Page:United States Statutes at Large Volume 75.djvu/105

 75 S T A T. ]

PUBLIC LAW 87-30-MAY 5, 1961

State, and if either spouse filed a timely consent to an election under subsection (a) for a taxable year beginning before January 1, 1961, the time for filing the consent of the other spouse to such election shall not expire prior to May 15, 1961."' Approved May 4, 1961.

Public Law 87-30 AN ACT To amend the Fair Labor Standards Act of 1938, as amended, to provide coverage for employees of large enterprises engaged in retail trade or service and of other employers engaged in connnerce or in the prtxliiction of goods for commerce, to increase the minimum wajie under the Act to $1.25 an hour, and for other purposes.

May 5, 1961 [H. R. 3935]

Be it enacted by the Senate and Hou>^e of Representatives of the Fa United States of America in Congress assembled, That this Act may ards i r Labor StanciAmendments be cited as the "Fair Labor Standards Amendments of 1961". of r96i. DEFIXITIOKS

SEC. '2. (a) Paragraph (m) of section 3 of the Fair Labor Standards Act of 1938, as amended, defining the term "wage'', is amended 09 us^c 2^03^^' by inserting before the period at the end thereof a colon and the following: "Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective-bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board, lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee''. (b) Paragraph (n) of section 3 of such Act is amended by insert- ^3 Stat. 911. ing immediately before ''shall not"' the following ", except as used in subsection (s)(l), ". (c) Section 3 of such Act is further amended by adding at the end thereof the following new paragraphs: " (p) 'American vessel' includes any vessel which is documented or numbered under the laws of the United States. "'(q) "Secretary" means the Secretary of Labor. " (r) 'Enterprise* means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an inflependeiit contractor: Provided, That, within the meaning of this subsection, a retail or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not necessarily limited to, an agreement, (1) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (2) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (3) that it will have the exclusive right to

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