(a) The declared policy of the Act 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 object of the minimum
wage rate that would apply in each such industry under paragraph (1) of
section 6(a) but for section 6(a)(3) of the Act. Each industry committee
shall recommend to the Administrator the highest minimum wage rates for
the industry that 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 6(a)(1), that would be
applicable but for section 6(a)(3), unless there is evidence in the
record that establishes that the industry, or a predominant portion
thereof, is unable to pay that wage due to such economic and competitive
conditions.
(b) Whenever the industry committee finds that a higher minimum wage
may be determined for employees engaged in certain activities or in the
manufacture of certain products in the industry than may be determined
for other employees in the industry, the industry committee shall
recommend such reasonable classifications within the industry as it
determines to be necessary for the purpose of fixing for each
classification the highest minimum wage rate (not in excess of that
prescribed in paragraph (1) of section 6(a) of the Act) that can be
determined for it under the principles set out in this section that will
not substantially curtail employment in such classification and will not
give a competitive advantage to any group in that industry. No
classification shall be made, however, and no minimum wage rate shall be
fixed solely on a regional basis or on the basis of age or sex. In
determining whether there should be classifications within an industry,
in making such classifications, and in determining the minimum wage rate
for each classification, the 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.
[55 FR 53298, Dec. 28, 1990]
