Page:United States Statutes at Large Volume 103 Part 1.djvu/969

 PUBLIC LAW 101-157—NOV. 17, 1989 103 STAT. 941 (A) by striking out "Puerto Rico or the Virgin Islands, or in Puerto Rico and the Virgin Islands," and inserting in lieu thereof "American Samoa"; and (B) by inserting before the period at the end of the sentence ", and who but for section 6(a)(3) would be subject to the minimum wage requirements of section 6(a)(1)"; (4) in the third sentence of subsection (b)— (A) by striking out "Puerto Rico or in the Virgin Islands" and inserting in lieu thereof "American Samoa"; (B) by striking out "Puerto Rico and the Virgin Islands" and inserting in lieu thereof "American Samoa"; and (C) by striking out "section 6(c)" and inserting in lieu thereof "section 6(a)(3)"; and (5) in the section heading, by striking out "PUERTO RICO AND THE VIRGIN ISLANDS" and inserting in lieu thereof "AMERICAN SAMOA". (d) EMPLOYMENT UNDER SPECIAL CERTIFICATES. —Section 14(b) (29 U.S.C. 214(b)) is amended by striking out "(or in" and all that follows through "section 6(c))" each place it appears in paragraphs dXA), (2), and (3). SEC. 5. TIP CREDIT. Effective April 1, 1990, the third sentence of section 3(m) (29 Effective date. U.S.C. 203(m)) is amended by striking out "in excess of 40 per centum of the applicable minimum wage rate," and inserting in lieu thereof "in excess of (1) 45 percent of the applicable minimum wage rate during the year beginning April 1, 1990, and (2) 50 percent of the applicable minimum wage rate after March 31, 1991,". SEC. 6. TRAINING WAGE. 29 USC 206 note. (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 pre- scribed by paragraph (2)— (A) while such employee is employed for the period au- thorized by subsection (g)(l)(B)(i), or (B) while such employee is engaged in on-the-job training for the period authorized by subsection (g)(l)(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 begin- ning 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 subsec- tion (g)(l)(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—

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