(a) The purpose of these regulations is to implement the 1989
Amendments to the FLSA with respect to minimum wage increases in Puerto
Rico. These regulations establish the applicable wage rates and
effective dates in the four statutory tiers and categorize industries
and governmental entities in Puerto Rico in those tiers according to
average hourly wage rates. In addition, these regulations explain the
methodology used to determine appropriate tiers, including the use of
standard industrial classification (SIC) codes to categorize industries.
(b) Subpart A of this part summarizes the provisions of the
Amendments as applicable to Puerto Rico and defines the terms used
herein. Subpart B of this part states the specific minimum wage rates
for each tier and the effective dates of those rates. Subpart C of this
part explains how industry and governmental categories were determined,
the general methodology used to conduct the surveys which provided the
data used to determine average hourly wage rates, and special issues in
the classification of governmental entities. Appendix A of this part
contains a listing of manufacturing industries by Standard Industrial
Classification (SIC) code and indicates the tier to which each industry
is subject. Appendix B of this part contains a listing of
nonmanufacturing industries by SIC code and indicates the tier to which
each industry is subject. Appendix C of this part contains a listing of
government corporations and indicates the tier to which each such
corporation is subject. Appendix D of this part contains a listing of
municipalities and indicates the tier to which each municipality is
subject.
(c) Nothing contained in this part should be construed as precluding
the Puerto Rico Minimum Wage Board, which has been granted authority to
promulgate minimum wage rates above the Federal statutory minimum, from
providing for increases in any industry which would exceed the rates
provided for in these regulations or in section 6(a)(1) of the Act.