Youth Employment Opportunity Wage Act of 1989

Youth Employment Opportunity Wage Act of 1989 - Amends the Fair Labor Standards Act of 1938 to authorize employers to pay employees under 20 years of age 75 percent of the minimum wage rate between May and September of each year. Exempts such employees from special certificate requirements. Restricts such authorization to: (1) hours worked by eligible employees in compliance with applicable child labor laws; and (2) youth employed after May 1 of each year.

Prohibits the removal of employees ineligible for the subminimum wage rate in order to replace them with employees who are eligible.

Makes technical and conforming amendments to the Job Training Partnership Act.

Directs the Secretary of Labor to monitor the implementation of this Act and to report to the Congress concerning the employment effects of the wage authorized by this Act.

 
758 W.E.D. 1/7/89
HR 374 IH
101st CONGRESS
1st Session
 H. R. 374
To authorize an employer to pay a youth employment opportunity wage to a
person under twenty years of age from May through September under the Fair
Labor Standards Act of 1938, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. SOLOMON introduced the following bill; which was referred to the Committee
on Education and Labor
A BILL
To authorize an employer to pay a youth employment opportunity wage to a
person under twenty years of age from May through September under the Fair
Labor Standards Act of 1938, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Youth Employment Opportunity Wage Act of 1989'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) one of the Nation's most serious and longstanding problems is providing
  adequate employment opportunities for our young people;
  (2) many youth are unemployed because they lack the job skills to earn
  the minimum wage which has the effect of pricing unskilled youth out of
  the job market;
  (3) a youth employment opportunity wage could make it possible for employers
  to expand job opportunities for young people during a period of special
  need--when young people are looking for summer jobs; and
  (4) such a program has never been adequately tested and there should be a
  demonstration period for a youth employment opportunity wage in order to
  allay any doubts as to the ameliorative impact of the youth wage.
  (b) PURPOSE- It is the purpose of the amendments made by this Act to
  provide a period during which a youth employment opportunity wage can be
  paid by employers and may be evaluated for its effectiveness in creating
  employment opportunities and helping young people develop job skills.
SEC. 3. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.
  Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is
  amended by adding at the end the following:
  `(g)(1) Notwithstanding any provision of this Act (except for the first
  sentence of section 18(a)), during the period from May 1 through September
  30 of each year, an employer may employ any person who is under age 20
  years of age at a wage not less than--
  `(A) $2.50 per hour, or
  `(B) 75 per centum of the otherwise applicable wage rate established pursuant
  to this section, section 8, or subsection (e) of section 5, whichever is less
if such person was not employed by the employer at any time during the
90-day period before May 1 of such year. No special certificate shall be
required under section 14 for an employee who is employed in accordance with
this subsection.
  `(2) This subsection shall not affect requirements for compliance with
  applicable child labor laws or recordkeeping requirements. This subsection
  shall only be applicable to hours worked by eligible employees in compliance
  with applicable child labor laws.
  `(3) No employer may discharge, transfer, or demote any employee of
  such employer who is ineligible for the minimum wage established by
  this subsection for the purpose of employing a person eligible for such
  wage. Any such discharge, transfer, or demotion shall be deemed a violation
  of section 15(a)(3).
  `(4) Any reference in any other law to the Federal minimum wage under
  subsection (a) shall be interpreted as referring to the wage established
  by this subsection with respect to the employment of employees authorized
  to receive the minimum wage established by this subsection.
SEC. 4. AMENDMENT TO THE JOB TRAINING PARTNERSHIP ACT.
  Section 142(a) of the Job Training Partnership Act (29 U.S.C. 1552) is
  amended by adding after paragraph (3) the following new paragraph:
  `(4) Notwithstanding paragraphs (2) and (3) of this subsection, individuals
  who would be paid wages during the period from May 1 through September 30
  of any calendar year and who have not attained 20 years of age before May
  1 of the year shall be paid at not less than the higher of (A) the minimum
  wage provided under section 6(g) of the Fair Labor Standards Act of 1938, or
  (B) the minimum wage under the applicable State or local minimum wage law.'.
SEC. 5. MONITORING.
  The Secretary of Labor shall monitor the implementation of the amendments
  made by this Act and shall prepare and submit to the Congress a report
  concerning the employment effects of the wage authorized by such amendments
  and such other information and recommendations as the Secretary of Labor
  determines to be appropriate.