Page:United States Statutes at Large Volume 80 Part 1.djvu/998

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PUBLIC LAW 89.684-OCT. 15, 1966

[80 STAT.

"(6) The term 'occupation' means any occupation, service, trade, business, industry, or branch or group of occupations or industries, or employment or class of employment, in which employees are gainfully employed. " (7) The term 'gratuities' means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered. "MINIMUM WAGE AND OVERTIME COMPENSATION

"SEC. 3. (a)(1) Except as otherwise provided in paragraph (2), every employer shall pay to each of his employees (A) the wage established for each such employee in a wage order issued under this Act, or (B) wages at the following rates: "(i) not less than $1.25 an hour during the year beginning February 1, 1967, "(ii) not less than $1.40 an hour during the year beginning February 1, 1968, and "(iii) not less than $1.60 an hour thereafter, whichever is higher. " (2) Every employer shall pay to each of his employees whose wage rates are governed by Minimum Wage Order Numbered 10 (effective August 15, 1964), as revised under subsection (c)(2) of this section, wages at the following rates: " (A) not less than $1.25 an hour during the year beginning August 1, 1967, " (B) not less than $1.40 an hour during the year beginning August 1, 1968, and " (C) not less than $1.60 an hour thereafter. " (b)(1) Except as otherwise provided in paragraph (2), no employer shall employ any of his employees— " (A) for a workweek longer than forty-two hours during the six month period beginning six months after the date of enactment of this subsection, or " (B) for a workweek longer than forty hours thereafter, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and onehalf times the regular rate at which he is employed. "(2) I n the case of an employer whose employees' wage rates are governed by Minimum Wage Order Numbered 10 (effective August 15, 1964), as revised under subsection (c)(2) of this section, during the period beginning on the date of enactment of this paragraph and ending August 14, 1968, such employer shall compensate each svich employee for employment in excess of forty hours in any workweek at the rate specified in such Wage Order. Beginning August 15, 1968, such employer shall compensate such employees for employment in excess of forty hours in any workweek at the rate established by the Commissioners after public hearinjr, which rate may be established without regard to the rate specified in paragraph (1). "(3) No employer shall be deemed to have violated subsection (b)(1) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (A) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 3(a)(1), and (B) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commis-

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