[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23236-23237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8846]


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DEPARTMENT OF LABOR

Wage and Hour Division

[Administrative Order No. ]


Special Industry Committee for All Industries in American Samoa; 
Appointment; Convention; Hearing

    1. Pursuant to sections 5 and 6(a) (3) of the Fair Labor Standards 
Act (FLSA) of 1938, as amended (29 U.S.C. 205, 206(a) (3)), and 
Reorganization Plan No. 6 of 1950 (3 CFR 1949-53 Comp., p. 1004) and 29 
CFR part 511, I hereby appoint special Industry Committee No. 26 for 
American Samoa.
    2. Pursuant to sections 5, 6(a) (3) and 8 of the FLSA, as amended 
(29 U.S.C. 205, 206(a) (3), and 208), Reorganization Plan No. 6 of 1950 
(3 CFR 1949-53 Comp., p. 1004), and 29 CFR part 511, I hereby:
    (a) Convene the above-appointed industry committee;
    (b) Refer to the industry committee the question of the minimum 
rate or rates for all industries in American Samoa to be paid under 
section 6(a)(3) of the FLSA, as amended; and,
    (c) Give notice of the hearing to be held by the committee at the 
time and place indicated.
    The industry committee shall investigate conditions in such 
industries and the committee, or any authorized subcommittee thereof, 
shall hear such witnesses and receive such evidence as may be necessary 
or appropriate to enable the committee to perform its duties and 
functions under the FLSA.
    The committee shall meet in executive session to commence its 
investigation at 9 a.m. and begin its public hearing at 11 a.m. on June 
20, 2005, in Pago Pago, American Samoa.
    3. The rate or rates recommended by the committee shall not exceed 
the rate prescribed by section 6(a) or 6(b) of the FLSA, as amended by 
the Fair Labor Standards Act Amendments of 1996, of $5.15 an hour 
effective September 1, 1997.
    The committee shall recommend to the Administrator of the Wage and 
Hour Division of the Department of Labor the highest minimum rate or 
rates of wages for such industries that it determines, having due 
regard to economic and competitive conditions, will not substantially 
curtail employment in such industries, and will not give any industry 
in American Samoa a competitive advantage over any industry in the 
United States outside of American Samoa.
    4. Where the committee finds that a higher minimum wage may be 
determined for employees engaged in certain activities or in the 
manufacture of certain products in the industry than may be determined 
for other employees in the industry, the committee shall recommend such 
reasonable classifications within the industry as it determines to be 
necessary for the purpose of fixing for each classification the highest 
minimum wage rate that can be determined for it under the principles 
set forth herein and in 29 CFR 511.10, that will not substantially 
curtail employment in such classification and will not give a 
competitive advantage to any group in the industry. No classification 
shall be made, however, and no minimum wage rate shall be fixed solely 
on a regional basis or on the basis of age or sex. In determining 
whether there should be classifications within an industry, in making 
such classifications, and in determining the minimum wage rates for 
such classifications, the committee shall consider, among other 
relevant factors, the following:
    (a) Competitive conditions as affected by transportation, living 
and production costs;
    (b) 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
    (c) Wages paid for work of like or comparable character by 
employers who voluntarily maintain minimum wage standards in the 
industry.
    5. Prior to the hearing, the Administrator of the Wage and Hour 
Division, U.S. Department of Labor, shall prepare an economic report

[[Page 23237]]

containing the information that has been assembled pertinent to the 
matters referred to the committee. Copies of this report may be 
obtained at the Office of the Governor, Pago Pago, American Samoa, and 
the National Office of the Wage and Hour Division, U.S. Department of 
Labor, Washington, DC 20210. Upon request, the Wage and Hour Division 
will mail copies to interested persons who make a written request to 
the Wage and Hour Division. To facilitate mailing, such persons should 
make advance written request to the Wage and Hour Division. The 
committee will take official notice of the facts stated in this report. 
Parties, however, shall be afforded an opportunity to refute such facts 
by evidence received at the hearing.
    6. The provisions of Title 29, Code of Federal Regulations, part 
511, will govern the procedure of this industry committee. Copies of 
this part of the regulations will be available at the Office of the 
Governor, Pago Pago, American Samoa, and at the National Office of the 
Wage and Hour Division. The proceedings will be conducted in English, 
but in the event that a witness should wish to testify in Samoan, an 
interpreter will be provided. As a prerequisite to participation as a 
party, interested persons shall file six copies of a pre-hearing 
statement at the aforementioned Office of the Governor of American 
Samoa and six copies at the National Office of the Wage and Hour 
Division, U.S. Department of Labor, Washington, DC 20210. Each pre-
hearing statement shall contain the data specified in 29 CFR 511.8 of 
the regulations and shall be filed not later than May 20, 2005. If such 
statements are sent by airmail between American Samoa and the mainland, 
such filing shall be deemed timely if postmarked within the time 
provided.

    Signed in Washington, DC, this 27th day of April, 2005.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05-8846 Filed 5-3-05; 8:45 am]
BILLING CODE 4510-27-P