Page:United States Statutes at Large Volume 91.djvu/1284

 91 STAT. 1250

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PUBLIC LAW 95-151—NOV. 1, 1977 «

"(2) receives for any such employment during such workweeks— "(A) in excess of ten hours in any workday, and "(B) 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. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.".

Repeal. Exemptions. 29 USC 207.

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SUGAR EMPLOYEES

SEC. 7. (a) Section 13(b) (26) (29 U.S.C. 213(b) (26)) is repealed. (b) Section 13 is amended by inserting after the subsection added by section 6 the following new subsection: "(j) The provisions of section 7 shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who— "(1) is engaged in the processing of sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup; and "(2) receives for any such employment during such workweeks— "(A) in excess of ten hours in any workday, and "(B) 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. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.". AGRICULTURAL

Exemptions.

HAND HARVEST LABORERS

SEC. 8. Section 13(c) (29 U.S.C. 213 (c)) is amended— (1) in paragraph (1) by inserting after "paragraph (2) " the following: "or (4)", and Waiver, (2) by adding after paragraph (3) the following new application. paragraph: "(4)(A) An employer or group of employers may apply to the 29 USC 212. Secretary for a waiver of the application of section 12 to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that— "(i) the crop to be harvested is one with a particularly short ^J harvesting season and the application of section 12 would cause ,, severe economic disruption in the industry of the employer or group of employers applying for the waiver; "(ii) the employment of the individuals to whom the waiver would apply would not be deleterious to their health or wellbeing; "(iii) the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply; "(iv) individuals age twelve and above are not available for such employment; and

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