52 Stat. 1068. 29 USC 214. Ante, p. 66. 52 Stat. 1062; Ante, p. 67. 75 STAT. 72. animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; or "(6) any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a share-crop basis, and which are used exclusively for supply and storing of water for agricultural purposes; or "(7) any employee to the extent that such employee is exempted by regulations or orders of the Secretary issued under section 14; or "(8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where printed and published or counties contiguous thereto; or "(9) any employee of a street, suburban or interurban electric railway, or local trolley or motor bus carrier, not in an enterprise described in section 3(s) (2); or "(10). any individual employed within the area of production (as defined by the Secretary), engaged in handling, packing, storing, compressing, pasteurizing, drying, preparing in their raw or natural state, or canning of agricultural or horticultural commodities for market, or in making cheese or butter or other dairy products; or "(11) any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or "(12) any employee of an employer engaged in the business of operating taxicabs; or "(13) any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under clause (2) of this subsection with respect to whom the provisions of sections 6 and 7 would not otherwise apply, 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; or "(14) any employee employed as a seaman on a vessel other than an American vessel; or "(15) any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed twelve; or "(16) any employee with respect to his employment in agriculture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at a wage rate not less than that prescribed by section 6(a)(1); or 75 STAT. 73. "(17) any employee employed within the area of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm: Provided, That no more than five employees are employed in the establishment in such operations; or "(18) any employee engaged in ginning of cotton for market, in any place of employment located in a county where cotton is grown in commercial quantities; or (19) any employee of a retail or service establishment which is primarily engaged in the business of selling automobiles, trucks, or farm implements; or "(20) any employee of a retail or service establishment who is employed primarily in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of members of clubs; or (21) 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 "(22) any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables. "(b) The provisions of section 7 shall not apply with respect to 63 Stat. 912. "(1) any employee with respect to whom the Interstate Com- 29 USC 207. merce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935; or "(2) any employee of an employer subject to the provisions of part I of the Interstate Commerce Act; or 66 (3) any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act; or 49 Stat. 546. 49 USC 304. 24 Stat. 379. 49 USC 1 et seq. 49 Stat. 1189. "(4) any employee employed in the canning, processing, mar- 45 USC 181-188. keting, freezing, curing, storing, packing for shipment, or dis tributing of any kind of fish, shellfish, or other aquatic forms of animal or vegetable life, or any byproduct thereof; or "(5) any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or (6) any employee employed as a seaman; or "(7) any employee of a street, suburban or interurban electric railway, or local trolley or motorbus carrier; or "(8) any employee of a gasoline service station; or "(9) any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located (A) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Bureau of the Budget, which has a total population in excess of one hundred thousand, 63 Stat. 912. 29 USC 207. 29 USC 213. 52 Stat. 1068. 29 USC 214. 29 USC 216. 75 STAT. 74. or (B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area; or "(10) any employee of an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if (A) the annual gross volume of sales of such enterprise is not more than $1,000,000 exclusive of excise taxes, and (B) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and (C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale; or "(11) any employee employed as a driver or driver's helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under section 7(a)." SEC. 10. That section 13 (d) of such Act, as amended, is amended by inserting before the period at the end thereof the following: "or to any homeworker engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens or other forest products used in making such wreaths)". EMPLOYMENT OF STUDENTS SEC. 11. Clause (1) of section 14 of such Act is amended by striking out "and" after "apprentices," and by inserting after "messages," the following: "and of full-time students outside of their school hours in any retail or service establishment: Provided, That such employment is not of the type ordinarily given to a full-time employee,". PENALTIES AND INJUNCTION PROCEEDINGS SEC. 12. (a) Section 16(b) of such Act is amended by adding at the end thereof a new sentence as follows: "The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary of Labor in an action under section 17 in which restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing 29 USC 206,207. to such employee under section 6 or section 7 of this Act by an employer liable therefor under the provisions of this subsection." (b) Section 17 of such Act is amended to read as follows: 63 Stat. 919. 29 USC 217. 52 Stat. 1068. 29 USC 215. "INJUNCTION PROCEEDINGS "SEC. 17. The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations of section 15, including in the case of violations of section 15 (a) (2) the restraint of any withholding of payment of minimum wages or overtime compensation 75 STAT. 75. found by the court to be due to employees under this Act (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 6 of the Portal-to-Portal Act of 1947)." STUDY OF AGRICULTURAL HANDLING AND PROCESSING EXEMPTIONS AND SEC. 13. The Secretary of Labor shall study the complicated system of exemptions now available for the handling and processing of agricultural products under such Act and particularly sections 61 Stat. 87. 29 USC 255. 7(b) (3), 7(c), and 13(a) (10), and the complex problems involving 63 Stat. 912; rates of pay of employees in hotels, motels, restaurants, and other ante, p. 71. food service enterprises who are exempted from the provisions of 29 USC 207,213. this Act, and shall submit to the second session of the Eighty-seventh Congress at the time of his report under section 4(d) of such Act 52 Stat. 1062. a special report containing the results of such study and informa- 29 USC 204. tion, data and recommendations for further legislation designed to Report to simplify and remove the inequities in the application of such exemp tions. EFFECTIVE DATE Congress. SEC. 14. The amendments made by this Act shall take effect upon the expiration of one hundred and twenty days after the date of its enactment, except as otherwise provided in such amendments and except that the authority to promulgate necessary rules, regulations, or orders with regard to amendments made by this Act, under the Fair Labor Standards Act of 1938 and amendments thereto, including 52 Stat. 1060. amendments made by this Act, may be exercised by the Secretary on and after the date of enactment of this Act. Approved May 5, 1961. 29 USC 201. Public Law 87-49 June 16, 1961 An Act To amend section 4 of the Employment Act of 1946. 75 STAT. 93. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (f), Council of of section 4, of the Employment Act of 1946 (13 U.S.C. 1023 (f)), is Economic Adhereby amended to read as follows: visers. "(f) To enable the Council to exercise its powers, functions, and Appropriation. duties under this Act, there are authorized to be appropriated such 60 Stat. 24. sums as may be necessary." Approved June 16, 1961. Public Law 87-137 To provide for one additional Assistant Secretary of Labor in the Department of Labor. Be it enacted by the Senate and House of Representatives of the 75 STAT. 338. United States of America in Congress assembled, That section 2 of Labor Department. the Act of April 17, 1946 (60 Stat. 91), is amended by striking out Assistant Secre"three" and inserting in lieu thereof "four". tary. SEC. 2. Section 106(a) (16) of the Federal Executive Pay Act of 5 USC 611b. 1956 (70 Stat. 738) is amended by striking out "(3)" and inserting in lieu thereof "(4)”. 5 USC 2205. Approved August 11, 1961. |