during the year beginning Jan. 1, 1976, $2.20
an hour during the year beginning Jan. 1, 1977, and $2.30 an hour
after Dec. 31, 1977.
Subsec. (b). Pub. L. 95-151, Sec. 2(c), substituted provisions
for a minimum wage rate, effective after Dec. 31, 1977, of not less
than the minimum wage rate in effect under subsec. (a)(1) of this
section, for provisions for a minimum wage rate of not less than
$1.90 an hour during the period ending Dec. 31, 1974, not less than
$2 an hour during the year beginning Jan. 1, 1975, not less than
$2.20 an hour during the year beginning Jan. 1, 1976, and not less
than $2.30 an hour after Dec. 31, 1976.
Subsec. (c)(1). Pub. L. 95-151, Sec. 2(d)(2)(A), inserted "(A)"
before "heretofore" and cl. (B), and substituted "subsection
(a)(1)" for "subsections (a) and (b)".
Subsec. (c)(2). Pub. L. 95-151, Sec. 2(d)(1), added par. (2).
Former par. (2), relating to applicability, etc., of wage rate
orders effective on the effective date of the Fair Labor Standards
Amendments of 1974, and effective on the first day of the second
and each subsequent year after such date, was struck out.
Subsec. (c)(3). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (C),
redesignated par. (5) as (3) and substituted references to subsec.
(a)(1) of this section, for references to subsec. (a) or (b) of
this section. Former par. (3), relating to appointment of a special
industry committee for recommendations with respect to highest
minimum wage rates for employees employed in Puerto Rico or the
Virgin Islands subject to the amendments to this chapter by the
Fair Labor Standards Amendments of 1974, was struck out.
Subsec. (c)(4). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (D),
redesignated par. (6) as (4) and struck out "or (3)" after "(2)".
Former par. (4), relating to wage rates of employees in Puerto Rico
or the Virgin Islands subject to the former provisions of subsec.
(c)(2)(A) or (3) of this section, was struck out.
Subsec. (c)(5), (6). Pub. L. 95-151, Sec. 2(d)(2)(B),
redesignated pars. (5) and (6) as (3) and (4), respectively.
1974 - Subsec. (a)(1). Pub. L. 93-259, Sec. 2, substituted "not
less than $2 an hour during the period ending December 31, 1974,
not less than $2.10 an hour during the year beginning January 1,
1975, and not less than $2.30 an hour after December 31, 1975" for
"not less than $1.40 an hour during the first year from the
effective date of the Fair Labor Standards Amendments of 1966 and
not less than $1.60 an hour thereafter".
Subsec. (a)(5). Pub. L. 93-259, Sec. 4, substituted provisions
for a minimum wage rate not less than: $1.60 an hour during period
ending Dec. 31, 1974; $1.80, $2, and $2.20 an hour during years
beginning Jan. 1, 1975, 1976, and 1977, respectively; and $2.30 an
hour after Dec. 31, 1977 for former provisions for a minimum wage
rate not less than $1 an hour during first year from the effective
date of the Fair Labor Standards Amendments of 1966, not less than
$1.15 an hour during second year from such date, and not less than
$1.30 an hour thereafter.
Subsec. (b). Pub. L. 93-259, Sec. 3, inserted references to
"title II of the Education Amendments of 1972" and "Fair Labor
Standards Amendments of 1974" and substituted provisions for a
minimum wage rate not less than $1.90 an hour during period ending
Dec. 31, 1974; $2 and $2.20 an hour during years beginning Jan. 1,
1975, and 1976, respectively; and $2.30 an hour after Dec. 31, 1976
for former provisions for a minimum wage rate not less than: $1 an
hour during first year from effective date of Fair Labor Standards
Amendments of 1966; $1.15, $1.30, and $1.45 an hour during second,
third, and fourth years from such date; and $1.60 an hour
thereafter.
Subsec. (c)(2) to (6). Pub. L. 93-259, Sec. 5(b), added pars. (2)
to (6) and struck out former pars. (2) to (4) which had provided:
"(2) In the case of any such employee who is covered by such a
wage order and to whom the rate or rates prescribed by subsection
(a) of this section would otherwise apply, the following rates
shall apply:
"(A) The rate or rates applicable under the most recent wage
order issued by the Secretary prior to the effective date of the
Fair Labor Standards Amendments of 1966, increased by 12 per
centum, unless such rate or rates are superseded by the rate or
rates prescribed in a wage order issued by the Secretary pursuant
to the recommendations of a review committee appointed under
paragraph (C). Such rate or rates shall become effective sixty
days after the effective date of the Fair Labor Standards
Amendments of 1966 or one year from the effective date of the
most recent wage order applicable to such employee therefore
issued by the Secretary pursuant to the recommendations of a
special industry committee appointed under section 205 of this
title, whichever is later.
"(B) Beginning one year after the applicable effective date
under paragraph (A), not less than the rate or rates prescribed
by paragraph (A), increased by an amount equal to 16 per centum
of the rate or rates applicable under the most recent wage order
issued by the Secretary prior to the effective date of the Fair
Labor Standards Amendments of 1966, unless such rate or rates are
superseded by the rate or rates prescribed in a wage order issued
by the Secretary pursuant to the recommendations of a review
committee appointed under paragraph (C).
"(C) Any employer, or group of employers, employing a majority
of the employees in an industry in Puerto Rico or the Virgin
Islands, may apply to the Secretary in writing for the
appointment of a review committee to recommend the minimum rate
or rates to be paid such employees in lieu of the rate or rates
provided by paragraph (A) or (B). Any such application with
respect to any rate or rates provided for under paragraph (A)
shall be filed within sixty days following the enactment of the
Fair Labor Standards Amendments of 1966 and any such application
with respect to any rate or rates provided for under paragraph
(B) shall be filed not more than one hundred and twenty days and
not less than sixty days prior to the effective date of the
applicable rate or rates under paragraph (B). The Secretary shall
promptly consider such application and may appoint a review
committee if he has reasonable cause to believe, on the basis of
financial and other information contained in the application,
that compliance with any applicable rate or rates prescribed by
paragraph (A) or (B) will substantially curtail employment in
such industry. The Secretary's decision upon any such application
shall be final. Any wage order issued pursuant to the
recommendations of a review committee appointed under this
paragraph shall take effect on the applicable effective date
provided in paragraph (A) or (B).
"(D) In the event a wage order has not been issued pursuant to
the recommendation of a review committee prior to the applicable
effective date under paragraph (A) or (B), the applicable
percentage increase provided by any such paragraph shall take
effect on the effective date prescribed therein, except with
respect to the employees of an employer who filed an application
under paragraph (C) and who files with the Secretary an
undertaking with a surety or sureties satisfactory to the
Secretary for payment to his employees of an amount sufficient to
compensate such employees for the difference between the wages
they actually receive and the wages to which they are entitled
under this subsection. The Secretary shall be empowered to
enforce such undertaking and any sums recovered by him shall be
held on a special deposit account and shall be paid, on order of
the Secretary, directly to the employee or employees affected.
Any such sum not paid to an employee because of inability to do
so within a period of three years shall be covered into the
Treasury of the United States as miscellaneous receipts.
"(3) In the case of any such employee to whom subsection (a)(5)
or subsection (b) of this section would otherwise apply, the
Secretary shall within sixty days after the effective date of the
Fair Labor Standards Amendments of 1966 appoint a special industry
committee in accordance with section 205 of this title to recommend
the highest minimum wage rate or rates in accordance with the
standards prescribed by section 208 of this title, but not in
excess of the applicable rate provided by subsection (a)(5) or
subsection (b) of this section, to be applicable to such employee
in lieu of the rate or rates prescribed by subsection (a)(5) or
subsection (b) of this section, as the case may be. The rate or
rates recommended by the special industry committee shall be
effective with respect to such employee upon the effective date of
the wage order issued pursuant to such recommendation but not
before sixty days after the effective date of the Fair Labor
Standards Amendments of 1966.
"(4) The provisions of sections 205 and 208 of this title,
relating to special industry committees, shall be applicable to
review committees appointed under this subsection. The appointment
of a review committee shall be in addition to and not in lieu of
any special industry committee required to be appointed pursuant to
the provisions of subsection (a) of section 208 of this title,
except that no special industry committee shall hold any hearing
within one year after a minimum wage rate or rates for such
industry shall have been recommended to the Secretary by a review
committee to be paid in lieu of the rate or rates provided for
under paragraph (A) or (B). The minimum wage rate or rates
prescribed by this subsection shall be in effect only for so long
as and insofar as such minimum wage rate or rates have not been
superseded by a wage order fixing a higher minimum wage rate or
rates (but not in excess of the applicable rate prescribed in
subsection (a) or subsection (b) of this section) hereafter issued
by the Secretary pursuant to the recommendation of a special
industry committee."
Subsec. (f). Pub. L. 93-259, Sec. 7(b)(1), added subsec. (f).
1966 - Subsec. (a). Pub. L. 89-601, Sec. 301(a), inserted ", or
is employed in an enterprise engaged in commerce or in the
production of goods for commerce," in opening provisions.
Subsec. (a)(1). Pub. L. 89-601, Sec. 301(a), raised minimum wage
to not less than $1.40 an hour during first year from the effective
date of the Fair Labor Standards Amendments of 1966, and not less
than $1.60 thereafter, except as otherwise provided in this
section.
Subsec. (a)(4). Pub. L. 89-601, Sec. 301(b), added par. (4).
Subsec. (a)(5). Pub. L. 89-601, Sec. 302, added par. (5).
Subsec. (b). Pub. L. 89-601, Sec. 303, substituted provisions for
a minimum wage for employees covered for first time by the Fair
Labor Standards Amendments of 1966 (other than newly covered
agricultural employees) at not less than $1 an hour during first
year from the effective date of the 1966 amendments, not less than
$1.15 an hour during second year from such date, not less than
$1.30 an hour during third year from such date, not less than $1.45
an hour during fourth year from such date, and not less than $1.60
an hour thereafter, for provisions setting a timetable for
increases in the minimum wage of employees first covered by the
Fair Labor Standards Amendments of 1961.
Subsec. (c). Pub. L. 89-601, Sec. 304, provided for a percentage
minimum wage increase for employees in Puerto Rico and the Virgin
Islands who are covered by wage orders already in effect as the
equivalent of the percentage increase on the mainland, provided for
minimum wages for employees brought within coverage of this chapter
for the first time by the Fair Labor Standards Amendments of 1966
at rates to be set by special industry committees so as to reach as
rapidly as is economically feasible without substantially
curtailing employment the objectives of the minimum wage prescribed
for mainland employees, and eliminated the review committees that
has been established by the Fair Labor Standards Amendments of
1961.
Subsec. (e). Pub. L. 89-601, Sec. 305, added subsec. (e).
1963 - Subsec. (d). Pub. L. 88-38 added subsec. (d).
1961 - Subsec. (a). Pub. L. 87-30, Sec. 5(a)(1), inserted "in any
workweek" in opening provisions.
Subsec. (a)(1). Pub. L. 87-30, Sec. 5(a)(2), increased minimum
wage from not less than $1 an hour to not less than $1.15 an hour
during first two years from the effective date of the Fair Labor
Standards Amendments of 1961, and not less than $1.25 an hour
thereafter.
Subsec. (a)(3). Pub. L. 87-30, Sec. 5(a)(3), inserted "in lieu of
the rate or rates provided by this subsection or subsection (b) of
this section" and "as amended from time to time" and struck out
"now" before "applicable to".
Subsec. (b). Pub. L. 87-30, Sec. 5(b), added subsec. (b). Former
subsec. (b) had provided that "This section shall take effect upon
the expiration of one hundred and twenty days from June 25, 1938."
Subsec. (c). Pub. L. 87-30, Sec. 5(c), added subsec. (c). Former
subsec. (c) had provided for wage orders recommended by special
industrial committees and covering employees in Puerto Rico and the
Virgin Islands to supersede minimum wages of $1 an hour and for
continuance of wage orders in effect prior to effective date of
this chapter until superseded by wage orders recommended by the
special industrial committees.
1956 - Subsec. (a)(3). Act Aug. 8, 1956, added par. (3).
1955 - Subsec. (a)(1). Act Aug. 12, 1955, increased minimum wage
from not less than 75 cents an hour to not less than $1 an hour.
1949 - Subsec. (a). Act Oct. 26, 1949, Sec. 6(a), (b), struck out
subpars. (1), (2), (3), and (4), inserted subpar. (1) fixing the
minimum wage rate at not less than 75 cents an hour, and
redesignated subpar. (5) as (2).
Subsec. (c). Act Oct. 26, 1949, Sec. 6(c), continued existing
minimum wage rates in Puerto Rico and the Virgin Islands until
superseded by special industry committee wage orders.
1940 - Subsec. (a)(5). Act June 26, 1940, added par. (5).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section
15(a) of Pub. L. 95-151, set out as a note under section 203 of
this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by sections 2 to 4 and 7(b)(1) of Pub. L. 93-259
effective May 1, 1974, see section 29(a) of Pub. L. 93-259, set out
as a note under section 202 of this title.
Section 5(b) of Pub. L. 93-259 provided that the amendment made
by that section is effective Apr. 8, 1974.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as
otherwise provided, see section 602 of Pub. L. 89-601, set out as a
note under section 203 of this title.
EFFECTIVE DATE OF 1963 AMENDMENT
Section 4 of Pub. L. 88-38 provided that: "The amendments made by
this Act [amending this section and enacting provisions set out
below] shall take effect upon the expiration of one year from the
date of its enactment [June 10, 1963]: Provided, That in the case
of employees covered by a bona fide collective bargaining agreement
in effect at least thirty days prior to the date of enactment of
this Act [June 10, 1963], entered into by a labor organization as
defined in section 6(d)(4) of the Fair Labor Standards Act of 1938,
as amended [subsec. (d)(4) of this section], the amendments made by
this Act shall take effect upon the termination of such collective
bargaining agreement or upon the expiration of two years from the
date of enactment of this Act [June 10, 1963], whichever shall
first occur."
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-30 effective upon expiration of one
hundred and twenty days after May 5, 1961, except as otherwise
provided, see section 14 of Pub. L. 87-30, set out as a note under
section 203 of this title.
EFFECTIVE DATE OF 1955 AMENDMENT
Section 3 of act Aug. 12, 1955, provided that the amendment made
by that section is effective Mar. 1, 1956.
EFFECTIVE DATE OF 1949 AMENDMENT
Amendment by act Oct. 26, 1949, effective ninety days after Oct.
26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note
under section 202 of this title.
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administration of equal pay
provisions vested by this section in Secretary of Labor and
Administrator of Wage and Hour Division of Department of Labor
transferred to Equal Employment Opportunity Commission by Reorg.
Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out
in the Appendix to Title 5, Government Organization and Employees,
effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.
No. 12106, Dec. 28, 1978, 44 F.R. 1053.
Functions of all other officers of Department of Labor and
functions of all agencies and employees of that Department, with
exception of functions vested by Administrative Procedure Act (now
covered by sections 551 et seq. and 701 et seq. of Title 5,
Government Organization and Employees) in hearing examiners
employed by Department, transferred to Secretary of Labor, with
power vested in him to authorize their performance or performance
of any of his functions by any of those officers, agencies, and
employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,
64 Stat. 1263, set out in the Appendix to Title 5.
TRAINING WAGE
Pub. L. 101-157, Sec. 6, Nov. 17, 1989, 103 Stat. 941, provided
that:
"(a) In General. -
"(1) Authority. - Any employer may, in lieu of the minimum wage
prescribed by section 6 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206), pay an eligible employee the wage prescribed by
paragraph (2) -
"(A) while such employee is employed for the period
authorized by subsection (g)(1)(B)(i), or
"(B) while such employee is engaged in on-the-job training
for the period authorized by subsection (g)(1)(B)(ii).
"(2) Wage rate. - The wage referred to in paragraph (1) shall
be a wage -
"(A) of not less than $3.35 an hour during the year beginning
April 1, 1990; and
"(B) beginning April 1, 1991, of not less than $3.35 an hour
or 85 percent of the wage prescribed by section 6 of such Act,
whichever is greater.
"(b) Wage Period. - An employer may pay an eligible employee the
wage authorized by subsection (a) for a period that -
"(1) begins on or after April 1, 1990;
"(2) does not exceed the maximum period during which an
employee may be paid such wage as determined under subsection
(g)(1)(B); and
"(3) ends before April 1, 1993.
"(c) Wage Conditions. - No eligible employee may be paid the wage
authorized by subsection (a) by an employer if -
"(1) any other individual has been laid off by such employer
from the position to be filled by such eligible employee or from
any substantially equivalent position; or
"(2) such employer has terminated the employment of any regular
employee or otherwise reduced the number of employees with the
intention of filling the vacancy so created by hiring an employee
to be paid such wage.
"(d) Limitations. -
"(1) Employee hours. - During any month in which employees are
to be employed in an establishment under this section, the
proportion of employee hours of employment to the total hours of
employment of all employees in such establishment may not exceed
a proportion equal to one-fourth of the total hours of employment
of all employees in such establishment.
"(2) Displacement. -
"(A) Prohibition. - No employer may take any action to
displace employees (including partial displacements such as
reduction in hours, wages, or employment benefits) for purposes
of hiring individuals at the wage authorized in subsection (a).
"(B) Disqualification. - If the Secretary determines that an
employer has taken an action in violation of subparagraph (A),
the Secretary shall issue an order disqualifying such employer
from employing any individual at such wage.
"(e) Notice. - Each employer shall provide to any eligible
employee who is to be paid the wage authorized by subsection (a) a
written notice before the employee begins employment stating the
requirements of this section and the remedies provided by
subsection (f) for violations of this section. The Secretary shall
provide to employers the text of the notice to be provided under
this subsection.
"(f) Enforcement. - Any employer who violates this section shall
be considered to have violated section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of
such Act (29 U.S.C. 216 and 217) shall apply with respect to the
violation.
"(g) Definitions. - For purposes of this section:
"(1) Eligible employee. -
"(A) In general. - The term 'eligible employee' means with
respect to an employer an individual who -
"(i) is not a migrant agricultural worker or a seasonal
agricultural worker (as defined in paragraphs (8) and (10) of
section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802(8) and (10)) without regard to
subparagraph (B) of such paragraphs and is not a nonimmigrant
described in section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a));
"(ii) has not attained the age of 20 years; and
"(iii) is eligible to be paid the wage authorized by
subsection (a) as determined under subparagraph (B).
"(B) Duration. -
"(i) An employee shall initially be eligible to be paid the
wage authorized by subsection (a) until the employee has been
employed a cumulative total of 90 days at such wage.
"(ii) An employee who has been employed by an employer at
the wage authorized by subsection (a) for the period
authorized by clause (i) may be employed by any other
employer for an additional 90 days if the employer meets the
requirements of subsection (h).
"(iii) The total period, as authorized by clauses (i) and
(ii), that an employee may be paid the wage authorized by
subsection (a) may not exceed 180 days.
"(iv) For purposes of this subparagraph, the term
'employer' means with respect to an employee an employer who
is required to withhold payroll taxes for such employee.
"(C) Proof. -
"(i) In general. - An individual is responsible for
providing the requisite proof of previous period or periods
of employment with other employers. An employer's good faith
reliance on the proof presented to the employer by an
individual shall constitute a complete defense to a charge
that the employer has violated subsection (b)(2) with respect
to such individual.
"(ii) Regulations. - The Secretary of Labor shall issue
regulations defining the requisite proof required of an
individual. Such regulations shall establish minimal
requirements for requisite proof and may prescribe that an
accurate list of the individual's employers and a statement
of the dates and duration of employment with each employer
constitute requisite proof.
"(2) On-the-job training. - The term 'on-the-job training'
means training that is offered to an individual while employed in
productive work that provides training, technical and other
related skills, and personal skills that are essential to the
full and adequate performance of such employment.
"(h) Employer Requirements. - An employer who wants to employ
employees at the wage authorized by subsection (a) for the period
authorized by subsection (g)(1)(B)(ii) shall -
"(1) notify the Secretary annually of the positions at which
such employees are to be employed at such wage,
"(2) provide on-the-job training to such employees which meets
general criteria of the Secretary issued by regulation after
consultation with the Committee on Labor and Human Resources [now
Committee on Health, Education, Labor, and Pensions] of the
Senate and the Committee on Education and Labor [now Committee on
Education and the Workforce] of the House of Representatives and
other interested persons,
"(3) keep on file a copy of the training program which the
employer will provide such employees,
"(4) provide a copy of the training program to the employees,
"(5) post in a conspicuous place in places of employment a
notice of the types of jobs for which the employer is providing
on-the-job training, and
"(6) send to the Secretary on an annual basis a copy of such
notice.
The Secretary shall make available to the public upon request
notices provided to the Secretary by employers in accordance with
paragraph (6).
"(i) Report. - The Secretary of Labor shall report to Congress
not later than March 1, 1993, on the effectiveness of the wage
authorized by subsection (a). The report shall include -
"(1) an analysis of the impact of such wage on employment
opportunities for inexperienced workers;
"(2) any reduction in employment opportunities for experienced
workers resulting from the employment of employees under such
wage;
"(3) the nature and duration of the training provided under
such wage; and
"(4) the degree to which employers used the authority to pay
such wage."
PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS
VOLUNTEERS PRIOR TO APRIL 15, 1986; LIABILITY
Certain public agencies not to be liable for violations of this
section occurring before Apr. 15, 1986, with respect to services
deemed by that agency to have been performed for it by an
individual on a voluntary basis, see section 4(c) of Pub. L. 99-
150, set out as a note under section 203 of this title.
EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY
LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT
POLICY
Amendment by Pub. L. 99-150 not to affect liability of certain
public agencies under section 216 of this title for violation of
this section occurring before Apr. 15, 1986, see section 7 of Pub.
L. 99-150, set out as a note under section 216 of this title.
INAPPLICABILITY TO NORTHERN MARIANA ISLANDS
Pursuant to section 503(c) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands with the United States
of America, as set forth in Pub. L. 94-241, Mar. 24, 1976, 90 Stat.
263, set out as a note under section 1801 of Title 48, Territories
and Insular Possessions, this section is inapplicable to the
Northern Mariana Islands.
RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966
AMENDMENTS
Secretary authorized to promulgate necessary rules, regulations,
or orders on and after the date of the enactment of Pub. L. 89-601,
Sept. 23, 1966, with regard to the amendments made by Pub. L. 89-
601, see section 602 of Pub. L. 89-601, set out as a note under
section 203 of this title.
CONGRESSIONAL FINDING AND DECLARATION OF POLICY
Section 2 of Pub. L. 88-38 provided that:
"(a) The Congress hereby finds that the existence in industries
engaged in commerce or in the production of goods for commerce of
wage differentials based on sex -
"(1) depresses wages and living standards for employees
necessary for their health and efficiency;
"(2) prevents the maximum utilization of the available labor
resources;
"(3) tends to cause labor disputes, thereby burdening,
affecting, and obstructing commerce;
"(4) burdens commerce and the free flow of goods in commerce;
and
"(5) constitutes an unfair method of competition.
"(b) It is hereby declared to be the policy of this Act [amending
this section, and enacting provisions set out as notes under this
section], through exercise by Congress of its power to regulate
commerce among the several States and with foreign nations, to
correct the conditions above referred to in such industries."
DEFINITION OF "ADMINISTRATOR"
The term "Administrator" as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.