[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Pages 19099-19100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9279]
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DEPARTMENT OF LABOR
Wage and Hour Division
[Administrative Order No. 662]
Special Industry Committee for All Industries in American Samoa;
Appointment; Convention; Hearing
1. Pursuant to section 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. 21 for
American Samoa.
2. Pursuant to section 5, 6(a)(3) and 8 of FLSA, as amended (29
U.S.C. 205, 206(a)(3), and 208), reorganization Plan [[Page 19100]] 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 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 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
12, 1995, in Pago Pago, American Samoa.
3. The rate or rates recommended by the committee shall not exceed
the rate prescribed by section 6(a) and 6(b) of FLSA, as amended by the
Fair Labor Standards Amendments of 1989, of $4.25 an hour effective
April 1, 1991.
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 Part 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
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, D.C. 20210. Upon request, the Wage and Hour Division
will mail copies to interested persons. 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 procedure of this industry committee will be governed by the
provisions of Title 29, Code of Federal Regulations, Part 511. 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 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 prehearing
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, D.C. 20210. Each
prehearing statement shall contain the data specified in 29 CFR 511.8
of the regulations and shall be filed not later than June 2, 1995. 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 at Washington, DC this 10th day of April 1995.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 95-9279 Filed 4-13-95; 8:45 am]
BILLING CODE 4510-27-M
