Page:United States Statutes at Large Volume 63 Part 1.djvu/954

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PUBLIC LAWS-CH. 736-OCT. 26, 1949 Classifications with- in any industry. Ante, p. 912. Report by industry committee. Approval by Ad- ministrator. Disapproval by Ad- ministrator. Contents of orders. Publication in Fed- eral Register. Notice of hearings. "(c) The industry committee shall recommend such reasonable clas- sifications 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 prescribed in para- graph (1) of section 6 (a)) 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 classifications should be made in any industry, in making such classifications, and in deter- mining the minimum wage rates for such classifications, no classifica- tions shall be made, and no minimum wage rate shall be fixed, solely on a regional basis, but the industry committee and the Administrator 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 char- acter 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) The industry committee shall file with the Administrator a report containing its recommendations with respect to the matters referred to it. Upon the filing of such report, the Administrator, after due notice to interested persons, and giving them an opportunity to be heard, shall by order approve and carry into effect the recommenda- tions contained in such report, if he finds that the recommendations are made in accordance with law, are supported by the evidence adduced at the hearing, and, taking into consideration the same factors as are required to be considered by the industry committee, will carry out the purposes of this section; otherwise he shall disapprove such recommendations. If the Administrator disapproves such recommen- dations, he shall again refer the matter to such committee, or to another industry committee for such industry (which he may appoint for such purpose), for further consideration and recommendations. " (e) 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. No such order shall take effect until after due notice is given of the issu- ance thereof by publication in the Federal Register and by such other means as the Administrator deems reasonably calculated to give to interested persons general notice of such issuance. "(f) 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." INVESTIGATIONS, INSPECTIONS, RECORDS, AND HOMEWORK REGULATIONS 2 S.taIO.10. SEC. 9 . Section 11 of such Act is amended by adding at the end thereof the following new subsection: "(d) The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion 916 [63 STAT.