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FLSA does not explicitly cover piece-work rates but has been interpreted by the U.S. Supreme Court to require that total com
pensation for a week divided by the number of hours worked must be ! at least equivalent to minimum hourly rates. See United States v.
Rosenwasser 323 U.S. 360 (1945); 29 C.F.R. 778.111.
1977 Farm Bill establishes for 1978 a schedule of per acre rates for sugar beet hoeing and weeding and egi es for other sugar beet operations and for cane operations that piece-work rates be equivalent to the prescribed hourly rates. See P.L. 95-113, Sec. 902, 7 C.F.R. 1435.30 (42 F.R. 1478).
FLSA applies since 1977 Farm Bill contains no child labor provision. FLSA Sec. 13(c) (1) and (2) establishes a general minimum age for agricultural workers of 14 years except that the minimum age is 16 years with respect to operations defined as hazardous by the Secretary of Labor (see 29 C.F.R. 570.70-.72). Children between 12 and 14 may be employed with the consent of the parents or on the farm which employs the parent.
Children under 12 may be employed only on a farm owned and operated by a parent or with the parent's consent on a farm exempt from the wage and hour provisions of the Act by virtue of having used no more than 500 man Cays of agricultural labor during any quarter of the preceding calendar year. However, the Secretary of Labor may in certain instances permit children 10 and ll who are permanent residents of the locality to work as agricultural hand harvest laborers for not more than eight weeks per year.
Suc. 301. The Secretary is anthorized to make payments on the following conditions with respect to sugar or liquid sugar commercially recoverable from the sugar beets or sugarcane grown on a farm for the estraction of sugar or liquid sugar:
(a) That no child under the age of fourteen years shall have been employed or permitted to work on the farm, miether for gain to such child or any other person, in the production, cultivation, or harvesting of a crop of sugar beets or sugarcane with respect to which application for payınent is made, except a member of the immediate family of a person who was the legal orner of not less than 40 per centuin of the crop at the time such work was performed, and that no child betireen the ages of fourtcen and sisteen years shall have been employed or permitted to do snch work, whether for gain to such child or any othier person, for å Jonger period than eight hours in any one day, escept a member of the iminediatc family of a person who mas the legal owner of not less than 40 per centum of the crop at the time such work was performed. The Secretary is anthorized to make payments, notirithstanding a failure to comply with the conditions provided in this subsection, but the payments made with respect to any crop shall be subject to a deduction of $10 for each cluild for each day, or a portion of a day, during which such child mas employed or permitted to work contrary to the foregoing provisions of this subsection. (7 U.S.C. 1131 (a).)
Page 18, strike out lines 7 through 23, and insert in lieu thereof the
"(a) Imposition.-- At the end of the first 6 months of each sugar supply ye or beginning with the 1979 sugar supply year, the Secretary shall determine whether thie
price objective for that year will be achieved on an average basis by the
special import duties in effect during that year and publish such determination
in the Federal Register, together with a statement of factors which entered
into the determination. If the Secretary determines that the price objective for that year will not be achieved on an average basis by the special import duties in effect during that year, the Secretary shall certify to the
President such quantitative restrictions on the total amount of sugar and sugar-containing products which may be entered during the balance of that sugar supply year as the Secretary determines to be necessary to achieve, in conjunction with the special import duties imposed during the supply year concerned, the price objective for the year on an average basis. Any quantitative restrictions certified to the President shall be proclaimed by the President
not later than the close of the 5th market day after the determination of the
"(b) Review.--If any quantitative restrictions are in effect under
this section, the Secretary shall review, from time to time, the effect of such
restrictions and shall certify to the President such adjustments in the
restrictions as the Secretary determines are required to achieve the relevant
annual market price objective. The President shall proclaim the adjustments in
quantitative restrictions as certified by the Secretary, not later than the close
of the 5th market day after the determination of the Secretary with a statement of
the factors which entered into such determination.".
Page 19, strike out lines 3 through 8.
Page 31, line 25, strike out "to effectuate the purposes of titles 1 and 11".
and insert in lieu thereof "regarding the manufacturing, marketing, transportation
or industrial use of sugar and other sweeteners".
Page 32, line 4 and 5, strike out "for the administration of titles I and II".
Page 34, line 12, strike out "principal or", and "or both,".
1. The Committee Print requires the Secretary at any time during the
The amendment would substitute a new provision which requires the Secretary to make and publish a determination after the first six months of the sugar supply year as to whether or not the price objective for the
year will be achieved on the average during the year solely through the imposition of special import duties. If he determines that it will not be achieved, he is required to certify to the President such quantitative restrictions necessary to achieve the yearly price objective on an average basis. The amendment would also require the Secretary to periodically review the effect of quantitative restrictions which are in force and to certify to the President such adjustments the Secretary considers necessary. 2. The Committee Print authorizes the Secretary to request from persons engaged in the manufacturing, marketing, transportation or industrial use of sugar and other sweeteners regarding such information the Secretary considers necessary to administer titles I and II. The amendment expands the scope of information which may be requested to include any information regarding the manufacturing, marketing, transportation or industrial use of sugar and other sweeteners as the Secretary determines necessary.
3. The amendment similarly expands the scope of cost of production studies authorized to be conducted by the Secretary.
4. The amendment deletes a provision authorizing the Secretary to waive principal on price support loans for the 1977 and 1978 crops of sugar beets and sugarcane.