Before the 1966 amendments, the Act applied, as it still applies, to
employees individually engaged in interstate or foreign commerce or in
the production
of goods for such commerce, and to employees in certain enterprises,
including enterprises in which retail sales of goods or services are
made. The tests by which coverage based on the employee's individual
activities is determined were not changed by the 1966 amendments and are
described in subpart B of this part. An employee in an enterprise whose
activities satisfy the conditions prescribed in the law prior to the
1966 amendments (discussed in subpart C) is covered under the present
Act. Any employee whose employment satisfies the tests by which
individual or enterprise coverage is determined under the Act prior to
the 1966 amendments and who would not have come within some exemption in
the law prior to the amendments is subject to the monetary provisions
prescribed in the law for previously covered employees and is entitled
to a minimum wage of at least $1.40 an hour beginning February 1, 1967,
and not less than $1.60 an hour beginning February 1, 1968, unless
expressly exempted by some provision of the amended Act. (In each
instance where there is an increase in the minimum wage, the new minimum
wage rate becomes effective 12:01 a.m., on the date indicated.) Such an
employee is also entitled to overtime pay for hours worked in excess of
40 in any workweek at a rate not less than one and one-half times his
regular rate of pay. (Minimum wage rates in Puerto Rico, the Virgin
Islands, and American Samoa are governed by special provisions of the
Act. Information on these rates is available at any office of the Wage
and Hour Division.)
