FAIR LABOR STANDARDS AMENDMENTS OF 1989
Public Law 101-157
FAIR LABOR STANDARDS AMENDMENTS OF 1989
157
101-157
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
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Fair Labor Standards Amendments of 1989
1515
101
1989-11-17
FAIR LABOR STANDARDS AMENDMENTS OF 1989
[Public Law 101-157]
[This law has not been amended]
[Currency: This publication is a compilation of the text of Public Law 101-157. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SEC. 6.

TRAINING WAGE.
(a)

In General.—
(1)

Authority.—
Any employer may, in lieu of the minimum wage prescribed by section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), pay an eligible employee the wage prescribed by paragraph (2)—
(A)
while such employee is employed for the period authorized by subsection (g)(1)(B)(i), or
(B)
while such employee is engaged in on-the-job training for the period authorized by subsection (g)(1)(B)(ii).
(2)

Wage rate.—
The wage referred to in paragraph (1) shall be a wage—
(A)
of not less than $3.35 an hour during the year beginning April 1, 1990; and
(B)
beginning April 1, 1991, of not less than $3.35 an hour or 85 percent of the wage prescribed by section 6 of such Act, whichever is greater.
(b)

Wage Period.—
An employer may pay an eligible employee the wage authorized by subsection (a) for a period that—
(1)
begins on or after April 1, 1990;
(2)
does not exceed the maximum period during which an employee may be paid such wage as determined under subsection (g)(1)(B); and
(3)
ends before April 1, 1993.
(c)

Wage Conditions.—
No eligible employee may be paid the wage authorized by subsection (a) by an employer if—
(1)
any other individual has been laid off by such employer from the position to be filled by such eligible employee or from any substantially equivalent position; or
(2)
such employer has terminated the employment of any regular employee or otherwise reduced the number of employees with the intention of filling the vacancy so created by hiring an employee to be paid such wage.
(d)

Limitations.—
(1)

Employee hours.—
During any month in which employees are to be employed in an establishment under this section, the proportion of employee hours of employment to the total hours of employment of all employees in such establishment may not exceed a proportion equal to one-fourth of the total hours of employment of all employees in such establishment.
(2)

Displacement.—
(A)

Prohibition.—
No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in subsection (a).
(B)

Disqualification.—
If the Secretary determines that an employer has taken an action in violation of subparagraph (A), the Secretary shall issue an order disqualifying such employer from employing any individual at such wage.
(e)

Notice.—
Each employer shall provide to any eligible employee who is to be paid the wage authorized by subsection (a) a written notice before the employee begins employment stating the requirements of this section and the remedies provided by subsection (f) for violations of this section. The Secretary shall provide to employers the text of the notice to be provided under this subsection.
(f)

Enforcement.—
Any employer who violates this section shall be considered to have violated section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29 U.S.C. 216 and 217) shall apply with respect to the violation.
(g)

Definitions.—
For purposes of this section:
(1)

Eligible employee.—
(A)

In general.—
The term “eligible employee” means with respect to an employer an individual who—
(i)
is not a migrant agricultural worker or a seasonal agricultural worker (as defined in paragraphs (8) and (10) of section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802 (8) and (10)) without regard to subparagraph (B) of such paragraphs and is not a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a));
(ii)
has not attained the age of 20 years; and
(iii)
is eligible to be paid the wage authorized by subsection (a) as determined under subparagraph (B).
(B)

Duration.—
(i)
An employee shall initially be eligible to be paid the wage authorized by subsection (a) until the employee has been employed a cumulative total of 90 days at such wage.
(ii)
An employee who has been employed by an employer at the wage authorized by subsection (a) for the period authorized by clause (i) may be employed by any other employer for an additional 90 days if the employer meets the requirements of subsection (h).
(iii)
The total period, as authorized by clauses (i) and (ii), that an employee may be paid the wage authorized by subsection (a) may not exceed 180 days.
(iv)
For purposes of this subparagraph, the term “employer” means with respect to an employee an employer who is required to withhold payroll taxes for such employee.
(C)

Proof.—
(i)

In general.—
An individual is responsible for providing the requisite proof of previous period or periods of employment with other employers. An employer's good faith reliance on the proof presented to the employer by an individual shall constitute a complete defense to a charge that the employer has violated subsection (b)(2) with respect to such individual.
(ii)

Regulations.—
The Secretary of Labor shall issue regulations defining the requisite proof required of an individual. Such regulations shall establish minimal requirements for requisite proof and may prescribe that an accurate list of the individual's employers and a statement of the dates and duration of employment with each employer constitute requisite proof.
(2)

On-the-job training.—
The term “on-the-job training” means training that is offered to an individual while employed in productive work that provides training, technical and other related skills, and personal skills that are essential to the full and adequate performance of such employment.
(h)

Employer Requirements.—
An employer who wants to employ employees at the wage authorized by subsection (a) for the period authorized by subsection (g)(1)(B)(ii) shall—
(1)
notify the Secretary annually of the positions at which such employees are to be employed at such wage,
(2)
provide on-the-job training to such employees which meets general criteria of the Secretary issued by regulation after consultation with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and other interested persons,
(3)
keep on file a copy of the training program which the employer will provide such employees,
(4)
provide a copy of the training program to the employees,
(5)
post in a conspicuous place in places of employment a notice of the types of jobs for which the employer is providing on-the-job training, and
(6)
send to the Secretary on an annual basis a copy of such notice.
The Secretary shall make available to the public upon request notices provided to the Secretary by employers in accordance with paragraph (6).
(i)

Report.—
The Secretary of Labor shall report to Congress not later than March 1, 1993, on the effectiveness of the wage authorized by subsection (a). The report shall include—
(1)
an analysis of the impact of such wage on employment opportunities for inexperienced workers;
(2)
any reduction in employment opportunities for experienced workers resulting from the employment of employees under such wage;
(3)
the nature and duration of the training provided under such wage; and
(4)
the degree to which employers used the authority to pay such wage.
[29 U.S.C. 206 note]
* * * * * * *
SEC. 8.

APPLICATION OF RIGHTS AND PROTECTIONS OF FAIR LABOR STANDARDS ACT OF 1938 TO CONGRESSIONAL AND ARCHITECT OF THE CAPITOL EMPLOYEES.
(a)

House Employees.—
(1)

In general.—
Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of Representatives and to any employing authority of the House of Representatives.
(2)

Administration.—
In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be applied. As used in this paragraph, the term “Fair Employment Practices Resolution” means House Resolution 558, One Hundredth Congress, agreed to October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to January 3, 1989.
(b)

Architect of the Capitol Employees.—
Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to individuals employed under the Office of the Architect of the Capitol.
[2 U.S.C. 1313 note]