(a) The legislative history to the 1989 Amendments (Conference
Report 101-47 on H.R. 2, May 8, 1989) stated that for any industry to
qualify for an extended minimum wage phase-in, the government of Puerto
Rico would be required to furnish official survey data substantiating
that an industry's average hourly wage is below either the $4.65 or
$4.00 threshold level. Such data were to be compiled and submitted for
review to the Department.
(b) Manufacturing industries. For purposes of implementing section
6(c) of the Act, as amended, Puerto Rico has submitted its Census of
Manufacturing Industries. The Bureau of Labor Statistics of Puerto Rico
regularly gathers data from manufacturing establishments regarding
employment, hours and earnings. The data include hourly
earnings for production and related workers and are generally specific
to the four-digit SIC code level.
(c) Non-manufacturing industries. The Bureau of Labor Statistics of
Puerto Rico designed and executed a survey to supplement data regularly
gathered for the U.S. Bureau of Labor Statistics (i.e., that included in
the payroll establishment survey published in Employment and Earnings).
The supplemental survey was carried out to determine average hourly
earnings for production workers or non-supervisory employees in the
private non-agricultural, non-manufacturing sector. Employment and
payroll information was collected for the payroll period which included
April 12, 1989. The data provided to the Department were generally
specific to the four-digit SIC code level.
(d) Agriculture. At the request of the Department, the Bureau of
Labor Statistics of Puerto Rico conducted a survey of wages paid to
agricultural workers which included employment and earnings from at
least a specified number of sugarcane farms, coffee farms, ornamental
farms, vegetable farms, and other farms, following standard statistical
random sampling techniques. The survey included information on earnings,
employment, and hourly wage rates paid to workers for the workweek
including March 11 through March 17, 1990. In addition, applicable
collective bargaining agreements were reviewed for sugarcane farms.
(e) Commonwealth government. In the case of the Commonwealth
Government of Puerto Rico, a census of hourly earnings was undertaken of
all government departments, commissions and other agencies. A separate
survey was conducted of government corporations. Managers, officials and
employees in positions which require a college degree were excluded from
the surveys.
(f) Municipalities. In the case of the municipalities of Puerto
Rico, a census of hourly earnings was conducted. Managers, officials and
employees in positions which require a college degree were excluded from
the survey.
[55 FR 12120, Mar. 30, 1990, as amended at 55 FR 53247, Dec. 27, 1990]
