Page:United States Statutes at Large Volume 75.djvu/114

 74

29 USC-|o7; 29 USC 213.

PUBLIC LAW 87-30-MAY 5, 1961

[75 S T T, A

or (B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area; or "(10) any employee of an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if (A) the annual gross volume of sales of such enterprise is not more than $1,000,000 exclusive of excise taxes, and (B) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and (C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale; or ''(11) any employee employed as a driver or driver's helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under ^ section 7(a). " SEC. 10. That section 13(d) of such Act, as amended, is amended by inserting before the period at the end thereof the following: "or to any homeworker engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens or other forest products used in making such wreaths)". EMPLOYMENT OF STUDENTS

29 us% 2^^f^'

^•^^- ^^- Clause (1) of section 14 of such Act is amended by striking out "and" after "apprentices," and by inserting after "messages," the following: "and of full-time students outside of their school hours in any retail or service establishment: Provided, That such employment is not of the type ordinarily given to a full-time employee,". PENALTIES AND INJUNCTION PROCEEDINGS

29 USC 216.

gEC. 12. (a) Section 16(b) of such Act is amended by adding at the end thereof a new sentence as follows: "The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary 29 us^c' 2^^7' ^^ Labor in an action under section 17 in which restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing 29 USC 206,207. ^Q such employee under section 6 or section 7 of this Act by an employer liable therefor vinder the provisions of this subsection." (b) Section 17 of such Act is amended to read as follows: "INJUNCTION

29 u^c' 2^i5^^'

PROCEEDINGS

"SEC. 17. The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations of section 15, including in the case of violations of section 15(a)(2) the restraint of any withholding of payment of minimum wages or overtime compensation

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