Fair Labor Standards Amendments of 1977

(Conference report filed in House, H. Rept. 95-711)

Fair Labor Standards Amendments - Raises the minimum wage to $2.65 an hour for calendar year 1978, $2.90 an hour for calendar year 1979, $3.10 an hour for calendar year 1980, and $3.35 an hour after December 31, 1980.

Makes such wage rates applicable to agricultural workers and to employees covered under the Fair Labor Standards Act by the 1966 amendments. Provides increases in the minimum wage rates for employees in puerto Rico and the Virgin Islands.

Establishes a Minimum Wage Study Commission to study the social, political, and economic impact of the minimum wage.

Changes the definition of tipped employees to include only those employees who regularly receive more than $30 a month in tips. Reduces the tip credit from the present 50 percent of the minimum wage to 40 percent of the minimum wage, effective January 1, 1980, by reducing the maximum tip credit by five percent each year, beginning January 1, 1979.

Excludes from the minimum wage and overtime exemption, which presently applies to all employees of certain seasonal recreation establishments, employees of concessioners in the national parks and forests and National Wildlife Refuge System, as well as employees of private entities engaging in providing services and facilities directly related to skiing.

Includes shade-grown tobacco employees under the overtime provisions of such Act.

Exempts cotton ginning employees from the overtime requirements for a period of 14 weeks in any 52 consecutive week period.

Permits waiver of the minimum wage between June 1 and October 15 for children under 12, but not less than 10, in hand-harvested agriculture, under certain circumstances. Stipulates that such waiver may not exceed a period of 8 weeks in any one calendar year.

Exempts an enterprise with an annual gross volume of sales of less than $275,000, from the provisions of this Act, beginning July 1, 1978. Increases the dollar volume test of such exemption to $325,000, beginning July 1, 1980, and to $362,500, beginning December 31, 1981.

Provides individual employees the right to sue if they have been discriminated against for filing a complaint or otherwise seeking to enforce their rights under the Act, or for cooperating with the Secretary of Labor in enforcing the Act.

Exempts from the minimum wage provisions of the Act organized camps or religious or nonprofit educational centers.

Increases from four to six the number of full-time students which an employer may hire at 85 percent of the prevailing minimum wage.

Provides for simplified application forms to be used by small businesses that want to hire six students, or less.

Requires that hotel, motel, and restaurant employees receive overtime compensation for employment: (1) in excess of 44 hours per week in calendar year l978; and (2) in excess of 40 hours per week in all other years.