Page:United States Statutes at Large Volume 91.djvu/1285

 PUBLIC LAW 95-151—NOV. 1, 1977

91 STAT. 1251

"(v) the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age. "(B) Any waiver granted by the Secretary under subparagraph (A) shall require that— "(i) the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed; "(ii) such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and "(iii) such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the Secretary shall prescribe for such individuals' protection.". RETAIL AND SERVICE ESTABLISHMENT COVERAGE

SEC. 9. (a) Section 3(s) (29 U.S.C. 203(s)) is amended by renum- "Enterprise bering paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively, and inserting after paragraph (1) the following: commerce or in "(2) is an enterprise which is comprised exclusively of one or the production of more retail or service establishments, as defined in section goods for commerce." 13(a)(2), and whose annual gross volume of sales made or busi- Infra. ness done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), beginning July 1, 1978, whose annual gross volume of sales made or business done is not less than $275,000 (exclusive of excise taxes at the retail level which are separately stated), beginning July 1, 1980, whose annual gross volume of sales made or business done is not less than $325,000 (exclusive of excise taxes at the retail level which are separately stated), and after December 31, 1981, whose annual gross volume of sales made or business done is not less than $362,500 (exclusive of excise taxes at the retail level which are separately stated);". (b) Paragraph (1) of section 3(s) is amended by adding after "and beginning February 1, 1969, is an enterprise" the following: ", other than an enterprise which is comprised exclusively of retail or service establishments and which is described in paragraph (2),". (c) Section 3(s) is amended by adding at the end the following: "Notwithstanding paragraph (2), an enterprise which is comprised of Supra. one or more retail or service establishments, which on June 30, 1978, ^as subject to section 6(a)(1), and which because of a change in the Ante, p. 1245, dollar volume standard in such paragraph prescribed by the Fair Labor Standards Amendments of 1977 is not subject to such section, shall, if its annual gross volume of sales made or business done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), pay its employees not less than the minimum wage in effect under such section on the day before such change takes effect and shall pay its employees in accordance with section 7. A viola- 29 USC 207. tion of the preceding sentence shall be considered a violation of section Violation. 6 or 7, as the case may be.". (d) Section 13(a)(2) is amended by striking out "section 3(s)(4)" 29 USC 213. and inserting in lieu thereof "section 3'(s)(5)".

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