Page:United States Statutes at Large Volume 63 Part 1.djvu/953

 63 STAT.] 81ST CONG. , IST SESS.-CH. 736-OCT. 26, 1949 employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of forty hours- "(1) in the case of an employee employed at piece rates, is com- puted at piece rates not less than one and one-half times the bona fide piece rates applicable to the same work when performed dur- ing nonovertime hours; or "(2) in the case of an employee performing two or more kinds of work for which different hourly or piece rates have been estab- lished, is computed at rates not less than one and one-half times such bona fide rates applicable to the same work when performed during nonovertime hours; or "(3) is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation there- under: Provided, That the rate so established shall be authorized by regulation by the Administrator as being substantially equiv- alent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; and if (i) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of sub- section (d) are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate. "(g) Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection (d) shall be creditable toward overtime compen- sation payable pursuant to this section." WAGE ORDERS IN PUERTO RICO AND TIE VIRGIN ISLANDi SEC. 8. Section 8 of such Act is amended to read as follows: "SEa. 8. (a) The policy of this Act with respect to industries in Puerto Rico and the Virgin Islands engaged in commerce or in the production of goods for commerce is to reach as rapidly as is econom- ically feasible without substantially curtailing employment the objective of the minimum wage prescribed in paragraph (1) of sec- tion 6 (a) in each such industry. The Administrator shall from time to time convene an industry committee or committees, appointed pur- suant to section 5, and any such industry committee shall from time to time recommend the minimum rate or rates of wages to be paid under section 6 by employers 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 in any such industry or classifica- tions therein. "(b) Upon the convening of any such 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 witnesses and receive such evidence as may be necessary or appropriate to enable the com- mittee to perform its duties and functions under this Act. The com- mittee 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 will not give any industry in Puerto Rico or in the Virgin Islands a competitive advantage over any indus- try in the United States outside of Puerto Rico and the Virgin Islands. 915 Conditions. Regulation. Ante, pp. 913, 914. Crediting of pay- ments. Ante, p. 914. 52 Stat. 1064. 29 U.S. C.§ 208. Ante, p. 912. Ante, p. 911. Reference of ques- tion to industry com- mittee. Recommendations.

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