Section 206 (c) of this title, referred to in subsec. (a), was repealed by Pub. L. 104–188, title II, § 2104(c), Aug. 20, 1996, 110 Stat. 1929.

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, § 4(c)(5), substituted “American Samoa” for “Puerto Rico and the Virgin Islands” in section catchline.

Subsec. (a). Pub. L. 101–157, § 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.”

Subsec. (b). Pub. L. 101–157, § 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, § 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, § 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, § 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, § 4, required review of minimum wage rates at least once each fiscal year.

Subsec. (b). Act Aug. 12, 1955, § 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, § 5(c), struck out provisions which applied to Administrator in determining classifications and minimum wage rates.

Subsec. (d). Act Aug. 12, 1955, § 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, § 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.

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.

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.

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.

Section 4 of act Aug. 12, 1955, provided that the amendment made by that section is effective July 1, 1956.

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.

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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.

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.”

Joint Res. June 26, 1940, ch. 432, § 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.”

The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.

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.