Page:United States Statutes at Large Volume 54 Part 1.djvu/650

 616 Nonapplication prior wage orders. 52 Stat. 1062 . 29U.S.C., Su] V, §206. Superseding of ( tain minimum ws provisions; conditi 52Stat. 1062. 29 .S. .C., Su V, J 2ti (a). Minimum pi( rtes for home wo ers. Regulations orders. PUBLIC LAWS-CH. 432 -JUNE 28, 1940 provision of this Act, the Administrator may appoint a special industry committee to recommend the minimum rate or rates of wages to be paid under section 6 to all employees in Puerto Rico or the Virgin Islands, or in Puerto Rico and the Virgin Islands, engaged in commerce or in the production of goods for commerce, or the Administrator may appoint separate industry committees to recommend the minimum rate or rates of wages to be paid under section 6 to employees therein engaged in commerce or in the pro- duction of goods for commerce in particular industries. An industry committee appointed under this subsection shall be composed of resi- dents of such island or islands where the employees with respect to whom such committee was appointed are employed and residents of the United States outside of Puerto Rico and the Virgin Islands. In determining the minimum rate or rates of wages to be paid, and in determining classifications, such industry committees and the Administrator shall be subject to the provisions of section 8 and no such committee shall recommend, nor shall the Administrator approve, a minimum wage rate which will give any industry in Puerto Rico or in the Virgin Islands a competitive advantage over any industry in the United States outside of Puerto Rico and the Virgin Islands." . of (d) No wage orders issued by the Administrator pursuant to the recommendations of an industry committee made prior to the enact- ment of this joint resolution pursuant to section 8 of the Fair Labor Standards Act of 1938 shall after such enactment be applicable with respect to any employees engaged in commerce or in the production of goods for commerce in Puerto Rico or the Virgin Islands. (e) Section 6 of the Fair Labor Standards Act of 1938 is amended PP' by adding at the end thereof the following: g er - "(c) The provisions of paragraphs (1), (2), and (3) of subsec- o. tion (a) of this section shall be superseded in the case of any employee in Puerto Rico or the Virgin Islands engaged in commerce or in the production of goods for commerce only for so long as and insofar as such employee is covered by a wage order issued by the Adminis- trator pursuant to the recommendations of a special industry committee appointed pursuant to section 5 (e)." . pp (f) Section 6 (a) of the Fair Labor Standards Act of 1938 is amended by adding at the end thereof the following: r-O . "(5) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the pro- portion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable or under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any opera- tion or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating minimum piece rates; to prescribe standards for employer piece rates, including the proportion or class of employees who shall receive not less than the minimum hourly wage rate; to define the term 'home worker'; and to prescribe the conditions under which employers, agents, contractors, and subcon- tractors shall cause goods to be produced by home workers.". [54 STAT.

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