Page:United States Statutes at Large Volume 88 Part 1.djvu/107

 88 STAT. ]

PUBLIC LAW 93-259-APR. 8, 1974

63

" (m) For a period or periods of not more than fourteen workweeks 29 USC 207. in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribea in such subsection, if such employee— " (1) is employed by such employer— " (A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11,12,13,14,21,22,23,24,31,35, 36, or 37 (as such types are defined by the Secretary of Agriculture), or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco, " (B) in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the Secretary of Agriculture), or " (C) in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the Secretary of Agriculture); and "(2) receives for^— " (A) such employment by such employer which is in excess of ten hours in any workday, and " (B) such employment by such employer which is in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. An employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section.". (b)(1) Section 13(a) (14) is repealed. Repeal. (2) Section 13(b) is amended by adding after the paragraph added ^^ "^^ ^^^" by section 7(b)(4) of this Act the following new paragraph: "(22) any agricultural employee employed in the growing and harvesting of shade-grown tobacco who is engaged in the processing (including, but not limited to, drying, curing, fermenting, bulking, rebulking, sorting, grading, aging, and baling) of such tobacco, prior to the stemming process, for use as cigar wrapper tobacco; or". T E L E G R A P H AGENCY

EMPLOYEES

10. (a) Section 13(a) (11) (relating to telegraph agency R«P««Iemployees) is repealed. (b)(1) Section 13(b) is amended by adding after the paragraph supra. added by section 9(b)(2) of this Act the following new paragraph: "(23) any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under paragraph (2) of subsection (a) with respect to whom the provisions of sections 6 and 7 would not otherwise gg^"'^' ^^' ^^' apply, who is engaged in handling telegraphic messages for the public under an agency or contract arrangement with a telegraph company where the telegraph message revenue of such agency does not exceed $500 a month, and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or". (2) Effective one year after the effective date of the Fair Labor Effective date. Standards Amendments of 1974, section 13(b) (23) is amended by ^"P'^striking out "forty-eight hours" and inserting in lieu thereof "forty-four hours". SEC

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