§ 208. — Wage orders in American Samoa.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC208]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 208. Wage orders in American Samoa
(a) Congressional policy; recommendation of wage rate by industry
committee
The policy of this chapter with respect to industries or enterprises
in American Samoa engaged in commerce or in the production of goods for
commerce is to reach as rapidly as is economically feasible without
substantially curtailing employment the objective of the minimum wage
rate which would apply in each such industry under paragraph (1) or (5)
of section 206(a) of this title but for section 206(c) \1\ of this
title. The Administrator shall from time to time convene an industry
committee or committees, appointed pursuant to section 205 of this
title, and any such industry committee shall from time to time recommend
the minimum rate or rates of wages to be paid under section 206 of this
title by employers in American Samoa engaged in commerce or in the
production of goods for commerce or in any enterprise engaged in
commerce or in the production of goods for commerce in any such industry
or classifications therein, and who but for section 206(a)(3) of this
title would be subject to the minimum wage requirements of section
206(a)(1) of this title. Minimum rates of wages established in
accordance with this section which are not equal to the otherwise
applicable minimum wage rate in effect under paragraph (1) or (5) of
section 206(a) of this title shall be reviewed by such a Committee once
during each biennial period, beginning with the biennial period
commencing July 1, 1958, except that the Secretary, in his discretion,
may order an additional review during any such biennial period.
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\1\ See References in Text note below.
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(b) Investigation of industry condition by industry committee; matters
considered
Upon the convening of any such industry committee, the Administrator
shall refer to it the question of the minimum wage rate or rates to be
fixed for such industry. The industry committee shall investigate
conditions in the industry and the committee, or any authorized
subcommittee thereof, shall after due notice hear such witnesses and
receive such evidence as may be necessary or appropriate to enable the
committee to perform its duties and functions under this chapter. The
committee shall recommend to the Administrator the highest minimum wage
rates for the industry which it determines, having due regard to
economic and competitive conditions, will not substantially curtail
employment in the industry, and will not give any industry in American
Samoa a competitive advantage over any industry in the United States
outside of American Samoa; except that the committee shall recommend to
the Secretary the minimum wage rate prescribed in section 206(a) or
206(b) of this title, which would be applicable but for section
206(a)(3) of this title, unless there is evidence in the record which
establishes that the industry, or a predominant portion thereof, is
unable to pay that wage due to such economic and competitive conditions.
(c) Classifications within industry; recommendation of wage rate
The industry committee shall recommend such reasonable
classifications within any industry as it determines to be necessary for
the purpose of fixing for each classification within such industry the
highest minimum wage rate (not in excess of that in effect under
paragraph (1) or (5) of section 206(a) of this title (as the case may
be)) which (1) will not substantially curtail employment in such
classification and (2) will not give a competitive advantage to any
group in the industry, and shall recommend for each classification in
the industry the highest minimum wage rate which the committee
determines will not substantially curtail employment in such
classification. In determining whether such classification should be
made in any industry, in making such classifications, and in determining
the minimum wage rates for such classifications, no classifications
shall be made, and no minimum wage rate shall be fixed, solely on a
regional basis, but the industry committee shall consider among other
relevant factors the following:
(1) competitive conditions as affected by transportation,
living, and production costs;
(2) the wages established for work of like or comparable
character by collective labor agreements negotiated between
employers and employees by representatives of their own choosing;
and
(3) the wages paid for work of like or comparable character by
employers who voluntarily maintain minimum wage standards in the
industry.
No classification shall be made under this section on the basis of age
or sex.
(d) Report by industry committee; publication in Federal Register
The industry committee shall file with the Secretary a report
containing its findings of fact and recommendations with respect to the
matters referred to it. Upon the filing of such report, the Secretary
shall publish such recommendations in the Federal Register and shall
provide by order that the recommendations contained in such report shall
take effect upon the expiration of 15 days after the date of such
publication.
(e) Orders
Orders issued under this section shall define the industries and
classifications therein to which they are to apply, and shall contain
such terms and conditions as the Administrator finds necessary to carry
out the purposes of such orders, to prevent the circumvention or evasion
thereof, and to safeguard the minimum wage rates established therein.
(f) Due notice of hearings by publication in Federal Register
Due notice of any hearing provided for in this section shall be
given by publication in the Federal Register and by such other means as
the Administrator deems reasonably calculated to give general notice to
interested persons.
(June 25, 1938, ch. 676, Sec. 8, 52 Stat. 1064; Oct. 26, 1949, ch. 736,
Sec. 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, Secs. 4, 5(b)-(e), 69
Stat. 711, 712; Pub. L. 85-750, Aug. 25, 1958, 72 Stat. 844; Pub. L. 87-
30, Sec. 7, May 5, 1961, 75 Stat. 70; Pub. L. 93-259, Sec. 5(c)(1), (d),
Apr. 8, 1974, 88 Stat. 58; Pub. L. 95-151, Sec. 2(d)(3), Nov. 1, 1977,
91 Stat. 1246; Pub. L. 101-157, Sec. 4(c), Nov. 17, 1989, 103 Stat. 940;
Pub. L. 101-583, Sec. 1, Nov. 15, 1990, 104 Stat. 2871.)
References in Text
Section 206(c) of this title, referred to in subsec. (a), was
repealed by Pub. L. 104-188, title II, Sec. 2104(c), Aug. 20, 1996, 110
Stat. 1929.
Amendments
1990--Subsec. (b). Pub. L. 101-583, which directed the substitution
of ``unless there is evidence in the record which establishes that the
industry, or a predominant portion thereof, is unable to pay that wage
due to such economic and competitive conditions'' for ``unless there is
substantial documentary evidence, including pertinent unabridged profit
and loss statements and balance sheets for a representative period of
years or in the case of employees of public agencies other appropriate
information, in the record which establishes that the industry, or a
predominant portion thereof, is unable to pay that wage'' in ``section
8(b) (29 U.S.C. 208(b))'', was executed by making the substitution in
section 8(b) of the Fair Labor Standards Act of 1938, act June 25, 1938,
ch. 676, which is classified to subsec. (b) of this section, to reflect
the probable intent of Congress.
1989--Pub. L. 101-157, Sec. 4(c)(5), substituted ``American Samoa''
for ``Puerto Rico and the Virgin Islands'' in section catchline.
Subsec. (a). Pub. L. 101-157, Sec. 4(c), substituted ``American
Samoa engaged'' for ``Puerto Rico and the Virgin Islands engaged'',
struck out ``The Secretary shall, from time to time, convene an industry
committee or committees, appointed pursuant to section 205 of this
title, and any such industry committee--
``(1) shall, from time to time, recommend the minimum wage rates
to be paid by employers who are in Puerto Rico, in the Virgin
Islands, or in both places and who but for section 206(c) of this
title would be subject to the minimum wage requirements of section
206(a)(1) of this title, and
``(2) may, from time to time, recommend increases in the
incremental increases authorized by section 206(c)(2) of this
title.''
after ``section 206(c) of this title.'', substituted ``American Samoa
engaged'' for ``Puerto Rico or the Virgin Islands, or in Puerto Rico and
the Virgin Islands, engaged'' and inserted ``, and who but for section
206(a)(3) of this title would be subject to the minimum wage
requirements of section 206(a)(1) of this title''.
Subsec. (b). Pub. L. 101-157, Sec. 4(c)(4), substituted ``American
Samoa a competitive'' for ``Puerto Rico or in the Virgin Islands a
competitive'', ``American Samoa; except'' for ``Puerto Rico and the
Virgin Islands; except'', and ``section 206(a)(3) of this title'' for
``section 206(c) of this title''.
1977--Subsec. (a). Pub. L. 95-151 inserted provisions relating to
appointment of industry committees by the Secretary and functions of
such industry committees.
1974--Subsec. (a). Pub. L. 93-259, Sec. 5(d)(1), (2), substituted in
first sentence ``the minimum wage rate which would apply in each such
industry under paragraph (1) or (5) of section 206(a) of this title but
for section 206(c) of this title'' for ``the minimum wage prescribed in
paragraph (1) of section 206(a) of this title in each such industry''
and in third sentence ``the otherwise applicable minimum wage rate in
effect under paragraph (1) or (5) of section 206(a) of this title'' for
``the minimum wage rate prescribed in paragraph (1) of section 206(a) of
this title''.
Subsec. (b). Pub. L. 93-259, Sec. 5(c)(1), required committee to
recommend minimum wage rate prescribed in section 206(a) or 206(b) of
this title, which would be applicable but for section 206(c) of this
title, unless industry is unable to pay that wage as established by
substantial documentary evidence or in case of employees of public
agencies other appropriate information in the record.
Subsec. (c). Pub. L. 93-259, Sec. 5(d)(3), substituted ``in effect
under paragraph (1) or (5) of section 206(a) of this title (as the case
may be)'' for ``prescribed in paragraph (1) of section 206(a) of this
title''.
1961--Subsec. (a). Pub. L. 87-30 inserted ``or enterprises'' after
``industries'' in first sentence and ``or in any enterprise engaged in
commerce or in the production of goods for commerce'' after ``production
of goods for commerce'' in second sentence.
1958--Subsec. (a). Pub. L. 85-750 provided for biennial instead of
an annual review of rates and for additional review, in Secretary's
discretion, during any biennial period.
1955--Subsec. (a). Act Aug. 12, 1955, Sec. 4, required review of
minimum wage rates at least once each fiscal year.
Subsec. (b). Act Aug. 12, 1955, Sec. 5(b), permitted industry
committee or any authorized subcommittee to hear witnesses and receive
evidence only after due notice.
Subsec. (c). Act Aug. 12, 1955, Sec. 5(c), struck out provisions
which applied to Administrator in determining classifications and
minimum wage rates.
Subsec. (d). Act Aug. 12, 1955, Sec. 5(d), struck out provisions
which required hearings to be held on recommendations of industry
committee, and inserted provisions requiring publication of
recommendations and providing that such recommendations should take
effect 15 days after date of publication.
Subsec. (e). Act Aug. 12, 1955, Sec. 5(e), struck out provisions
which required due notice of orders by publication in Federal Register
and by other means as Administrator deemed reasonably calculated to give
general notice to interested persons.
1949--Subsec. (a). Act Oct. 26, 1949, stated policy of chapter with
regard to minimum wage rate of industries in Puerto Rico and Virgin
Islands and limited application of section to such industries.
Subsec. (b). Act Oct. 26, 1949, required an industry committee in
fixing minimum wage rates not to give a competitive advantage to
industries in Puerto Rico and Virgin Islands over United States
industries.
Subsec. (c). Act Oct. 26, 1949, struck out ``for any industry''
before ``shall recommend'' and substituted ``that prescribed in
paragraph (1) of section 206(a) of this title'' for ``40 cents an hour''
within parenthesis in first sentence.
Subsec. (d). Act Oct. 26, 1949, reenacted subsec. (d) without
change.
Subsecs. (e) to (g). Act Oct. 26, 1949, struck out subsec. (e) and
redesignated subsecs. (f) and (g) as (e) and (f), respectively.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section
15(a) of Pub. L. 95-151, set out as a note under section 203 of this
title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-259 effective May 1, 1974, see section 29(a)
of Pub. L. 93-259, set out as a note under section 202 of this title.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-30 effective upon expiration of one hundred
and twenty days after May 5, 1961, except as otherwise provided, see
section 14 of Pub. L. 87-30, set out as a note under section 203 of this
title.
Effective Date of 1955 Amendment
Section 4 of act Aug. 12, 1955, provided that the amendment made by
that section is effective July 1, 1956.
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Transfer of Functions
Functions of all other officers of Department of Labor and functions
of all agencies and employees of that Department, with exception of
functions vested by Administrative Procedure Act (now covered by
sections 551 et seq. and 701 et seq. of Title 5, Government Organization
and Employees) in hearing examiners employed by Department, transferred
to Secretary of Labor, with power vested in him to authorize their
performance or performance of any of his functions by any of those
officers, agencies, and employees, by Reorg. Plan No. 6 of 1950,
Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to
Title 5.
Orders, Regulations, Interpretations or Agreements Prior to 1949
Amendments
Section 16(c) of act Oct. 26, 1949, provided that: ``Any order,
regulation, or interpretation of the Administrator of the Wage and Hour
Division or of the Secretary of Labor, and any agreement entered into by
the Administrator or the Secretary, in effect under the provisions of
the Fair Labor Standards Act of 1938, as amended [this chapter], on the
effective date of this Act [ninety days from Oct. 26, 1949], shall
remain in effect as an order, regulation, interpretation, or agreement
of the Administrator or the Secretary, as the case may be, pursuant to
this Act, except to the extent that any such order, regulation,
interpretation, or agreement may be inconsistent with the provisions of
this Act, or may from time to time be amended, modified, or rescinded by
the Administrator or the Secretary, as the case may be, in accordance
with the provisions of this Act.''
Wage Orders Issued Prior to June 26, 1940, in Puerto Rico or the Virgin
Islands
Joint Res. June 26, 1940, ch. 432, Sec. 3(d), 54 Stat. 616, provided
as follows: ``No wage orders issued by the Administrator pursuant to the
recommendations of an industry committee made prior to the enactment of
this joint resolution pursuant to section 8 (this section) of the Fair
Labor Standards Act of 1938 shall after such enactment be applicable
with respect to any employees engaged in commerce or in the production
of goods for commerce in Puerto Rico or the Virgin Islands.''
Definition of ``Administrator''
The term ``Administrator'' as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
Definition of ``Secretary''
The term ``Secretary'' as meaning the Secretary of Labor, see
section 6 of act Aug. 12, 1955, set out as a note under section 204 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 205, 206, 210 of this title.
