SECTION 5

This section amends section 12 to permit the Secretary to require employers to obtain proof of age from any employee in order to carry out the objectives of the child labor provisions of the Act.

SECTION 6

This section amends Section 13 (a) of the Act which permits certain minimum wage and overtime exemptions:

Subsection 6(a) retains minimum wage and overtime exemptions with some modifications as follows:

13(a)(1) which describes any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman, but repeals the 40 percent tolerance for nonexempt activities;

13(a) (3) employees of seasonal amusement and recreational establishments;

13(a) (5) employees engaged in certain seafood harvesting and processing;

13(a) (6) employees in agriculture if employer uses 500 or fewer man days of hired labor during a peak quarter, but the provision exempting local seasonal hand harvest laborers regardless of the size of the farm on which they work is repealed;

13(a)(7) certain learners, apprentices, students, or handicapped workers;

13(a) (8) employees of small newspapers;

13(a)(10) switchboard employees of small telephone companies; and 13(a)(12) seamen on other than an American vessel.

Subsection 6(a) also repeals minimum wage and overtime exemptions permitted by section 13(a) as follows:

13(a) (4) and (11) employees in certain retailing and service establishments;

13(a) (9) employees of motion picture theaters;

13(a)(14) agriculture employees engaged in growing and harvesting shade-grown tobacco.

13(a)(13) logging employees is repealed, thereby removing the minimum wage exemption; but the overtime exemption is retained in a new paragraph of section 13(b).

Subsection 6(a) amends section 13(a) (2) by eliminating the special dollar volume establishment test for retail and service enterprises. This amendment has the effect of covering most chain store operations not now covered.

Subsection 6(b) retains overtime exemptions permitted by section 13(b) as follows:

13(b)(1) employees for whom the Secretary of Transportation may establish qualifications and maximum hours of service:

13(b) (2) employees of railroads;

13(b) (3) employees of air carriers;

13(b) (5) outside buyers of dairy products;

13(b) (6) seamen;

13(b) (9) certain employees of small radio or television stations;

13(b)(10) employees employed as salesmen by motor vehicle dealers, or as salesmen, partsmen or mechanics by farm implement dealers; 13(b) (11) local drivers and drivers' helpers;

13(b)(12) certain agricultural employees;

13(b)(13) employees engaged in livestock auction operations; 13(b)(14) employees of country elevators;

13(b)(16) employees engaged in transportation of fruits and vegetables; and

13(b)(17) taxicab drivers.

Subsection 6(b) also repeals overtime exemptions permitted by section 13(b) as follows:

13(b) (2) employees of oil pipelines;

13(b)(4) employees of certain fish and aquatic forms of food processors;

13(b)(10) employees employed as partsmen or mechanics by motor vehicle dealers, or as salesmen, partsmen or mechanics by aircraft dealers;

13(b)(15) employees engaged in ginning of cotton, sugar beet or sugar cane processing, but the exemption for employees engaged in the processing of maple sap into syrup is retained;

Subsection 6(b) improves overtime standards for certain employees in stages as follows:

13(b) (8) employees of nursing homes must be paid time-and-a-half after 48 hours first year (as in present law), after 46 hours second year, and after 44 hours thereafter;

13(b) (8) employees of hotels, motels, and restaurants must be paid time-and-a-half after 48 hours first year, and after 46 hours thereafter. Subsection 6(b) repeals overtime standards for certain employees in stages as follows:

13(b) (7) employees of street, suburban or interurban electric railways, or local trolley or motor bus carriers must be paid time-and-ahalf after 48 hours first year, 44 hours second year, and the exemption is repealed thereafter (all hours exclusive of voluntary charter time);

13(b) (18) and 13(b) (19) employees of food service and catering establishments and bowling establishments must be paid time-and-ahalf after 48 hours first year, 44 hours second year, and the exemptions are repealed thereafter.

Subsection 6(b) further amends section 13(b) to provide new overtime exemptions for the following employees:

13(b) (19) domestic service employees;

13(b) (20) logging employees previously exempt from minimum wage and overtime in 13(a).

Subsection 6(c) amends the provisions relating to child labor in agriculture to prohibit certain employment outside of school hours, principally for all children under the age of twelve, except on a farm owned or operated by a parent.

SECTION 7

This section amends section 14(b) to prevent unwarranted displacement of full-time employees by student workers in retail and service. establishments that are brought within the coverage of the FLSA by these amendments and to provide for student certificates for educational institutions.

SECTION 8

This section amends section 16(c) to allow the Secretary of Labor to bring suit to recover unpaid minimum wages or overtime compensation and an equal amount of liquidated damages without requiring a written request from an employee. In addition, this amendment would allow the Secretary to bring such actions even though the suit might involve issues of law that have not been finally settled by the courts.

SECTION 9

This section amends section 16 to provide for a civil penalty of up to $1000 for violation of the provisions of section 12, relating to child labor.

SECTION 10

This section amends section 18(b) to conform with new amend

ments.

SECTION 11

This section provides conforming amendments to other laws.

SECTION 12

This section amends age discrimination in Employment Act of 1967 to cover employees of Federal, State, and local governments.

SECTION 13

This section provides that the Fair Labor Standards Amendments of 1972 become effective 60 days after date of enactment.

CHANGES IN EXISTING LAW

In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

FAIR LABOR STANDARDS ACT OF 1938

AN ACT To provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Fair Labor Standards Act of 1938."

FINDINGS AND DECLARATION OF POLICY

SEC. 2. (a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce.

(b) It is hereby declared to be the policy of this Act, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employments or earning power.

DEFINITIONS

SEC. 3. As used in this Act

(a) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.

(b) "Commerce" means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.

(c) "State" means any State of the United States or the District of Columbia or any Territory or possession of the United States. (d) "Employer" includes any person acting directly or indirectly