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U.S. Code as of:
01/19/04
Section 208. Wage orders in American Samoa
(a) Congressional policy; recommendation of wage rate by industry
committee
The policy of this chapter with respect to industries or
enterprises in American Samoa engaged in commerce or in the
production of goods for commerce is to reach as rapidly as is
economically feasible without substantially curtailing employment
the objective of 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) (!1) of this title. The Administrator
shall from time to time convene an industry committee or
committees, appointed pursuant to section 205 of this title, and
any such industry committee shall from time to time recommend the
minimum rate or rates of wages to be paid under section 206 of this
title by employers in American Samoa engaged in commerce or in the
production of goods for commerce or in any enterprise engaged in
commerce or in the production of goods for commerce in any such
industry or classifications therein, and who but for section
206(a)(3) of this title would be subject to the minimum wage
requirements of section 206(a)(1) of this title. Minimum rates of
wages established in accordance with this section which are not
equal to the otherwise applicable minimum wage rate in effect under
paragraph (1) or (5) of section 206(a) of this title shall be
reviewed by such a Committee once during each biennial period,
beginning with the biennial period commencing July 1, 1958, except
that the Secretary, in his discretion, may order an additional
review during any such biennial period.
(b) Investigation of industry condition by industry committee;
matters considered
Upon the convening of any such industry committee, the
Administrator shall refer to it the question of the minimum wage
rate or rates to be fixed for such industry. The industry committee
shall investigate conditions in the industry and the committee, or
any authorized subcommittee thereof, shall after due notice hear
such witnesses and receive such evidence as may be necessary or
appropriate to enable the committee to perform its duties and
functions under this chapter. The committee shall recommend to the
Administrator the highest minimum wage rates for the industry which
it determines, having due regard to economic and competitive
conditions, will not substantially curtail employment in the
industry, and will not give any industry in American Samoa a
competitive advantage over any industry in the United States
outside of American Samoa; except that the committee shall
recommend to the Secretary the minimum wage rate prescribed in
section 206(a) or 206(b) of this title, which would be applicable
but for section 206(a)(3) of this title, 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.
(c) Classifications within industry; recommendation of wage rate
The industry committee shall recommend such reasonable
classifications 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
in effect under paragraph (1) or (5) of section 206(a) of this
title (as the case may be)) 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 classification should be made in any
industry, in making such classifications, and in determining the
minimum wage rates for such classifications, no classifications
shall be made, and no minimum wage rate shall be fixed, solely on a
regional basis, but the industry committee 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
character 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) Report by industry committee; publication in Federal Register
The industry committee shall file with the Secretary a report
containing its findings of fact and recommendations with respect to
the matters referred to it. Upon the filing of such report, the
Secretary shall publish such recommendations in the Federal
Register and shall provide by order that the recommendations
contained in such report shall take effect upon the expiration of
15 days after the date of such publication.
(e) Orders
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.
(f) Due notice of hearings by publication in Federal Register
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.
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