(a) Section 6(c)(4) of the Act, as amended, limits the six-year
phase-in
of the statutory minimum wage (``Tier 4'') to those employees with an
average wage of less than $4.00 per hour who were brought under minimum
wage coverage ``pursuant to an amendment made by the Fair Labor
Standards Amendments of 1985.'' The Department has interpreted this
language as referring to section 2(c) of the 1985 FLSA Amendments, which
provided for deferred liability for minimum wage violations (until April
15, 1986) ``with respect to any employee who would not have been covered
under the Secretary's special enforcement policy'' published in 29 CFR
775.2 and 775.4. The latter subsection listed those functions of State
or local government which were determined by the Supreme Court's ruling
in National League of Cities v. Usery, 426 U.S. 833 (1976) (subsequently
overruled by Garcia v. San Antonio Metropolitan Transit Authority, 469
U.S. 528 (1985)) to be integral operations of the governments in areas
of traditional governmental functions. The listed ``traditional''
functions included the following:
(1) Schools.
(2) Hospitals.
(3) Fire prevention.
(4) Police protection.
(5) Sanitation.
(6) Public health.
(7) Parks and recreation.
(8) Libraries.
(9) Museums.
(b) The Supreme Court in National League of Cities clearly did not
limit ``traditional'' functions of government to those set out in
paragraph (a) of this section. The Court included within this concept
all those governmental services which the States and their political
subdivisions have traditionally afforded their citizens, which the
States have regarded as integral parts of their governmental activities,
and which State and local governments are created to provide. The
Department interprets the Court's analysis of ``traditional'' functions
as turning in large part upon whether the States or local governments
had, prior to initial enactment of federal regulatory legislation
applicable to a particular field of service or activity (such as FLSA),
generally established themselves as providers of the services. The
Department therefore views the following government functions as falling
within the ``traditional'' category:
(1) Finance (including Auditor, Budget and Comptroller).
(2) Elections.
(3) Personnel.
(4) Public works.
(5) Office of the Mayor.
(6) Legal Affairs.
(7) Planning.
(8) Waterworks.
(9) Social services.
(10) Street and highway construction and maintenance.
(11) Automobile licensing.
(12) Sewage treatment.
(c) Employees whose primary function falls within one or more of the
activities listed in paragraph (a) or (b) of this section, are therefore
considered to be engaged in ``traditional'' functions of government.
This would include employees who provide support functions for such
activities, such as clerical, secretarial, supply and janitorial.
(d) No employees of a municipality or government corporation may be
paid in accordance with the Tier 4 phase-in schedule unless the
employee:
(1) Is engaged in one of the specific activities listed in
paragraphs (a) and (b) of this section, and
(2) Is employed by a municipality or government corporation in which
the average wage is less than $4.00 per hour.
Appendix A to Part 510--Manufacturing Industries Eligible for Minimum
Wage Phase-In
This appendix contains a listing of all manufacturing industries for
which data were collected and compiled by the Commonwealth of Puerto
Rico for purposes of implementing the 1989 Amendments to FLSA. This
listing follows the order and classifications used in the SIC Manual,
1987, which is incorporated by reference in these regulations
(Sec. 510.21).
The data in this appendix are presented by major industry group
(two-digit classification), industry group number (three-digit
classification), and industry number (four-digit classification). Tiers
will not be listed for industry categories in which there were fewer
than three employers, in conformance with standard procedures used by
the Commonwealth of Puerto Rico in collecting and publishing these data
until such time as
Puerto Rico receives appropriate waivers of confidentiality from all
employers in such categories. These categories are noted with an ``a''
on the following table. In addition, no tier will be listed where an
industry was not included in the original survey, because it was not in
existence, because the industry was too small to be included, or for
other reasons.
Employers who do not find the four-digit classification for their
industry shall refer to the appropriate three-digit classification under
which their establishment falls. If the appropriate three-digit
classification is not listed, employers shall refer to the appropriate
two-digit classification. For example, no tier is listed for industry
number 2034, dried and dehydrated fruits, vegetables, and soup mixes.
Thus, an employer in industry 2034 must use the tier listed for industry
group 203, i.e. Tier 2.
Further, employers who find the appropriate four-digit designation
in this appendix must use that designation and cannot refer to a two- or
three-digit classification. For example, an employer in industry number
2033, canned fruits, vegetables, preserves, jams, and jellies, which has
a Tier 1 designation, cannot use the Tier 2 designation of industry
group 203, canned, frozen, and preserved fruits, vegetables, and food
specialties.
If no four-digit, three-digit, or two-digit classification is listed
for an industry, employees in that group must pay the Tier 1 rates.
Important: In referring to this appendix to determine appropriate
tier designations, please note that certain categories of employees are
subject to treatment under Tier 1 regardless of the average hourly wage
rate for the industry and the tier designation contained herein. These
employees, as listed in the 1989 Amendments, are those employed by:
(a) The United States
(b) An establishment that is a hotel, motel, or restaurant, or
(c) Any other retail or service establishment that employs such
employee in connection with the preparation or offering of food or
beverages for human consumption, either on the premises, or by such
services as catering, banquet, box lunch, or curb or counter service, to
the public, to employees, or to members or guests of clubs.
Please note that these named categories may not correspond exactly
to categories established by the SIC manual.
Manufacturing Industries
------------------------------------------------------------------------
Industry
Major group group Industry Tier Industry
number number
------------------------------------------------------------------------
20........... ........... ........... 1 Food and kindred
products.
201 ........... 2 Meat products.
........... 2011 2 Meat packing plants.
........... 2013 1 Sausages and other
prepared meat
products.
........... 2015 2 Poultry slaughtering
and processing.
202 ........... 1 Dairy products.
........... 2022 a Natural, processed, and
imitation cheese.
........... 2023 1 Dry, condensed, and
evaporated dairy
products.
........... 2024 1 Ice cream and frozen
desserts.
........... 2026 1 Fluid milk.
203 ........... 2 Canned, frozen, and
preserved fruits,
vegetables, and food
specialties.
........... 2032 a Canned specialties.
........... 2033 1 Canned fruits,
vegetables, preserves,
jams, and jellies.
........... 2035 3 Pickled fruits and
vegetables, vegetable
sauces and seasonings,
and salad dressings.
........... 2037 2 Frozen fruits, fruit
juices, and
vegetables.
........... 2038 3 Frozen specialties, not
elsewhere classified.
204 ........... 1 Grain mill products.
........... 2041 a Flour and other grain
mill products.
........... 2043 a Cereal breakfast foods.
........... 2044 1 Rice milling.
........... 2045 1 Prepared flour mixes
and doughs.
........... 2046 1 Wet corn milling.
........... 2048 1 Prepared feeds and feed
ingredients for
animals and fowls,
except dogs and cats.
205 ........... 1 Bakery products.
........... 2051 1 Bread and other bakery
products, except
cookies and crackers.
........... 2052 1 Cookies and crackers.
........... 2053 a Frozen bakery products,
except bread.
206 ........... 1 Sugar and confectionery
products.
........... 2061 1 Cane sugar, except
refining.
........... 2062 a Cane sugar refining.
........... 2064 1 Candy and other
confectionery
products.
........... 2066 3 Chocolate and cocoa
products.
........... 2067 a Chewing gum.
208 ........... 1 Beverages.
........... 2082 1 Malt beverages.
........... 2084 3 Wines, brandy, and
brandy spirits.
........... 2085 1 Distilled and blended
liquors.
........... 2086 1 Bottled and canned soft
drinks and carbonated
waters.
........... 2087 1 Flavoring extracts and
flavoring syrups, not
elsewhere classified.
209 ........... 1 Miscellaneous food
preparations and
kindred products.
........... 2091 1 Canned and cured fish
and seafoods.
........... 2095 2 Roasted coffee.
........... 2096 1 Potato chips, corn
chips, and similar
snacks.
........... 2097 3 Manufactured ice.
........... 2098 a Macaroni, spaghetti,
vermicelli, and
noodles.
........... 2099 2 Food preparations, not
elsewhere classified.
21........... ........... ........... 1 Tobacco products.
211 ........... a Cigarettes.
........... 2111 a Cigarettes.
212 ........... 1 Cigars.
........... 2121 1 Cigars.
213 ........... 1 Chewing and smoking
tobacco and snuff.
........... 2131 1 Chewing and smoking
tobacco and snuff.
214 ........... a Tobacco stemming and
redrying.
........... 2141 a Tobacco stemming and
redrying.
22........... ........... ........... 1 Textile mill products.
221 ........... 1 Broadwoven fabric
mills, cotton.
........... 2211 1 Broadwoven fabric
mills, cotton.
224 ........... 1 Narrow fabric and other
smallwares mills:
cotton, wool, silk,
and manmade fiber.
........... 2241 1 Narrow fabric and other
smallwares mills:
cotton, wool, silk,
and manmade fiber.
225 ........... 2 Knitting mills.
........... 2251 1 Women's full-length and
knee-length hosiery,
except socks.
........... 2253 2 Knit outerwear mills.
........... 2254 3 Knit underwear and
nightwear mills.
226 ........... 1 Dyeing and finishing
textiles, except wool
fabrics and knit
goods.
........... 2261 3 Finishers of broadwoven
fabrics of cotton.
........... 2262 1 Finishers of broadwoven
fabrics of manmade
fiber and silk.
227 ........... 1 Carpets and rugs.
........... 2273 1 Carpets and rugs.
228 ........... 3 Yarn and thread mills.
........... 2281 3 Yarn spinning mills.
23........... ........... ........... 2 Apparel and other
finished products made
from fabrics and
similar materials.
231 ........... 3 Men's and boys' suits,
coats, and overcoats.
........... 2311 3 Men's and boys' suits,
coats, and overcoats.
232 ........... 2 Men's and boys'
furnishings, work
clothing, and allied
garments.
........... 2321 2 Men's and boys' shirts
except work shirts.
........... 2322 1 Men's and boys'
underwear and
nightwear.
........... 2323 2 Men's and boys'
neckwear.
........... 2325 2 Men's and boys'
separate trousers and
slacks.
........... 2326 3 Men's and boys' work
clothing.
........... 2329 3 Men's and boys'
clothing, not
elsewhere classified.
233 ........... 3 Women's, misses', and
juniors' outerwear.
........... 2331 3 Women's, misses', and
juniors' blouses and
shirts.
........... 2335 3 Women's, misses', and
juniors' dresses.
........... 2337 3 Women's, misses', and
juniors' suits,
skirts, and coats.
........... 2339 2 Women's, misses', and
juniors' outerwear,
not elsewhere
classified.
234 ........... 2 Women's, misses',
children's, and
infants'
undergarments.
........... 2341 2 Women's, misses',
children's, and
infants' underwear and
nightwear.
........... 2342 2 Brassieres, girdles,
and allied garments.
235 ........... 3 Hats, caps, and
millinery
........... 2353 3 Hats, caps, and
millinery
236 ........... 3 Girls', children's, and
infants' outerwear.
........... 2361 3 Girls', children's, and
infants' dresses,
blouses, and shirts.
........... 2369 3 Girls', children's, and
infants' outerwear,
not elsewhere
classified.
238 ........... 3 Miscellaneous apparel
and accessories.
........... 2385 3 Waterproof outerwear.
........... 2387 3 Apparel belts.
........... 2389 3 Apparel and
accessories, not
elsewhere classified.
239 ........... 3 Miscellaneous
fabricated textile
products.
........... 2391 2 Curtains and draperies.
........... 2392 3 Housefurnishings,
except curtains and
draperies.
........... 2393 3 Textile bags.
........... 2395 2 Pleating, decorative
and novelty stitching,
and tucking for the
trade.
........... 2396 2 Automotive trimmings,
apparel findings, and
related products.
........... 2399 3 Fabricated textile
products, not
elsewhere classified.
24........... ........... ........... 2 Lumber and wood
products, except
furniture.
242 ........... 3 Sawmills and planing
mills.
........... 2421 3 Sawmills and planing
mills, general.
243 ........... 2 Millwork, veneer,
plywood, and
structural wood
members.
........... 2431 2 Millwork.
........... 2434 2 Wood kitchen cabinets.
........... 2435 a Hardwood veneer and
plywood.
244 ........... 3 Wood containers.
........... 2448 3 Wood pallets and skids.
245 ........... 3 Wood buildings and
mobile homes.
........... 2451 3 Mobile homes.
249 ........... 2 Miscellaneous wood
products.
........... 2491 2 Wood preserving.
........... 2499 2 Wood products, not
elsewhere classified.
25........... ........... ........... 2 Furniture and fixtures.
251 ........... 3 Household furniture.
........... 2511 3 Wood household
furniture, except
upholstered.
........... 2512 3 Wood household
furniture,
upholstered.
........... 2514 3 Metal household
furniture.
........... 2515 2 Mattresses,
foundations, and
convertible beds.
........... 2517 3 Wood television, radio,
phonograph, and sewing
machine cabinets.
........... 2519 3 Household furniture,
not elsewhere
classified.
252 ........... 2 Office furniture.
........... 2521 a Wood office furniture.
........... 2522 2 Office furniture,
except wood.
253 ........... 3 Public building and
related furniture.
........... 2531 3 Public building and
related furniture.
254 ........... 1 Partitions, shelving,
lockers, and office
and store fixtures.
........... 2541 2 Wood office and store
fixtures, partitions,
shelving, and lockers.
........... 2542 1 Office and store
fixtures, partitions,
shelving, and lockers,
except wood.
259 ........... 2 Miscellaneous furniture
and fixtures.
........... 2591 3 Drapery hardware and
window blinds and
shades.
........... 2599 a Furniture and fixtures,
not elsewhere
classified.
26........... ........... ........... 1 Paper and allied
products.
261 ........... 1 Pulp mills.
........... 2611 1 Pulp mills.
262 ........... 2 Paper mills.
........... 2621 2 Paper mills.
263 ........... a Paperboard mills.
........... 2631 a Paperboard mills.
265 ........... 1 Paperboard containers
and boxes.
........... 2652 1 Setup paperboard boxes.
........... 2653 1 Corrugated and solid
fiber boxes.
........... 2655 1 Fiber cans, tubes,
drums, and similar
products.
........... 2657 1 Folding paperboard
boxes, including
sanitary.
267 ........... 1 Converted paper and
paperboard products,
except containers and
boxes.
........... 2671 2 Packaging paper and
plastics film, coated
and laminated.
........... 2672 a Coated and laminated
paper, not elsewhere
classified.
........... 2673 2 Plastics, foil, and
coated paper bags.
........... 2674 1 Uncoated paper and
multiwall bags.
........... 2676 1 Sanitary paper
products.
........... 2677 1 Envelopes.
........... 2678 3 Stationery, tablets,
and related products.
........... 2679 a Converted paper and
paperboard products,
not elsewhere
classified.
27........... ........... ........... 1 Printing, publishing,
and allied industries.
271 ........... 1 Newspapers: publishing,
or publishing and
printing.
........... 2711 1 Newspapers: publishing,
or publishing and
printing.
273 ........... a Books.
........... 2731 a Books: publishing, or
publishing and
printing.
........... 2732 3 Book printing.
274 ........... 1 Miscellaneous
publishing.
........... 2741 1 Miscellaneous
publishing.
275 ........... 1 Commercial printing.
........... 2752 1 Commercial printing,
lithographic.
........... 2754 1 Commercial printing,
gravure.
........... 2759 1 Commercial printing,
not elsewhere
classified.
276 ........... 1 Manifold business
forms.
........... 2761 1 Manifold business
forms.
278 ........... 1 Blankbooks, looseleaf
binders, and
bookbinding and
related work.
........... 2782 1 Blankbooks, looseleaf
binders and devices.
279 ........... 1 Service industries for
the printing trade.
........... 2796 1 Platemaking and related
services.
28........... ........... ........... 1 Chemicals and allied
products.
281 ........... 1 Industrial inorganic
chemicals.
........... 2813 1 Industrial gases.
........... 2819 1 Industrial inorganic
chemicals, not
elsewhere classified.
282 ........... 1 Plastics materials and
synthetic resins,
synthetic rubber,
cellulosic and other
manmade fibers, except
glass.
........... 2821 a Plastics materials,
synthetic resins, and
nonvulcanizable
elastomers.
........... 2822 2 Synthetic rubber
(vulcanizable
elastomers).
283 ........... 1 Drugs.
........... 2833 1 Medicinal chemicals and
botanical products.
........... 2834 1 Pharmaceutical
preparations.
........... 2835 1 In vitro and in vivo
diagnostic substances.
........... 2836 1 Biological products,
except diagnostic
substances.
284 ........... 1 Soap, detergents, and
cleaning preparations;
perfumes, cosmetics,
and other toilet
preparations.
........... 2841 1 Soap and other
detergents, except
specialty cleaners.
........... 2842 1 Specialty cleaning,
polishing, and
sanitation
preparations.
........... 2844 1 Perfumes, cosmetics,
and other toilet
preparations.
285 ........... 1 Paints, varnishes,
lacquers, enamels, and
allied products.
........... 2851 1 Paints, varnishes,
lacquers, enamels, and
allied products.
286 ........... 1 Industrial organic
chemicals.
........... 2865 1 Cyclic organic crudes
and intermediates, and
organic dyes and
pigments.
........... 2869 a Industrial organic
chemicals, not
elsewhere classified.
287 ........... 1 Agricultural chemicals.
........... 2873 1 Nitrogenous
fertilizers.
........... 2879 1 Pesticides and
agricultural
chemicals, not
elsewhere classified.
289 ........... 1 Miscellaneous chemical
products.
........... 2891 1 Adhesives and sealants.
........... 2899 1 Chemicals and chemical
preparations, not
elsewhere classified.
29........... ........... ........... 1 Petroleum refining and
related industries.
291 ........... 1 Petroleum refining.
........... 2911 1 Petroleum refining.
295 ........... 1 Asphalt paving and
roofing materials.
........... 2951 1 Asphalt paving mixtures
and blocks.
........... 2952 1 Asphalt felts and
coatings.
299 ........... a Miscellaneous products
of petroleum and coal.
........... 2992 a Lubricating oils and
greases.
30........... ........... ........... 1 Rubber and
miscellaneous plastics
products.
302 ........... 1 Rubber and plastics
footwear.
........... 3021 1 Rubber and plastics
footwear.
305 ........... 2 Gaskets, packing, and
sealing devices and
rubber and plastics
hose and belting.
........... 3052 2 Rubber and plastics
hose and belting.
306 ........... 2 Fabricated rubber
products, not
elsewhere classified.
........... 3069 2 Fabricated rubber
products, not
elsewhere classified.
308 ........... 1 Miscellaneous plastics
products.
........... 3081 a Unsupported plastics
film and sheet.
........... 3082 3 Unsupported plastics
profile shapes.
........... 3083 1 Laminated plastics
plate, sheet, and
profile shapes.
........... 3084 a Plastics pipe.
........... 3085 1 Plastics bottles.
........... 3086 2 Plastics foam products.
........... 3087 3 Custom compounding of
purchased plastics
resin.
........... 3088 1 Plastics plumbing
fixtures.
........... 3089 1 Plastics products, not
elsewhere classified.
31........... ........... ........... 2 Leather and leather
products.
313 ........... 2 Boot and shoe cut stock
and findings.
........... 3131 2 Boot and shoe cut stock
and findings.
314 ........... 2 Footwear, except
rubber.
........... 3142 b House slippers.
........... 3143 2 Men's footwear, except
athletic.
........... 3144 1 Women's footwear,
except athletic.
........... 3149 2 Footwear, except
rubber, not elsewhere
classified.
315 ........... 3 Leather gloves and
mittens.
........... 3151 3 Leather gloves and
mittens.
316 ........... 3 Luggage.
........... 3161 3 Luggage.
317 ........... 2 Handbags and other
personal leather
goods.
........... 3171 3 Women's handbags and
purses.
........... 3172 1 Personal leather goods,
except women's
handbags and purses.
32........... ........... ........... 1 Stone, clay, glass, and
concrete products.
321 ........... 2 Flat glass.
........... 3211 2 Flat glass.
322 ........... 1 Glass and glassware,
pressed or blown.
........... 3221 1 Glass containers.
323 ........... 1 Glass products, made of
purchased glass.
........... 3231 1 Glass products, made of
purchased glass.
324 ........... 1 Cement, hydraulic.
........... 3241 1 Cement, hydraulic.
326 ........... 3 Pottery and related
products.
........... 3261 3 Vitreous china plumbing
fixtures and china and
earthenware fittings
and bathroom
accessories.
........... 3269 3 Pottery products, not
elsewhere classified.
327 ........... 1 Concrete, gypsum, and
plaster products.
........... 3271 2 Concrete block and
brick.
........... 3272 1 Concrete products,
except block and
brick.
........... 3273 1 Ready-mixed concrete.
........... 3274 1 Lime.
........... 3275 a Gypsum products.
328 ........... 1 Cut stone and stone
products.
........... 3281 1 Cut stone and stone
products.
329 ........... 1 Abrasive, asbestos, and
miscellaneous
nonmetallic mineral
products.
........... 3295 a Minerals and earths,
ground or otherwise
treated.
........... 3296 1 Mineral wool.
33........... ........... ........... 1 Primary metal
industries.
331 ........... 1 Steel works, blast
furnaces, and rolling
and finishing mills.
........... 3312 1 Steel works, blast
furnaces (including
coke ovens), and
rolling mills.
........... 3317 1 Steel pipe and tubes.
334 ........... 1 Secondary smelting and
refining of nonferrous
metals.
........... 3341 1 Secondary smelting and
refining of nonferrous
metals.
335 ........... 1 Rolling, drawing, and
extruding of
nonferrous metals.
........... 3351 1 Rolling, drawing, and
extruding of copper.
........... 3353 a Aluminum sheet, plate,
and foil.
........... 3354 1 Aluminum extruded
products.
336 ........... a Nonferrous foundries
(castings).
........... 3365 a Aluminum foundries.
339 ........... 1 Miscellaneous primary
metal products.
........... 3398 a Metal heat treating.
........... 3399 1 Primary metal products,
not elsewhere
classified.
34........... ........... ........... 1 Fabricated metal
products, except
machinery and
transportation
equipment.
341 ........... 1 Metal cans and shipping
containers.
........... 3411 1 Metal cans.
........... 3412 1 Metal shipping barrels,
drums, kegs, and
pails.
342 ........... 1 Cutlery, handtools, and
general hardware.
........... 3421 3 Cutlery.
........... 3423 a Hand and edge tools,
except machine tools
and handsaws.
........... 3429 a Hardware, not elsewhere
classified.
343 ........... 2 Heating equipment,
except electric and
warm air; and plumbing
fixtures.
........... 3433 2 Heating equipment,
except electric and
warm air furnaces.
344 ........... 2 Fabricated structural
metal products.
........... 3441 1 Fabricated structural
metal.
........... 3442 2 Metal doors, sash,
frames, molding, and
trim.
........... 3443 1 Fabricated plate work
(boiler shops).
........... 3444 2 Sheet metal work.
........... 3446 3 Architectural and
ornamental metal work.
........... 3449 2 Miscellaneous
structural metal work.
345 ........... 1 Screw machine products,
and bolts, nuts,
screws, rivets, and
washers.
........... 3452 1 Bolts, nuts, screws,
rivets, and washers.
346 ........... 1 Metal forgings and
stampings.
........... 3469 1 Metal stampings, not
elsewhere classified.
347 ........... 2 Coating, engraving, and
allied services.
........... 3471 2 Electroplating,
plating, polishing,
anodizing and
coloring.
349 ........... 2 Miscellaneous
fabricated metal
products.
........... 3494 1 Valves and pipe
fittings, not
elsewhere classified.
........... 3495 2 Wire springs.
........... 3496 1 Miscellaneous
fabricated wire
products.
........... 3498 a Fabricated pipe and
pipe fittings.
........... 3499 2 Fabricated metal
products, not
elsewhere classified.
35........... ........... ........... 1 Industrial and
commercial machinery
and computer
equipment.
353 ........... a Construction, mining,
and materials handling
machinery and
equipment.
........... 3535 a Conveyors and conveying
equipment.
354 ........... 1 Metalworking machinery
and equipment.
........... 3541 a Machine tools, metal
cutting types.
........... 3544 1 Special dies and tools,
die sets, jigs and
fixtures, and
industrial molds.
........... 3545 1 Cutting tools, machine
tool accessories, and
machinists' precision
measuring devices.
355 ........... 1 Special industry
machinery, except
metalworking
machinery.
........... 3555 1 Printing trades
machinery and
equipment.
356 ........... 1 General industrial
machinery and
equipment.
........... 3562 a Ball and roller
bearings.
........... 3563 1 Air and gas
compressors.
........... 3564 a Industrial and
commercial fans and
blowers and air
purification
equipment.
........... 3568 1 Mechanical power
transmission
equipment, not
elsewhere classified.
........... 3569 1 General industrial
machinery and
equipment, not
elsewhere classified.
357 ........... 1 Computer and office
equipment.
........... 3571 3 Electronic computers.
........... 3572 1 Computer storage
devices.
........... 3577 1 Computer peripheral
equipment, not
elsewhere classified.
........... 3579 1 Office machines, not
elsewhere classified.
358 ........... 1 Refrigeration and
service industry
machinery.
........... 3585 1 Air-conditioning and
warm air heating
equipment and
commercial and
industrial
refrigeration
equipment.
........... 3589 b Service industry
machinery, not
elsewhere classified.
359 ........... 2 Miscellaneous
industrial and
commercial machinery
and equipment.
........... 3592 2 Carburetors, pistons,
piston rings, and
valves.
........... 3596 a Scales and balances,
except laboratory.
........... 3599 1 Industrial and
commercial machinery
and equipment, not
elsewhere classified.
36........... ........... ........... 1 Electronic and other
electrical equipment
and components, except
computer equipment.
361 ........... 1 Electronic transmission
and distribution
equipment.
........... 3612 1 Power, distribution,
and specialty
transformers.
........... 3613 1 Switchgear and
switchboard apparatus.
362 ........... 1 Electrical industrial
apparatus.
........... 3621 1 Motors and generators.
........... 3624 1 Carbon and graphite
products.
........... 3625 1 Relays and industrial
controls.
........... 3629 1 Electrical industrial
apparatus, not
elsewhere classified.
363 ........... a Household appliances.
........... 3639 a Household appliances,
not elsewhere
classified.
364 ........... 1 Electric lighting and
wiring equipment.
........... 3641 1 Electric lamp bulbs and
tubes.
........... 3643 1 Current-carrying wiring
devices.
........... 3644 1 Noncurrent-carrying
wiring devices.
........... 3645 a Residential electric
lighting fixtures.
........... 3646 2 Commercial, industrial,
and institutional
electric lighting
fixtures.
........... 3648 2 Lighting equipment, not
elsewhere classified.
365 ........... 1 Household audio and
video equipment, and
audio recordings.
........... 3651 1 Household audio and
video equipment.
........... 3652 a Phonograph records and
pre-recorded audio
tapes and disks.
366 ........... 1 Communications
equipment.
........... 3661 1 Telephone and telegraph
apparatus.
........... 3663 1 Radio and television
broadcasting and
communications
equipment.
........... 3669 1 Communications
equipment, not
elsewhere classified.
367 ........... 1 Electronic components
and accessories.
........... 3672 2 Printed circuit boards.
........... 3674 1 Semiconductors and
related devices.
........... 3677 2 Electronic coils,
transformers and other
inductors.
........... 3678 1 Electronic connectors.
........... 3679 1 Electronic components,
not elsewhere
classified.
369 ........... 1 Miscellaneous
electrical machinery,
equipment, and
supplies.
........... 3692 1 Primary batteries, dry
and wet.
........... 3694 1 Electrical equipment
for internal
combustion engines.
37 ......... ........... ........... 1 Transportation
Equipment.
371 ........... 1 Motor vehicles and
motor vehicle
equipment.
........... 3713 1 Truck and bus bodies.
........... 3714 1 Motor vehicle parts and
accessories.
372 ........... 1 Aircraft and parts.
........... 3721 a Aircraft.
........... 3728 1 Aircraft parts and
auxiliary equipment,
not elsewhere
classified.
373 ........... 1 Ship and boat building
and repairing.
........... 3731 a Ship building and
repairing.
........... 3732 2 Boat building and
repairing.
379 ........... a Miscellaneous
transportation
equipment.
........... 3792 a Travel trailers and
campers.
38........... ........... ........... 1 Measuring, analyzing,
and controlling
instruments;
photographic, medical,
and optical goods,
watches and clocks.
381 ........... 1 Search, detection,
navigation, guidance,
aeronautical, and
nautical systems,
instruments, and
equipment.
........... 3812 1 Search, detection,
navigation, guidance,
aeronautical, and
nautical systems,
instruments, and
equipment.
382 ........... 1 Laboratory apparatus
and analytical,
optical, measuring,
and controlling
instrument.
........... 3821 1 Laboratory apparatus
and furniture.
........... 3822 1 Automatic controls for
regulating residential
and commercial
environments and
appliances.
........... 3823 1 Industrial instruments
for measurement,
display, and control
of process variables;
and related products.
........... 3824 a Totalizing fluid meters
and counting devices.
........... 3825 1 Instruments for
measuring and testing
of electricity and
electrical signals.
........... 3829 2 Measuring and
controlling devices,
not elsewhere
classified.
384 ........... 1 Surgical, medical, and
dental instruments and
supplies.
........... 3841 1 Surgical and medical
instruments and
apparatus.
........... 3842 1 Orthopedic, prosthetic,
and surgical
appliances and
supplies.
........... 3843 1 Dental equipment and
supplies.
........... 3844 a X-ray apparatus and
tubes and related
irradiation apparatus.
........... 3845 1 Electromedical and
electrotherapeutic
apparatus.
385 ........... 1 Ophthalmic goods.
........... 3851 1 Ophthalmic goods.
386 ........... a Photographic equipment
and supplies.
........... 3861 a Photographic equipment
and supplies.
387 ........... 1 Watches, clocks,
clockwork operated
devices, and parts.
........... 3873 1 Watches, clocks,
clockwork operated
devices, and parts.
39........... ........... ........... 1 Miscellaneous
manufacturing
industries.
391 ........... 1 Jewelry, silverware,
and plated ware.
........... 3911 1 Jewelry, precious
metal.
........... 3914 a Silverware, plated
ware, and stainless
steel ware.
........... 3915 1 Jewelers' findings and
materials, and
lapidary work.
394 ........... 2 Dolls, toys, games, and
sporting and athletic
goods.
........... 3942 2 Dolls and stuffed toys.
........... 3949 2 Sporting and athletic
goods, not elsewhere
classified.
395 ........... 2 Pens, pencils, and
other artists'
materials.
........... 3951 3 Pens, mechanical
pencils, and parts.
........... 3952 a Lead pencils, crayons,
and artists'
materials.
........... 3953 1 Marking devices.
396 ........... 1 Costume jewelry,
costume novelties,
buttons, and
miscellaneous notions,
except precious metal.
........... 3961 1 Costume jewelry and
costume novelties,
except precious metal.
........... 3965 a Fasteners, buttons,
needles, and pins.
399 ........... 1 Miscellaneous
manufacturing
industries.
........... 3991 a Brooms and brushes.
........... 3993 2 Signs and advertising
specialties.
........... 3995 2 Burial caskets.
........... 3999 2 Manufacturing
industries, not
elsewhere classified.
------------------------------------------------------------------------
a=Category contained less than three employers.
[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 55
FR 39575, Sept. 27, 1990; 57 FR 1103, Jan. 10, 1992]
Appendix B to Part 510--Nonmanufacturing Industries Eligible for Minimum
Wage Phase-In
This appendix contains a listing of all non-manufacturing industries
(except those in major groups 01, 02, 08, and 09, pertaining to
agriculture) for which data were collected and compiled by the
Commonwealth of Puerto Rico for purposes of implementing the 1989
Amendments to FLSA. This listing follows the order and classifications
used in the SIC Manual, 1987, which is incorporated by reference in
these regulations (Sec. 510.21).
The data in this appendix are presented by major industry group
(two-digit classification), industry group number (three-digit
classification), and industry number (four-digit classification).
Tiers will not be listed for industry categories in which there were
fewer than three responding employers, or one responding employer had
more than 80 percent of the employment in the category, in conformance
with practices of the U.S. Bureau of Labor Statistics in collecting and
publishing similar data, until such time as Puerto Rico receives
appropriate waivers of confidentiality from all employers in such
categories. These categories are noted with an ``a'' on the following
table. In situations where one or more employers declined to furnish a
waiver, categories are noted with a ``b'' on the following table.
In addition, no tier will be listed where an industry was not
included in the original survey because it was not in existence, because
the industry was too small to be included, or for other reasons.
Employers who do not find the four-digit classification for their
industry shall refer to the appropriate three-digit classification under
which their establishment falls. If the appropriate three-digit
classification is not listed, employers shall refer to the appropriate
two-digit classification.
For example, no tier is listed for industry number 1423, crushed and
broken granite. However, a tier is listed for industry group 142,
crushed and broken stone, including riprap. Thus, an employer in
industry 1423 must use the tier listed for industry group 142, i.e.,
Tier 1. Furthermore, employers who find the appropriate four-digit
designation in this appendix must use that designation and cannot refer
to a two- or three-digit classification. For example, an employer with
industry number 5719, miscellaneous homefurnishings stores, which has a
Tier 1 designation, cannot refer to industry group number 571, home
furniture and furnishings stores, which has a Tier 2 designation.
Important: In referring to this appendix to determine appropriate
tier designations, please note that certain categories of employees are
subject to treatment under Tier 1 regardless of the average hourly wage
rate for the industry and the tier designation contained herein. These
employees, as listed in the 1989 Amendments, are those employed by:
(a) The United States,
(b) An establishment that is a hotel, motel, or restaurant, or
(c) Any other retail or service establishment that employs such
employee in connection with the preparation or offering of food or
beverages for human consumption, either on the premises, or by such
services as catering, banquet, box lunch, or curb or counter service, to
the public, to employees, or to members or guests of clubs.
Please note that these named categories may not correspond exactly
to categories established by the SIC manual.
If no four-digit, three-digit, or two-digit classification is listed
for an industry, employers in that group must pay the Tier 1 rates.
Nonmanufacturing Industries
------------------------------------------------------------------------
Industry
Major group group Industry Tier Industry
number number
------------------------------------------------------------------------
01........... ........... ........... 3 Agricultural
production--crops.
011 ........... 3 Cash grains.
........... 0119 3 Cash grains, not
elsewhere classified.
013 ........... 3 Field crops, except
cash grains.
........... 0133 3 Sugarcane and sugar
beets.
........... 0139 3 Field crops, except
cash grains, not
elsewhere classified.
016 ........... 3 Vegetables and melons.
........... 0161 3 Vegetables and melons.
017 ........... 3 Fruits and tree nuts.
........... 0174 3 Citrus fruits.
........... 0179 3 Fruits and tree nuts,
not elsewhere
classified.
018 ........... 3 Horticultural
specialties.
........... 0181 3 Ornamental floriculture
and nursery products.
019 ........... 3 General farms,
primarily crop.
........... 0191 3 General farms,
primarily crop.
02........... ........... ........... 3 Agricultural
production--livestock
and animal
specialties.
021 ........... 3 Livestock, except dairy
and poultry.
........... 0211 3 Beef cattle feedlots.
........... 0213 3 Hogs.
024 ........... 3 Dairy farms.
........... 0241 3 Dairy farms.
025 ........... 3 Poultry and eggs.
........... 0251 3 Broiler, fryer, and
roaster chickens.
........... 0252 3 Chicken eggs.
........... 0254 2 Poultry hatcheries.
027 ........... 3 Animal specialties.
........... 0271 3 Fur-bearing animals and
rabbits.
........... 0272 2 Horse and other
equines.
........... 0273 3 Animal aquaculture.
........... 0279 3 Animal specialties, not
else where classified.
07........... ........... ........... 3 Agricultural services.
072 ........... 3 Crop services.
........... 0723 3 Crop preparation
services for market,
except cotton ginning.
074 ........... 2 Veterinary services.
075 ........... a Animal services except
veterinary.
........... 0751 a Livestock services,
except veterinary.
078 ........... 3 Landscape and
horticultural
services.
14........... ........... ........... 1 Mining and quarrying of
nonmetallic minerals,
except fuels.
........... 1422 2 Crushed and broken
limestone.
........... 1429 1 Crushed and broken
stone, not elsewhere
classified.
144 ........... 1 Sand and gravel.
........... 1442 1 Construction sand and
gravel.
15........... ........... ........... 1 Building construction-
general contractors
and operative
builders.
152 ........... 1 General building
contractors-
residential buildings.
154 ........... 1 General building
contractors-
nonresidential
buildings.
16........... ........... ........... 1 Heavy construction
other than building
construction-
contractors.
161 ........... 1 Highway and street
construction, except
elevated highways.
........... 1611 1 Highway and street
construction, except
elevated highways.
162 ........... 1 Heavy construction,
except highway and
street construction.
........... 1622 1 Bridge, tunnel, and
elevated highway
construction.
........... 1623 1 Water, sewer, pipeline,
and communications and
power line
construction.
........... 1629 a Heavy construction, not
elsewhere classified.
17........... ........... ........... 1 Construction-special
trade contractors.
171 ........... 1 Plumbing, heating and
air-conditioning.
........... 1711 1 Plumbing, heating and
air-conditioning.
172 ........... 2 Painting and paper
hanging.
........... 1721 2 Painting and paper
hanging.
173 ........... 1 Electrical work.
........... 1731 1 Electrical work.
174 ........... 1 Masonry, stonework,
tile setting, and
plastering.
........... 1741 1 Masonry, stone setting,
and other stone work.
........... 1742 1 Plastering, drywall,
acoustical, and
insulation work.
........... 1743 1 Terrazzo, tile, marble,
and mosaic work.
175 ........... a Carpentry and floor
work.
........... 1751 a Carpentry work.
176 ........... 2 Roofing, siding, and
sheet metal work.
........... 1761 2 Roofing, siding, and
sheet metal work.
179 ........... 1 Miscellaneous special
trade contractors.
........... 1791 1 Structural steel
erection.
........... 1793 2 Glass and glazing work.
........... 1794 a Excavation work.
........... 1795 a Wrecking and demolition
work.
........... 1796 1 Installation or
erection of building
equipment, not
elsewhere classified.
........... 1799 1 Special trade
contractors, not
elsewhere classified.
41........... ........... ........... 3 Local and suburban
transit and interurban
highway passenger
transportation.
411 ........... 2 Local and suburban
passenger
transportation.
........... 4111 2 Local and suburban
transit.
412 ........... 3 Taxicabs.
........... 4121 3 Taxicabs.
413 ........... 3 Intercity and rural bus
transportation.
........... 4131 3 Intercity and rural bus
transportation.
415 ........... a School buses.
........... 4151 a School buses.
42........... ........... ........... 1 Motor freight
transportation and
warehousing.
421 ........... 1 Trucking and courier
services, except air.
422 ........... 1 Public warehousing and
storage.
........... 4221 1 Farm product
warehousing and
storage.
........... 4222 a Refrigerated
warehousing and
storage.
........... 4225 1 General warehousing and
storage.
........... 4226 1 Special warehousing and
storage, not elsewhere
classified.
44........... ........... ........... 1 Water transportation.
442 ........... a Deep sea domestic
transportation of
freight.
........... 4424 a Deep sea domestic
transportation of
freight.
444 ........... 1 Water transportation of
freight, not elsewhere
classified.
........... 4449 1 Water transportation of
freight, not elsewhere
classified.
449 ........... 1 Services incidental to
water transportation.
........... 4491 1 Marine cargo handling.
........... 4492 a Towing and tugboat
services.
........... 4499 1 Water transportation
services, not
elsewhere classified.
45........... ........... ........... 1 Transportation by air.
451 ........... 1 Air transportation,
scheduled, and air
courier services.
........... 4512 1 Air transportation,
scheduled.
452 ........... a Air transportation,
nonscheduled.
........... 4522 a Air transportation,
nonscheduled.
458 ........... a Airports, flying
fields, and airport
terminal services.
........... 4581 a Airports, flying
fields, and airport
terminal services.
46........... ........... ........... a Pipelines, except
natural gas.
461 ........... 1 Pipelines, except
natural gas.
........... 4613 1 Refined petroleum
pipelines.
47........... ........... ........... 1 Transportation
services.
472 ........... 1 Arrangement of
passenger
transportation.
........... 4729 1 Arrangement of
passenger
transportation, not
elsewhere classified.
473 ........... 1 Arrangement of
transportation of
freight and cargo.
........... 4731 1 Arrangement of
transportation of
freight and cargo.
478 ........... 1 Miscellaneous services
incidental to
transportation.
........... 4785 1 Fixed facilities and
inspection and
weighing services for
motor vehicle
transportation.
48........... ........... ........... 1 Communications.
482 ........... b Telegraph and other
message
communications.
........... 4822 b Telegraph and other
message
communications.
483 ........... 1 Radio and television
broadcasting stations.
........... 4832 1 Radio broadcasting
stations.
........... 4833 1 Television broadcasting
stations.
489 ........... 3 Communications
services, not
elsewhere classified.
........... 4899 3 Communications
services, not
elsewhere classified.
49........... ........... ........... 1 Electric, gas and
sanitary services.
492 ........... 1 Gas production and
distribution.
........... 4923 1 Natural gas
transmission and
distribution.
........... 4925 1 Mixed, manufactured, or
liquefied petroleum
gas production and/or
distribution.
495 ........... 1 Sanitary services.
........... 4953 1 Refuse systems.
497 ........... a Irrigation systems.
........... 4971 a Irrigation systems.
50........... ........... ........... 1 Wholesale trade-durable
goods.
501 ........... 1 Motor vehicles and
motor vehicle parts
and supplies.
........... 5012 a Automobiles and other
motor vehicles.
........... 5013 1 Motor vehicle supplies
and new parts.
........... 5014 1 Tires and tubes.
502 ........... 1 Furniture and
homefurnishings.
........... 5021 2 Furniture.
........... 5023 1 Homefurnishings.
503 ........... 2 Lumber and other
construction
materials.
........... 5031 2 Lumber, plywood,
millwork, and wood
panels.
........... 5039 1 Construction materials,
not elsewhere
classified.
504 ........... 1 Professional and
commercial equipment
and supplies.
........... 5043 1 Photographic equipment
and supplies.
........... 5046 1 Commercial equipment,
not elsewhere
classified.
........... 5049 1 Professional equipment
and supplies, not
elsewhere classified.
505 ........... 1 Metals and minerals,
except petroleum.
........... 5051 1 Metals service centers
and offices.
506 ........... 1 Electrical goods.
........... 5063 1 Electrical apparatus
and equipment, wiring
supplies and
construction
materials.
........... 5064 1 Electrical appliances,
television and radio
sets.
........... 5065 1 Electronic parts and
equipment, not
elsewhere classified.
507 ........... 1 Hardware, and plumbing
and heating equipment
and supplies.
........... 5072 1 Hardware.
........... 5074 1 Plumbing and heating
equipment and supplies
(hydronics).
........... 5075 a Warm air heating and
air-conditioning
equipment and
supplies.
........... 5078 a Refrigeration equipment
and supplies.
508 ........... 1 Machinery, equipment,
and supplies.
........... 5082 1 Construction and mining
(except petroleum)
machinery and
equipment.
........... 5083 a Farm and garden
machinery and
equipment.
........... 5084 1 Industrial machinery
and equipment.
........... 5085 1 Industrial supplies.
........... 5087 2 Service establishment
equipment and
supplies.
509 ........... 1 Miscellaneous durable
goods.
........... 5091 a Sporting and
recreational goods and
supplies.
........... 5092 1 Toys and hobby goods
and supplies.
........... 5093 1 Scrap and waste
materials.
........... 5094 1 Jewelry, watches,
precious stones, and
precious metals.
........... 5099 1 Durable goods, not
elsewhere classified.
51........... ........... ........... 1 Wholesale trade--
nondurable goods.
511 ........... 1 Paper and paper
products.
........... 5111 1 Printing and writing
paper.
........... 5112 3 Stationery and office
supplies.
........... 5113 1 Industrial and personal
service paper.
512 ........... 1 Drugs, drug
proprietaries, and
druggists' sundries.
........... 5122 1 Drugs, drug
proprietaries, and
druggists' sundries.
513 ........... 2 Apparel, piece goods,
and notions.
........... 5131 2 Piece goods, notions,
and other dry goods.
........... 5136 1 Men's and boys'
clothing and
furnishings.
........... 5137 3 Women's, children's,
and infants' clothing
and accessories.
........... 5139 2 Footwear.
514 ........... 1 Groceries and related
products.
........... 5141 1 Groceries, general
line.
........... 5142 1 Packaged frozen foods.
........... 5143 a Dairy products, except
dried or canned.
........... 5144 3 Poultry and poultry
products.
........... 5145 a Confectionery.
........... 5146 a Fish and seafoods.
........... 5147 a Meats and meat
products.
........... 5148 1 Fresh fruits and
vegetables.
........... 5149 1 Groceries and related
products, not
elsewhere classified.
515 ........... a Farm-product raw
materials.
........... 5154 a Livestock.
516 ........... 1 Chemicals and allied
products.
........... 5169 1 Chemicals and allied
products, not
elsewhere classified.
517 ........... 1 Petroleum and petroleum
products.
........... 5171 1 Petroleum bulk stations
and terminals.
........... 5172 1 Petroleum and petroleum
products wholesalers,
except bulk stations
and terminals.
518 ........... 1 Beer, wine and
distilled alcoholic
beverages.
........... 5181 1 Beer and ale.
519 ........... 1 Miscellaneous
nondurable goods.
........... 5191 3 Farm supplies.
........... 5194 3 Tobacco and tobacco
products.
........... 5198 b Paints, varnishes, and
supplies.
........... 5199 1 Nondurable goods, not
elsewhere classified.
52........... ........... ........... 2 Building materials,
hardware, garden
supply, and mobile
home dealers.
521 ........... 3 Lumber and other
building materials
dealers.
........... 5211 3 Lumber and other
building materials
dealers.
523 ........... 1 Paint, glass, and
wallpaper stores.
........... 5231 1 Paint, glass, and
wallpaper stores.
525 ........... 2 Hardware stores.
........... 5251 2 Hardware stores.
526 ........... 3 Retail nurseries, lawn
and garden supply
stores.
........... 5261 3 Retail nurseries, lawn
and garden supply
stores.
53........... ........... ........... 1 General merchandise
stores.
531 ........... 1 Department stores.
........... 5311 1 Department stores.
533 ........... 2 Variety stores.
........... 5331 2 Variety stores.
539 ........... 3 Miscellaneous general
merchandise stores.
........... 5399 3 Miscellaneous general
merchandise stores.
54........... ........... ........... 2 Food stores.
541 ........... 2 Grocery stores.
........... 5411 2 Grocery stores.
542 ........... 1 Meat and fish (seafood)
markets, including
freezer provisioners.
........... 5421 1 Meat and fish (seafood)
markets, including
freezer provisioners.
........... 5421 a Meat and fish (seafood)
markets, including
freezer provisioners.
543 ........... 3 Fruit and vegetable
markets.
........... 5431 3 Fruit and vegetable
markets.
546 ........... 3 Retail bakeries.
........... 5461 3 Retail bakeries.
549 ........... 3 Miscellaneous food
stores.
........... 5499 3 Miscellaneous food
stores.
55........... ........... ........... 1 Automotive dealers and
gasoline service
