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Title 29Subtitle BChapter VSubchapter A → Part 510


Title 29: Labor


PART 510—IMPLEMENTATION OF THE MINIMUM WAGE PROVISIONS OF THE 1989 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT IN PUERTO RICO


Contents

Subpart A—General

§510.1   Summary.
§510.2   Purpose and scope of regulations.
§510.3   Definitions.

Subpart B—Schedule of Minimum Wage Rates Applicable in Puerto Rico

§510.10   Table of wage rates and effective dates.

Subpart C—Classification of Industries

§510.20   Wage surveys in Puerto Rico.
§510.21   SIC codes.
§510.22   Industries eligible for minimum wage phase-in.
§510.23   Agricultural activities eligible for minimum wage phase-in.
§510.24   Governmental entities eligible for minimum wage phase-in.
§510.25   Traditional functions of government.
Appendix A to Part 510—Manufacturing Industries Eligible for Minimum Wage Phase-In
Appendix B to Part 510—Nonmanufacturing Industries Eligible for Minimum Wage Phase-In
Appendix C to Part 510—Government Corporations Eligible for Minimum Wage Phase-In
Appendix D to Part 510—Municipalities Eligible for Minimum Wage Phase-In

Authority: Sec. 4, Pub. L. 101-157, 103 Stat. 938; 29 U.S.C. 201 et seq.

Source: 55 FR 12120, Mar. 30, 1990, unless otherwise noted.

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Subpart A—General

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§510.1   Summary.

(a) The Fair Labor Standards Amendments of 1989 (Pub. L. 101-157) were enacted into law on November 17, 1989. Among other provisions, these amendments to the Fair Labor Standards Act (FLSA) increased the minimum wage in section 6(a)(1) of the Act to $3.80 an hour effective April 1, 1990, and to $4.25 an hour effective April 1, 1991. With respect to certain industries and governmental entities in the Commonwealth of Puerto Rico, the Amendments provided that these increases would be phased in over extended periods of time.

(b) Section 6(c) of the FLSA provides for four separate categories or tiers for implementing the minimum wage rate increases in Puerto Rico.

(1) For Tier 1, which includes employees of the United States, employees of hotels, motels, or restaurants, retail or service establishments that employ such employees primarily in connection with the preparation or offering of food or beverages for human consumption, and industries in which the average hourly wage is greater than $4.64, there shall be no phase-in. The wage rates and effective dates shall be those specified in section 6(a)(1) of FLSA, i.e., $3.80 per hour beginning April 1, 1990 and $4.25 per hour beginning April 1, 1991.

(2) For Tier 2, which includes industries in which the average hourly wage is not less than $4.00 but not more than $4.64, the increases in the minimum wage rates shall be phased-in in five annual increments (rounded to the nearest 5 cents) beginning April 1, 1990, and ending April 1, 1994.

(3) For Tier 3, which includes industries in which the average hourly wage is less than $4.00, the increases in the minimum wage shall be phased-in in six annual increments (rounded to the nearest 5 cents) beginning April 1, 1990, and ending April 1, 1995.

(4) For Tier 4, which includes certain employees of the Commonwealth of Puerto Rico, municipalities, and other governmental entities of the Commonwealth in which the average hourly wage is less than $4.00, the increases shall be phased-in in seven annual increments (rounded to the nearest 5 cents) beginning April 1, 1990 and ending April 1, 1996.

(c) The Amendments also eliminated reference to Puerto Rico in those sections of FLSA relating to the establishment and conduct of special industry committees which recommend minimum wage rates in certain territories. These sections now apply only to American Samoa. (Industry committee regulations pertaining to American Samoa are found in 29 CFR parts 511 and 697).

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§510.2   Purpose and scope of regulations.

(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.

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§510.3   Definitions.

(a) Act or FLSA means the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.).

(b) Amendments or 1989 Amendments means the Fair Labor Standards Amendments of 1989 (Pub. L. 101-157).

(c) Secretary means the Secretary of Labor, or a duly authorized representative of the Secretary.

(d) Administrator means the Administrator of the Wage and Hour Division of the Employment Standards Administration, U.S. Department of Labor, or a duly authorized representative of the Administrator.

(e) Department means the U.S. Department of Labor.

(f) Tier means one of the four categories established for an extended phase-in of the statutory increases in the minimum wage under section 6(c) of the Act as amended.

(g) Standard Industrial Classification (SIC) refers to the classifications established in the Standard Industrial Classification Manual, 1987, published by the Office of Management and Budget, Executive Office of the President.

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Subpart B—Schedule of Minimum Wage Rates Applicable in Puerto Rico

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§510.10   Table of wage rates and effective dates.

(a) The following table provides effective dates of minimum wage increases for the four statutory tiers. Appendices A and B to these regulations contain listings of manufacturing and non-manufacturing industries in Puerto Rico by SIC code, and indicate which tier is applicable. Appendices C and D contain listings of government corporations and municipalities and indicate which tier is applicable.

Effective Dates

Tier4/1/904/1/914/1/924/1/934/1/944/1/954/1/96
One$3.80$4.25$4.25$4.25$4.25$4.25$4.25
Two3.553.703.904.054.254.254.25
Three3.503.653.803.954.104.254.25
Four3.503.603.753.854.004.104.25

(b) Tier 1 applies to employees of the United States, employees of hotels, motels, or restaurants, retail or service establishments that employ such employees primarily in connection with the preparation or offering of food or beverages for human consumption, and industries in which the average hourly wage is greater than $4.64.

(c) Tier 2 applies to industries in which the average hourly wage is not less than $4.00 but not more than $4.64.

(d) Tier 3 applies to industries in which the average hourly wage is less than $4.00.

(e) Tier 4 applies to certain employees of the Commonwealth of Puerto Rico, municipalities, and other governmental entities of the Commonwealth in which the average hourly wage is less than $4.00.

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Subpart C—Classification of Industries

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§510.20   Wage surveys in Puerto Rico.

(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]

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§510.21   SIC codes.

(a) The Conference Report specifically cites Puerto Rico's annual Census of Manufacturing Industries as a source of average hourly wage data by industry. Industries in that census are organized by Standard Industrial Classification (SIC), the statistical classification system used for a variety of governmental and statistical purposes. With respect to non-manufacturing industries, or other industries not included in the Census of Manufacturing, the Conference Report stated that data “should be at a level of specificity comparable to the four digit Standard Industry Code (SIC) code level.”

(b) The Standard Industrial Classification (SIC) codes listed in appendix A and B herein are designated in accordance with the Standard Industrial Classification (SIC) Manual, 1987, published by the Executive Office of the President, Office of Management and Budget. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. Copies may be inspected at all federal depository libraries in the Commonwealth of Puerto Rico; at the district office of the Wage and Hour Division, U.S. Department of Labor, New San Juan Office Building, 159 Chardon St., room 102, Hato Rey, PR 00918; at the Commonwealth of Puerto Rico Department of Labor and Human Resources, Prudencio Rivera Building, Munoz Rivera Avenue 505, Mato Rey, PR 00918; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html. Establishments are classified according to their primary activity. The classification structure classifies industries by:

(1) Two-digit major group,

(2) Three digit industry group, or

(3) Four-digit industry code, according to the level of industrial detail which may be required.

Each operating establishment is assigned an industry code on the basis of its primary activity, which is determined by its principal product or group of products produced or distributed, or services rendered.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 69 FR 18803, Apr. 9, 2004]

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§510.22   Industries eligible for minimum wage phase-in.

(a) Appendix A contains a listing of all industries included in the Census of Manufacturing. Appendix B contains a listing of non-manufacturing industries. These listing are organized by SIC numbers, presented by:

(1) Major group (two-digit classification),

(2) Industry group (three-digit classification), and (3) industry (four-digit classification). In each instance the phase-in tier which applies to that industry or group is indicated.

(b) Employers are required to utilize the most detailed classification which applies to their industry. Where an employer's four-digit SIC code is listed, the tier applicable to that code determines the minimum wage phase-in schedule for that employer. (See §510.10, above).

(c) Where an industry is not listed by four-digit SIC code, employers shall utilize the three-digit which applies to their industry. If a three-digit code is not listed, employers shall use the applicable two-digit code.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]

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§510.23   Agricultural activities eligible for minimum wage phase-in.

Agriculture activities eligible for an extended phase-in of the minimum wage in Major groups 01, 02, and 07 have been incorporated into Appendix B—Nonmanufacturing Industries Eligible for Minimum Wage Phase-In. Applicable wage rates are effective retroactive to April 1, 1990. Employers in the sugarcane farming industry (SIC Number 0133) who are subject to Tier 3 wage rates but who have paid wage rates based on Tier 2 wage rates may not take any action to recoup such payments where those actions would have the effect of reducing the wage rate being paid at the time of such recoupment to below that required under Tier 3.

[55 FR 53247, Dec. 27, 1990]

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§510.24   Governmental entities eligible for minimum wage phase-in.

(a) The Commonwealth government of Puerto Rico has been determined to be eligible for treatment under Tier 2, on the basis of wage data supplied to the Department.

(b) Appendix C of this part contains a listing of Commonwealth government corporations, indicating the phase-in tier which applies. Entities which do not appear on the list are those for which no wage data were supplied. These entities are therefore categorized under Tier 1, and are ineligible for an extended phase-in.

(c) Appendix D of the part contains a listing of municipalities, indicating the phase-in tier which applies. Municipalities categorized under Tier 1 are those which failed to supply wage data.

(d) Employees of municipalities who have reason to believe that the municipality by which they are employed has been incorrectly categorized, e.g., categorized under Tier 3 instead of Tier 2, may no later than June 1, 1990, file with the Administrator a petition for review. The petition shall be accompanied by any information the employee may have to support a determination that the municipality is incorrectly categorized. In the event the Administrator determines that a tier other than that listed in appendix D of this part applies, the affected municipality shall be liable for retroactive payment of any back wages found to be due.

(e) Certain employees of municipalities or government corporations in which the average wage is less than $4.00 per hour are eligible to be paid under Tier 4, rather than Tier 3. Tier 4 applies only to those employees employed by municipalities or government corporations who are principally engaged in one or more of the “traditional” functions listed in §510.24 (a) or (b). All other employees of such entities must be paid in accordance with Tier 3.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]

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§510.25   Traditional functions of government.

(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.

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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 (§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

Major groupIndustry group numberIndustry numberTierIndustry
201Food and kindred products.
   2012Meat products.
   20112Meat packing plants.
   20131Sausages and other prepared meat products.
   20152Poultry slaughtering and processing.
   2021Dairy products.
   2022aNatural, processed, and imitation cheese.
   20231Dry, condensed, and evaporated dairy products.
   20241Ice cream and frozen desserts.
   20261Fluid milk.
   2032Canned, frozen, and preserved fruits, vegetables, and food specialties.
   2032aCanned specialties.
   20331Canned fruits, vegetables, preserves, jams, and jellies.
   20353Pickled fruits and vegetables, vegetable sauces and seasonings, and salad dressings.
   20372Frozen fruits, fruit juices, and vegetables.
   20383Frozen specialties, not elsewhere classified.
   2041Grain mill products.
   2041aFlour and other grain mill products.
   2043aCereal breakfast foods.
   20441Rice milling.
   20451Prepared flour mixes and doughs.
   20461Wet corn milling.
   20481Prepared feeds and feed ingredients for animals and fowls, except dogs and cats.
   2051Bakery products.
   20511Bread and other bakery products, except cookies and crackers.
   20521Cookies and crackers.
   2053aFrozen bakery products, except bread.
   2061Sugar and confectionery products.
   20611Cane sugar, except refining.
   2062aCane sugar refining.
   20641Candy and other confectionery products.
   20663Chocolate and cocoa products.
   2067aChewing gum.
   2081Beverages.
   20821Malt beverages.
   20843Wines, brandy, and brandy spirits.
   20851Distilled and blended liquors.
   20861Bottled and canned soft drinks and carbonated waters.
   20871Flavoring extracts and flavoring syrups, not elsewhere classified.
   2091Miscellaneous food preparations and kindred products.
   20911Canned and cured fish and seafoods.
   20952Roasted coffee.
   20961Potato chips, corn chips, and similar snacks.
   20973Manufactured ice.
   2098aMacaroni, spaghetti, vermicelli, and noodles.
   20992Food preparations, not elsewhere classified.
211Tobacco products.
   211aCigarettes.
   2111aCigarettes.
   2121Cigars.
   21211Cigars.
   2131Chewing and smoking tobacco and snuff.
   21311Chewing and smoking tobacco and snuff.
   214aTobacco stemming and redrying.
   2141aTobacco stemming and redrying.
221Textile mill products.
   2211Broadwoven fabric mills, cotton.
   22111Broadwoven fabric mills, cotton.
   2241Narrow fabric and other smallwares mills: cotton, wool, silk, and manmade fiber.
   22411Narrow fabric and other smallwares mills: cotton, wool, silk, and manmade fiber.
   2252Knitting mills.
   22511Women's full-length and knee-length hosiery, except socks.
   22532Knit outerwear mills.
   22543Knit underwear and nightwear mills.
   2261Dyeing and finishing textiles, except wool fabrics and knit goods.
   22613Finishers of broadwoven fabrics of cotton.
   22621Finishers of broadwoven fabrics of manmade fiber and silk.
   2271Carpets and rugs.
   22731Carpets and rugs.
   2283Yarn and thread mills.
   22813Yarn spinning mills.
232Apparel and other finished products made from fabrics and similar materials.
   2313Men's and boys' suits, coats, and overcoats.
   23113Men's and boys' suits, coats, and overcoats.
   2322Men's and boys' furnishings, work clothing, and allied garments.
   23212Men's and boys' shirts except work shirts.
   23221Men's and boys' underwear and nightwear.
   23232Men's and boys' neckwear.
   23252Men's and boys' separate trousers and slacks.
   23263Men's and boys' work clothing.
   23293Men's and boys' clothing, not elsewhere classified.
   2333Women's, misses', and juniors' outerwear.
   23313Women's, misses', and juniors' blouses and shirts.
   23353Women's, misses', and juniors dresses.
   23373Women's, misses, and juniors' suits, skirts, and coats.
   23392Women's, misses', and juniors' outerwear, not elsewhere classified.
   2342Women's, misses', children's, and infants' undergarments.
   23412Women's, misses', children's, and infants' underwear and nightwear.
   23422Brassieres, girdles, and allied garments.
   2353Hats, caps, and millinery
   23533Hats, caps, and millinery
   2363Girls', children's, and infants' outerwear.
   23613Girls', children's, and infants' dresses, blouses, and shirts.
   23693Girls', children's, and infants' outerwear, not elsewhere classified.
   2383Miscellaneous apparel and accessories.
   23853Waterproof outerwear.
   23873Apparel belts.
   23893Apparel and accessories, not elsewhere classified.
   2393Miscellaneous fabricated textile products.
   23912Curtains and draperies.
   23923Housefurnishings, except curtains and draperies.
   23933Textile bags.
   23952Pleating, decorative and novelty stitching, and tucking for the trade.
   23962Automotive trimmings, apparel findings, and related products.
   23993Fabricated textile products, not elsewhere classified.
242Lumber and wood products, except furniture.
   2423Sawmills and planing mills.
   24213Sawmills and planing mills, general.
   2432Millwork, veneer, plywood, and structural wood members.
   24312Millwork.
   24342Wood kitchen cabinets.
   2435aHardwood veneer and plywood.
   2443Wood containers.
   24483Wood pallets and skids.
   2453Wood buildings and mobile homes.
   24513Mobile homes.
   2492Miscellaneous wood products.
   24912Wood preserving.
   24992Wood products, not elsewhere classified.
252Furniture and fixtures.
   2513Household furniture.
   25113Wood household furniture, except upholstered.
   25123Wood household furniture, upholstered.
   25143Metal household furniture.
   25152Mattresses, foundations, and convertible beds.
   25173Wood television, radio, phonograph, and sewing machine cabinets.
   25193Household furniture, not elsewhere classified.
   2522Office furniture.
   2521aWood office furniture.
   25222Office furniture, except wood.
   2533Public building and related furniture.
   25313Public building and related furniture.
   2541Partitions, shelving, lockers, and office and store fixtures.
   25412Wood office and store fixtures, partitions, shelving, and lockers.
   25421Office and store fixtures, partitions, shelving, and lockers, except wood.
   2592Miscellaneous furniture and fixtures.
   25913Drapery hardware and window blinds and shades.
   2599aFurniture and fixtures, not elsewhere classified.
261Paper and allied products.
   2611Pulp mills.
   26111Pulp mills.
   2622Paper mills.
   26212Paper mills.
   263aPaperboard mills.
   2631aPaperboard mills.
   2651Paperboard containers and boxes.
   26521Setup paperboard boxes.
   26531Corrugated and solid fiber boxes.
   26551Fiber cans, tubes, drums, and similar products.
   26571Folding paperboard boxes, including sanitary.
   2671Converted paper and paperboard products, except containers and boxes.
   26712Packaging paper and plastics film, coated and laminated.
   2672aCoated and laminated paper, not elsewhere classified.
   26732Plastics, foil, and coated paper bags.
   26741Uncoated paper and multiwall bags.
   26761Sanitary paper products.
   26771Envelopes.
   26783Stationery, tablets, and related products.
   2679aConverted paper and paperboard products, not elsewhere classified.
271Printing, publishing, and allied industries.
   2711Newspapers: publishing, or publishing and printing.
   27111Newspapers: publishing, or publishing and printing.
   273aBooks.
   2731aBooks: publishing, or publishing and printing.
   27323Book printing.
   2741Miscellaneous publishing.
   27411Miscellaneous publishing.
   2751Commercial printing.
   27521Commercial printing, lithographic.
   27541Commercial printing, gravure.
   27591Commercial printing, not elsewhere classified.
   2761Manifold business forms.
   27611Manifold business forms.
   2781Blankbooks, looseleaf binders, and bookbinding and related work.
   27821Blankbooks, looseleaf binders and devices.
   2791Service industries for the printing trade.
   27961Platemaking and related services.
281Chemicals and allied products.
   2811Industrial inorganic chemicals.
   28131Industrial gases.
   28191Industrial inorganic chemicals, not elsewhere classified.
   2821Plastics materials and synthetic resins, synthetic rubber, cellulosic and other manmade fibers, except glass.
   2821aPlastics materials, synthetic resins, and nonvulcanizable elastomers.
   28222Synthetic rubber (vulcanizable elastomers).
   2831Drugs.
   28331Medicinal chemicals and botanical products.
   28341Pharmaceutical preparations.
   28351In vitro and in vivo diagnostic substances.
   28361Biological products, except diagnostic substances.
   2841Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations.
   28411Soap and other detergents, except specialty cleaners.
   28421Specialty cleaning, polishing, and sanitation preparations.
   28441Perfumes, cosmetics, and other toilet preparations.
   2851Paints, varnishes, lacquers, enamels, and allied products.
   28511Paints, varnishes, lacquers, enamels, and allied products.
   2861Industrial organic chemicals.
   28651Cyclic organic crudes and intermediates, and organic dyes and pigments.
   2869aIndustrial organic chemicals, not elsewhere classified.
   2871Agricultural chemicals.
   28731Nitrogenous fertilizers.
   28791Pesticides and agricultural chemicals, not elsewhere classified.
   2891Miscellaneous chemical products.
   28911Adhesives and sealants.
   28991Chemicals and chemical preparations, not elsewhere classified.
291Petroleum refining and related industries.
   2911Petroleum refining.
   29111Petroleum refining.
   2951Asphalt paving and roofing materials.
   29511Asphalt paving mixtures and blocks.
   29521Asphalt felts and coatings.
   299aMiscellaneous products of petroleum and coal.
   2992aLubricating oils and greases.
301Rubber and miscellaneous plastics products.
   3021Rubber and plastics footwear.
   30211Rubber and plastics footwear.
   3052Gaskets, packing, and sealing devices and rubber and plastics hose and belting.
   30522Rubber and plastics hose and belting.
   3062Fabricated rubber products, not elsewhere classified.
   30692Fabricated rubber products, not elsewhere classified.
   3081Miscellaneous plastics products.
   3081aUnsupported plastics film and sheet.
   30823Unsupported plastics profile shapes.
   30831Laminated plastics plate, sheet, and profile shapes.
   3084aPlastics pipe.
   30851Plastics bottles.
   30862Plastics foam products.
   30873Custom compounding of purchased plastics resin.
   30881Plastics plumbing fixtures.
   30891Plastics products, not elsewhere classified.
312Leather and leather products.
   3132Boot and shoe cut stock and findings.
   31312Boot and shoe cut stock and findings.
   3142Footwear, except rubber.
   3142bHouse slippers.
   31432Men's footwear, except athletic.
   31441Women's footwear, except athletic.
   31492Footwear, except rubber, not elsewhere classified.
   3153Leather gloves and mittens.
   31513Leather gloves and mittens.
   3163Luggage.
   31613Luggage.
   3172Handbags and other personal leather goods.
   31713Women's handbags and purses.
   31721Personal leather goods, except women's handbags and purses.
321Stone, clay, glass, and concrete products.
   3212Flat glass.
   32112Flat glass.
   3221Glass and glassware, pressed or blown.
   32211Glass containers.
   3231Glass products, made of purchased glass.
   32311Glass products, made of purchased glass.
   3241Cement, hydraulic.
   32411Cement, hydraulic.
   3263Pottery and related products.
   32613Vitreous china plumbing fixtures and china and earthenware fittings and bathroom accessories.
   32693Pottery products, not elsewhere classified.
   3271Concrete, gypsum, and plaster products.
   32712Concrete block and brick.
   32721Concrete products, except block and brick.
   32731Ready-mixed concrete.
   32741Lime.
   3275aGypsum products.
   3281Cut stone and stone products.
   32811Cut stone and stone products.
   3291Abrasive, asbestos, and miscellaneous nonmetallic mineral products.
   3295aMinerals and earths, ground or otherwise treated.
   32961Mineral wool.
331Primary metal industries.
   3311Steel works, blast furnaces, and rolling and finishing mills.
   33121Steel works, blast furnaces (including coke ovens), and rolling mills.
   33171Steel pipe and tubes.
   3341Secondary smelting and refining of nonferrous metals.
   33411Secondary smelting and refining of nonferrous metals.
   3351Rolling, drawing, and extruding of nonferrous metals.
   33511Rolling, drawing, and extruding of copper.
   3353aAluminum sheet, plate, and foil.
   33541Aluminum extruded products.
   336aNonferrous foundries (castings).
   3365aAluminum foundries.
   3391Miscellaneous primary metal products.
   3398aMetal heat treating.
   33991Primary metal products, not elsewhere classified.
341Fabricated metal products, except machinery and transportation equipment.
   3411Metal cans and shipping containers.
   34111Metal cans.
   34121Metal shipping barrels, drums, kegs, and pails.
   3421Cutlery, handtools, and general hardware.
   34213Cutlery.
   3423aHand and edge tools, except machine tools and handsaws.
   3429aHardware, not elsewhere classified.
   3432Heating equipment, except electric and warm air; and plumbing fixtures.
   34332Heating equipment, except electric and warm air furnaces.
   3442Fabricated structural metal products.
   34411Fabricated structural metal.
   34422Metal doors, sash, frames, molding, and trim.
   34431Fabricated plate work (boiler shops).
   34442Sheet metal work.
   34463Architectural and ornamental metal work.
   34492Miscellaneous structural metal work.
   3451Screw machine products, and bolts, nuts, screws, rivets, and washers.
   34521Bolts, nuts, screws, rivets, and washers.
   3461Metal forgings and stampings.
   34691Metal stampings, not elsewhere classified.
   3472Coating, engraving, and allied services.
   34712Electroplating, plating, polishing, anodizing and coloring.
   3492Miscellaneous fabricated metal products.
   34941Valves and pipe fittings, not elsewhere classified.
   34952Wire springs.
   34961Miscellaneous fabricated wire products.
   3498aFabricated pipe and pipe fittings.
   34992Fabricated metal products, not elsewhere classified.
351Industrial and commercial machinery and computer equipment.
   353aConstruction, mining, and materials handling machinery and equipment.
   3535aConveyors and conveying equipment.
   3541Metalworking machinery and equipment.
   3541aMachine tools, metal cutting types.
   35441Special dies and tools, die sets, jigs and fixtures, and industrial molds.
   35451Cutting tools, machine tool accessories, and machinists' precision measuring devices.
   3551Special industry machinery, except metalworking machinery.
   35551Printing trades machinery and equipment.
   3561General industrial machinery and equipment.
   3562aBall and roller bearings.
   35631Air and gas compressors.
   3564aIndustrial and commercial fans and blowers and air purification equipment.
   35681Mechanical power transmission equipment, not elsewhere classified.
   35691General industrial machinery and equipment, not elsewhere classified.
   3571Computer and office equipment.
   35713Electronic computers.
   35721Computer storage devices.
   35771Computer peripheral equipment, not elsewhere classified.
   35791Office machines, not elsewhere classified.
   3581Refrigeration and service industry machinery.
   35851Air-conditioning and warm air heating equipment and commercial and industrial refrigeration equipment.
   3589bService industry machinery, not elsewhere classified.
   3592Miscellaneous industrial and commercial machinery and equipment.
   35922Carburetors, pistons, piston rings, and valves.
   3596aScales and balances, except laboratory.
   35991Industrial and commercial machinery and equipment, not elsewhere classified.
361Electronic and other electrical equipment and components, except computer equipment.
   3611Electronic transmission and distribution equipment.
   36121Power, distribution, and specialty transformers.
   36131Switchgear and switchboard apparatus.
   3621Electrical industrial apparatus.
   36211Motors and generators.
   36241Carbon and graphite products.
   36251Relays and industrial controls.
   36291Electrical industrial apparatus, not elsewhere classified.
   363aHousehold appliances.
   3639aHousehold appliances, not elsewhere classified.
   3641Electric lighting and wiring equipment.
   36411Electric lamp bulbs and tubes.
   36431Current-carrying wiring devices.
   36441Noncurrent-carrying wiring devices.
   3645aResidential electric lighting fixtures.
   36462Commercial, industrial, and institutional electric lighting fixtures.
   36482Lighting equipment, not elsewhere classified.
   3651Household audio and video equipment, and audio recordings.
   36511Household audio and video equipment.
   3652aPhonograph records and pre-recorded audio tapes and disks.
   3661Communications equipment.
   36611Telephone and telegraph apparatus.
   36631Radio and television broadcasting and communications equipment.
   36691Communications equipment, not elsewhere classified.
   3671Electronic components and accessories.
   36722Printed circuit boards.
   36741Semiconductors and related devices.
   36772Electronic coils, transformers and other inductors.
   36781Electronic connectors.
   36791Electronic components, not elsewhere classified.
   3691Miscellaneous electrical machinery, equipment, and supplies.
   36921Primary batteries, dry and wet.
   36941Electrical equipment for internal combustion engines.
37   1Transportation Equipment.
   3711Motor vehicles and motor vehicle equipment.
   37131Truck and bus bodies.
   37141Motor vehicle parts and accessories.
   3721Aircraft and parts.
   3721aAircraft.
   37281Aircraft parts and auxiliary equipment, not elsewhere classified.
   3731Ship and boat building and repairing.
   3731aShip building and repairing.
   37322Boat building and repairing.
   379aMiscellaneous transportation equipment.
   3792aTravel trailers and campers.
381Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods, watches and clocks.
   3811Search, detection, navigation, guidance, aeronautical, and nautical systems, instruments, and equipment.
   38121Search, detection, navigation, guidance, aeronautical, and nautical systems, instruments, and equipment.
   3821Laboratory apparatus and analytical, optical, measuring, and controlling instrument.
   38211Laboratory apparatus and furniture.
   38221Automatic controls for regulating residential and commercial environments and appliances.
   38231Industrial instruments for measurement, display, and control of process variables; and related products.
   3824aTotalizing fluid meters and counting devices.
   38251Instruments for measuring and testing of electricity and electrical signals.
   38292Measuring and controlling devices, not elsewhere classified.
   3841Surgical, medical, and dental instruments and supplies.
   38411Surgical and medical instruments and apparatus.
   38421Orthopedic, prosthetic, and surgical appliances and supplies.
   38431Dental equipment and supplies.
   3844aX-ray apparatus and tubes and related irradiation apparatus.
   38451Electromedical and electrotherapeutic apparatus.
   3851Ophthalmic goods.
   38511Ophthalmic goods.
   386aPhotographic equipment and supplies.
   3861aPhotographic equipment and supplies.
   3871Watches, clocks, clockwork operated devices, and parts.
   38731Watches, clocks, clockwork operated devices, and parts.
391Miscellaneous manufacturing industries.
   3911Jewelry, silverware, and plated ware.
   39111Jewelry, precious metal.
   3914aSilverware, plated ware, and stainless steel ware.
   39151Jewelers' findings and materials, and lapidary work.
   3942Dolls, toys, games, and sporting and athletic goods.
   39422Dolls and stuffed toys.
   39492Sporting and athletic goods, not elsewhere classified.
   3952Pens, pencils, and other artists' materials.
   39513Pens, mechanical pencils, and parts.
   3952aLead pencils, crayons, and artists' materials.
   39531Marking devices.
   3961Costume jewelry, costume novelties, buttons, and miscellaneous notions, except precious metal.
   39611Costume jewelry and costume novelties, except precious metal.
   3965aFasteners, buttons, needles, and pins.
   3991Miscellaneous manufacturing industries.
   3991aBrooms and brushes.
   39932Signs and advertising specialties.
   39952Burial caskets.
   39992Manufacturing 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]

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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 (§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

Major groupIndustry group numberIndustry numberTierIndustry
013Agricultural production—crops.
   0113Cash grains.
   01193Cash grains, not elsewhere classified.
   0133Field crops, except cash grains.
   01333Sugarcane and sugar beets.
   01393Field crops, except cash grains, not elsewhere classified.
   0163Vegetables and melons.
   01613Vegetables and melons.
   0173Fruits and tree nuts.
   01743Citrus fruits.
   01793Fruits and tree nuts, not elsewhere classified.
   0183Horticultural specialties.
   01813Ornamental floriculture and nursery products.
   0193General farms, primarily crop.
   01913General farms, primarily crop.
023Agricultural production—livestock and animal specialties.
   0213Livestock, except dairy and poultry.
   02113Beef cattle feedlots.
   02133Hogs.
   0243Dairy farms.
   02413Dairy farms.
   0253Poultry and eggs.
   02513Broiler, fryer, and roaster chickens.
   02523Chicken eggs.
   02542Poultry hatcheries.
   0273Animal specialties.
   02713Fur-bearing animals and rabbits.
   02722Horse and other equines.
   02733Animal aquaculture.
   02793Animal specialties, not else where classified.
073Agricultural services.
   0723Crop services.
   07233Crop preparation services for market, except cotton ginning.
   0742Veterinary services.
   075aAnimal services except veterinary.
   0751aLivestock services, except veterinary.
   0783Landscape and horticultural services.
141Mining and quarrying of nonmetallic minerals, except fuels.
   14222Crushed and broken limestone.
   14291Crushed and broken stone, not elsewhere classified.
   1441Sand and gravel.
   14421Construction sand and gravel.
151Building construction-general contractors and operative builders.
   1521General building contractors-residential buildings.
   1541General building contractors-nonresidential buildings.
161Heavy construction other than building construction-contractors.
   1611Highway and street construction, except elevated highways.
   16111Highway and street construction, except elevated highways.
   1621Heavy construction, except highway and street construction.
   16221Bridge, tunnel, and elevated highway construction.
   16231Water, sewer, pipeline, and communications and power line construction.
   1629aHeavy construction, not elsewhere classified.
171Construction-special trade contractors.
   1711Plumbing, heating and air-conditioning.
   17111Plumbing, heating and air-conditioning.
   1722Painting and paper hanging.
   17212Painting and paper hanging.
   1731Electrical work.
   17311Electrical work.
   1741Masonry, stonework, tile setting, and plastering.
   17411Masonry, stone setting, and other stone work.
   17421Plastering, drywall, acoustical, and insulation work.
   17431Terrazzo, tile, marble, and mosaic work.
   175aCarpentry and floor work.
   1751aCarpentry work.
   1762Roofing, siding, and sheet metal work.
   17612Roofing, siding, and sheet metal work.
   1791Miscellaneous special trade contractors.
   17911Structural steel erection.
   17932Glass and glazing work.
   1794aExcavation work.
   1795aWrecking and demolition work.
   17961Installation or erection of building equipment, not elsewhere classified.
   17991Special trade contractors, not elsewhere classified.
413Local and suburban transit and interurban highway passenger transportation.
   4112Local and suburban passenger transportation.
   41112Local and suburban transit.
   4123Taxicabs.
   41213Taxicabs.
   4133Intercity and rural bus transportation.
   41313Intercity and rural bus transportation.
   415aSchool buses.
   4151aSchool buses.
421Motor freight transportation and warehousing.
   4211Trucking and courier services, except air.
   4221Public warehousing and storage.
   42211Farm product warehousing and storage.
   4222aRefrigerated warehousing and storage.
   42251General warehousing and storage.
   42261Special warehousing and storage, not elsewhere classified.
441Water transportation.
   442aDeep sea domestic transportation of freight.
   4424aDeep sea domestic transportation of freight.
   4441Water transportation of freight, not elsewhere classified.
   44491Water transportation of freight, not elsewhere classified.
   4491Services incidental to water transportation.
   44911Marine cargo handling.
   4492aTowing and tugboat services.
   44991Water transportation services, not elsewhere classified.
451Transportation by air.
   4511Air transportation, scheduled, and air courier services.
   45121Air transportation, scheduled.
   452aAir transportation, nonscheduled.
   4522aAir transportation, nonscheduled.
   458aAirports, flying fields, and airport terminal services.
   4581aAirports, flying fields, and airport terminal services.
46aPipelines, except natural gas.
   4611Pipelines, except natural gas.
   46131Refined petroleum pipelines.
471Transportation services.
   4721Arrangement of passenger transportation.
   47291Arrangement of passenger transportation, not elsewhere classified.
   4731Arrangement of transportation of freight and cargo.
   47311Arrangement of transportation of freight and cargo.
   4781Miscellaneous services incidental to transportation.
   47851Fixed facilities and inspection and weighing services for motor vehicle transportation.
481Communications.
   482bTelegraph and other message communications.
   4822bTelegraph and other message communications.
   4831Radio and television broadcasting stations.
   48321Radio broadcasting stations.
   48331Television broadcasting stations.
   4893Communications services, not elsewhere classified.
   48993Communications services, not elsewhere classified.
491Electric, gas and sanitary services.
   4921Gas production and distribution.
   49231Natural gas transmission and distribution.
   49251Mixed, manufactured, or liquefied petroleum gas production and/or distribution.
   4951Sanitary services.
   49531Refuse systems.
   497aIrrigation systems.
   4971aIrrigation systems.
501Wholesale trade-durable goods.
   5011Motor vehicles and motor vehicle parts and supplies.
   5012aAutomobiles and other motor vehicles.
   50131Motor vehicle supplies and new parts.
   50141Tires and tubes.
   5021Furniture and homefurnishings.
   50212Furniture.
   50231Homefurnishings.
   5032Lumber and other construction materials.
   50312Lumber, plywood, millwork, and wood panels.
   50391Construction materials, not elsewhere classified.
   5041Professional and commercial equipment and supplies.
   50431Photographic equipment and supplies.
   50461Commercial equipment, not elsewhere classified.
   50491Professional equipment and supplies, not elsewhere classified.
   5051Metals and minerals, except petroleum.
   50511Metals service centers and offices.
   5061Electrical goods.
   50631Electrical apparatus and equipment, wiring supplies and construction materials.
   50641Electrical appliances, television and radio sets.
   50651Electronic parts and equipment, not elsewhere classified.
   5071Hardware, and plumbing and heating equipment and supplies.
   50721Hardware.
   50741Plumbing and heating equipment and supplies (hydronics).
   5075aWarm air heating and air-conditioning equipment and supplies.
   5078aRefrigeration equipment and supplies.
   5081Machinery, equipment, and supplies.
   50821Construction and mining (except petroleum) machinery and equipment.
   5083aFarm and garden machinery and equipment.
   50841Industrial machinery and equipment.
   50851Industrial supplies.
   50872Service establishment equipment and supplies.
   5091Miscellaneous durable goods.
   5091aSporting and recreational goods and supplies.
   50921Toys and hobby goods and supplies.
   50931Scrap and waste materials.
   50941Jewelry, watches, precious stones, and precious metals.
   50991Durable goods, not elsewhere classified.
511Wholesale trade—nondurable goods.
   5111Paper and paper products.
   51111Printing and writing paper.
   51123Stationery and office supplies.
   51131Industrial and personal service paper.
   5121Drugs, drug proprietaries, and druggists' sundries.
   51221Drugs, drug proprietaries, and druggists' sundries.
   5132Apparel, piece goods, and notions.
   51312Piece goods, notions, and other dry goods.
   51361Men's and boys' clothing and furnishings.
   51373Women's, children's, and infants' clothing and accessories.
   51392Footwear.
   5141Groceries and related products.
   51411Groceries, general line.
   51421Packaged frozen foods.
   5143aDairy products, except dried or canned.
   51443Poultry and poultry products.
   5145aConfectionery.
   5146aFish and seafoods.
   5147aMeats and meat products.
   51481Fresh fruits and vegetables.
   51491Groceries and related products, not elsewhere classified.
   515aFarm-product raw materials.
   5154aLivestock.
   5161Chemicals and allied products.
   51691Chemicals and allied products, not elsewhere classified.
   5171Petroleum and petroleum products.
   51711Petroleum bulk stations and terminals.
   51721Petroleum and petroleum products wholesalers, except bulk stations and terminals.
   5181Beer, wine and distilled alcoholic beverages.
   51811Beer and ale.
   5191Miscellaneous nondurable goods.
   51913Farm supplies.
   51943Tobacco and tobacco products.
   5198bPaints, varnishes, and supplies.
   51991Nondurable goods, not elsewhere classified.
522Building materials, hardware, garden supply, and mobile home dealers.
   5213Lumber and other building materials dealers.
   52113Lumber and other building materials dealers.
   5231Paint, glass, and wallpaper stores.
   52311Paint, glass, and wallpaper stores.
   5252Hardware stores.
   52512Hardware stores.
   5263Retail nurseries, lawn and garden supply stores.
   52613Retail nurseries, lawn and garden supply stores.
531General merchandise stores.
   5311Department stores.
   53111Department stores.
   5332Variety stores.
   53312Variety stores.
   5393Miscellaneous general merchandise stores.
   53993Miscellaneous general merchandise stores.
542Food stores.
   5412Grocery stores.
   54112Grocery stores.
   5421Meat and fish (seafood) markets, including freezer provisioners.
   54211Meat and fish (seafood) markets, including freezer provisioners.
   5421aMeat and fish (seafood) markets, including freezer provisioners.
   5433Fruit and vegetable markets.
   54313Fruit and vegetable markets.
   5463Retail bakeries.
   54613Retail bakeries.
   5493Miscellaneous food stores.
   54993Miscellaneous food stores.
551Automotive dealers and gasoline service stations.
   5511Motor vehicle dealers (new and used).
   55111Motor vehicle dealers (new and used).
   5522Motor vehicle dealers (used only).
   55212Motor vehicle dealers (used only).
   5531Auto and home supply stores.
   55311Auto and home supply stores.
   5543Gasoline service stations.
   55413Gasoline service stations.
563Apparel and accessory stores.
   5613Men's and boys' clothing and accessory stores.
   56113Men's and boys' clothing and accessory stores.
   5623Women's clothing stores.
   56213Women's clothing stores.
   5633Women's accessory and specialty stores.
   56323Women's accessory and specialty stores.
   5643Children's and infants' wear stores.
   56413Children's and infants' wear stores.
   5653Family clothing stores.
   56513Family clothing stores.
   5662Shoe stores.
   56612Shoe stores.
   5693Miscellaneous apparel and accessory stores.
   56993Miscellaneous apparel and accessory stores.
572Home furniture, furnishings, and equipment stores.
   5712Home furniture and furnishings stores.
   57122Furniture stores.
   5713aFloor covering stores.
   57143Drapery, curtain, and upholstery stores.
   57191Miscellaneous homefurnishings stores.
   5721Household appliance stores.
   57221Household appliance stores.
   5732Radio, television, consumer electronics, and music stores.
   5731aRadio, television, and consumer electronics stores.
   57351Record and prerecorded tape stores.
581Eating and drinking places.
   15811Eating and drinking places.
591Miscellaneous retail.
   5911Drug stores and proprietary stores.
   59121Drug stores and proprietary stores.
   592aLiquor stores.
   5921aLiquor stores.
   5933Used merchandise stores.
   59323Used merchandise stores.
   5941Miscellaneous shopping goods stores.
   59411Sporting goods stores and bicycle shops.
   59421Book stores.
   59432Stationery stores.
   59441Jewelry stores.
   59453Hobby, toy, and game shops.
   59462Camera and photographic supply stores.
   59473Gift, novelty, and souvenir shops.
   59493Sewing, needlework, and piece goods stores.
   596aNonstore retailers.
   5962aAutomatic merchandising machine operators.
   5963aDirect selling establishments.
   5982Fuel dealers.
   59842Liquefied petroleum gas (bottled gas) dealers.
   5991Retail stores, not elsewhere classified.
   59923Florists.
   59991Miscellaneous retail stores, not elsewhere classified.
601Depository institutions.
   6021Commercial banks.
   60211National commercial banks.
   60221State commercial banks.
   60291Commercial banks, not elsewhere classified.
   6031Savings institutions.
   60351Savings institutions, Federally chartered.
   60361Savings institutions, not Federally chartered.
   6061Credit unions.
   60611Credit unions, Federally chartered.
   60621Credit unions, not Federally chartered.
   6092Functions related to depository banking.
   60992Functions related to depository banking, not elsewhere classified.
611Nondepository credit institutions.
   6141Personal credit institutions.
   61411Personal credit institutions.
   6151Business credit institutions.
      6153bShort-term business credit institutions, except agricultural.
   61591Miscellaneous business credit institutions.
   6161Mortgage bankers and brokers.
   61621Mortgage bankers and loan correspondents.
621Security and commodity brokers, dealers, exchanges, and services.
   6211Security brokers, dealers, and flotation companies.
   62111Security brokers, dealers, and flotation companies.
   622aCommodity contracts brokers and dealers.
   6221aCommodity contracts brokers and dealers.
631Insurance carriers.
   6311Life insurance.
   63111Life insurance.
   6321Accidental and health insurance and medical service plans.
   63211Accident and health insurance.
   6324bHospital and medical service plans.
   6331Fire, marine, and casualty insurance.
   63311Fire, marine, and casualty insurance.
   6351Surety insurance.
   63511Surety insurance.
   636bTitle insurance.
   6361bTitle insurance.
   6371Pension, health, and welfare funds.
   63711Pension, health, and welfare funds.
641Insurance agents, brokers, and service.
   6411Insurance agents, brokers, and service.
   64111Insurance agents, brokers, and service.
651Real estate.
   6511Real estate operators (except developers) and lessors.
   6531Real estate agents and managers.
   65311Real estate agents and managers.
   6551Land subdividers and developers.
   65521Land subdividers and developers, except cemeteries.
   6553aCemetery subdividers and developers.
701Hotels, rooming houses, camps, and other lodging places.
   7011Hotels and motels.
   70111Hotels and motels.
   7021Rooming and boarding houses.
   70211Rooming and boarding houses.
721Personal services.
   7212Laundry, cleaning, and garment services.
   7223Photographic studios, portrait.
   72213Photographic studios, portrait.
   7231Beauty shops.
   72311Beauty shops.
   7241Barber shops
   72411Barber shops.
   7252Shoe repair shops and shoeshine parlors.
   72512Shoe repair shops and shoeshine parlors.
   7261Funeral service and crematories.
   72611Funeral service and crematories.
   7291Miscellaneous personal services.
   72991Miscellaneous personal services, not elsewhere classified.
732Business services.
   7311Advertising.
   73111Advertising agencies.
   73121Outdoor advertising services.
   7319aAdvertising, not elsewhere classified.
   732bConsumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies.
   7323bCredit reporting services.
   7332Mailing, reproduction, commercial art and photography, and stenographic services.
   73382Secretarial and court reporting services.
   7343Services to dwellings and other buildings.
   73423Disinfecting and pest control services.
   73493Building cleaning and maintenance services, not elsewhere classified.
   7351Miscellaneous equipment rental and leasing.
   73591Equipment rental and leasing, not elsewhere classified.
   7362Personnel supply services.
   73612Employment agencies.
   73632Help supply services.
   7371Computer programming, data processing, and other computer related services.
   73721Prepackaged software.
   73741Computer processing and data preparation and processing services.
   73791Computer related services, not elsewhere classified.
   7383Miscellaneous business services.
   73823Security systems services.
   73841Photofinishing laboratories.
   73891Business services, not elsewhere classified.
751Automotive repair, services, and parking.
   7511Automotive rental and leasing, without drivers.
   75133Truck rental and leasing, without drivers.
   75141Passenger car rental.
   7523Automobile parking.
   75213Automobile parking.
   7531Automotive repair shops.
   75322Top, body, and upholstery repair shops and paint shops.
   75341Tire retreading and repair shops.
   75383General automotive repair shops.
   75392Automotive repair shops, not elsewhere classified.
   7543Automotive services, except repair.
   75423Carwashes.
   75493Automotive services, except repair and carwashes.
761Miscellaneous repair services.
   7621Electrical repair shops.
   76223Radio and television repair shops.
   76231Refrigeration and air-conditioning service and repair shops.
   76291Electrical and electronic repair shops, not elsewhere classified.
   7632Watch, clock, and jewelry repair.
   76312Watch, clock, and jewelry repair.
   7643Reupholstery and furniture repair.
   76413Reupholstery and furniture repair.
   7691Miscellaneous repair shops and related services.
   76922Welding repair.
   76941Armature rewinding shops.
   76991Repair shops and related services, not elsewhere classified.
781Motion pictures.
   7811Motion picture production and allied services.
   78121Motion picture and video tape production.
   7822Motion picture distribution and allied services.
   78222Motion picture and video tape distribution.
   7833Motion picture theaters.
   78323Motion picture theaters, except drive-in.
   7833aDrive-in motion picture theaters.
791Amusement and recreation services.
   7912Dance studios, schools, and halls.
   79112Dance studios, schools, and halls.
   792aTheatrical producers (except motion picture), bands, orchestras, and entertainers.
   7929aBands, orchestras, actors, and other entertainers and entertainment groups.
   7933Bowling centers.
   79333Bowling centers.
   794aCommercial sports.
   7941aProfessional sports clubs and promoters.
   7948aRacing, including track operation.
   7992Miscellaneous amusement and recreation services.
   79932Coin-operated amusement devices.
   79971Membership sports and recreation clubs.
   79992Amusement and recreation services not elsewhere classified.
801Health services.
   8011Offices and clinics of doctors of medicine.
   80111Offices and clinics of doctors of medicine.
   8021Offices and clinics of dentists.
   80211Offices and clinics of dentists.
   803aOffices and clinics of doctors of osteopathy.
   8031aOffices and clinics of doctors of osteopathy.
   8041Offices and clinics of other health practitioners.
   80491Offices and clinics of health practitioners, not elsewhere classified.
   805bNursing and personal care facilities.
   8059bNursing and personal care facilities, not elsewhere classified.
   8061Hospitals.
   80621General medical and surgical hospitals.
   80631Psychiatric hospitals.
   80691Specialty hospitals, except psychiatric.
   8071Medical and dental laboratories.
   80711Medical laboratories.
   8072aDental laboratories.
   8091Miscellaneous health and allied services, not elsewhere classified.
   80991Health and allied services, not elsewhere classified.
811Legal services.
   8111Legal services.
   81111Legal services.
821Educational services.
   8212Elementary and secondary schools.
   82112Elementary and secondary schools.
   8221Colleges, universities, professional schools, and junior colleges.
   82211Colleges, universities, and professional schools.
   82221Junior colleges and technical institutes.
   8242Vocational schools.
   8243aData processing schools.
   82442Business and secretarial schools.
   82492Vocational schools, not elsewhere classified.
   8291Schools and educational services, not elsewhere classified.
   82991Schools and educational services, not elsewhere classified.
831Social services.
   8321Individual and family social services.
   83221Individual and family social services.
   8333Job training and vocational rehabilitation services.
   83313Job training and vocational rehabilitation services.
   8351Child day care services.
   83511Child day care services.
   8362Residential care.
   83612Residential care.
   839aSocial services, not elsewhere classified.
   8399aSocial services, not elsewhere classified.
843Museums, art galleries, and botanical and zoological gardens.
   8413Museums and art galleries.
   84123Museums and art galleries.
861Membership organizations.
   8611Business associations.
   86111Business associations.
   8621Professional membership organizations.
   86211Professional membership organizations.
   8631Labor unions and similar labor organizations.
   86311Labor unions and similar labor organizations.
   8642Civic, social, and fraternal associations.
   86412Civic, social, and fraternal associations.
   8662Religious organizations.
   86612Religious organizations.
   8692Membership organizations, not elsewhere classified.
   86992Membership organizations, not elsewhere classified.
871Engineering, accounting, research, management, and related services.
   8711Engineering, architectural, and surveying services.
   87111Engineering services.
   8721Accounting, auditing, and bookkeeping services.
   87211Accounting, auditing, and bookkeeping services.
   8731Research, development, and testing services.
   87331Noncommercial research organizations.
883Private households.
   8813Private households.
   88113Private households.

“a” = Category contained less than three responding employers or one responding employer had more than 80 percent of the employment in the category.

“b” = Firm(s) declined to furnish waivers in these categories.

1Survey data reported on the basis of SIC code 5810. Data were not broken down by SIC 5812, Eating places, and 5813 Drinking places (Alcoholic beverages).

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 55 FR 39577, Sept. 27, 1990; 55 FR 53248, Dec. 27, 1990; 57 FR 1104, Jan. 10, 1992]

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Appendix C to Part 510—Government Corporations Eligible for Minimum Wage Phase-In

This appendix contains a listing of the public organizations (corporations) in Puerto Rico for which data have been provided by the Commonwealth for purposes of implementing the 1989 Amendments to FLSA. Such Corporations are subject to Tiers 1, 2, or 3, as set forth below. Corporations which are listed under Tier 3 may pay rates specified under Tier 4 to employees engaged in traditional activities, as defined in §510.25 of the regulations. All other employees are subject to Tier 3. Organizations for which no data were provided are subject to Tier 1 treatment.

TierOrganization
1Automobile Accidents Compensation Administration.
1Cardiovascular Center Corporation of Puerto Rico and the Caribbean.
2Culebra Conservation and Development Authority.
3Government Development Bank of Puerto Rico.
1Highway Authority.
2Industries for the Blind, Mentally Retarded, and other Disabled Persons of Puerto Rico.
1Institute of Puerto Rican Culture.
2Corporation for the Development and Administration of Marine, Lacustrine, and Fluvial Resources of Puerto Rico.
1Metropolitan Bus Authority.
2Puerto Rico Mineral Resource Development Corporation.
1Musical Arts Corporation.
1Public Building Authority.
1Puerto Rico Institute of Cinematographic and Television Arts and Industries.
1Puerto Rico Aqueducts and Sewer Authority.
1Puerto Rico Communications Authority.
1Puerto Rico Land Administration.
1Puerto Rico Marine Shipping Authority.
1Puerto Rico Medical Service Administration.
1Puerto Rico Ports Authority.
1Puerto Rico Musical Performing Arts Corporation.
2Puerto Rico Rural Development Corporation.
3Puerto Rico Sugar Board.
1Puerto Rico Telephone Company.
2Puerto Rico Solid Waste Management Authority.
1Puerto Rico Housing Bank.
1Puerto Rico Tourism Company.
3Puerto Rico Renewal and Housing Corporation.
3Puerto Rico Industrial Development Bank.
3Recreational Development Company.
2Right to Work Administration.

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Appendix D to Part 510—Municipalities Eligible for Minimum Wage Phase-In

This appendix contains a listing of the municipalities in Puerto Rico and the tier applicable to each. Municipalities with average hourly earnings below $4.65 but equal to or greater than $4.00 are subject to Tier 2, as set forth below. Municipalities with average hourly earnings under $4.00 are subject to Tier 3. Municipalities which are listed under Tier 3 may pay the rates specified under Tier 4 to employees engaged in traditional activities, as defined in §510.25 of the regulations. All other employees are subject to Tier 3. Municipalities which did not submit data are subject to Tier 1. The tiers set forth below are subject to petitions for review by affected employees, if filed prior to June 1, 1990. If upon review it is determined that the municipality should have been subject to Tier 1 or 2, back wages will have to be paid to April 1, 1990, to make up the difference between what municipal employees were paid and what they should have been paid.

TierMunicipality
3Adjuntas.
3Aguada.
3Aguadilla.
3Aguas Buenas.
3Aibonito.
3Añasco.
3Arecibo.
3Arroyo.
3Barceloneta.
3Barranquitas.
3Bayamon.
3Cabo Rojo.
3Caguas.
3Camuy.
2Canovanas.
3Carolina.
3Cataño.
3Cayey.
2Ceiba.
3Ciales.
3Cidra.
3Coamo.
2Comerio.
3Corozal.
3Culebra.
2Dorado.
3Fajardo.
3Florida.
3Guanica.
3Guyama.
2Guayanilla.
3Guaynabo.
3Guarbo.
3Hatillo.
3Hormigueros.
3Humacao.
3Isabela.
3Jayuya.
3Juana Diaz.
3Juncos.
2Lajas.
3Lares.
3Las Marias.
3Las Piedras.
3Loiza.
3Luquillo.
1Manati.
3Maricao.
3Maunabo.
3Mayaguez.
2Moca.
3Morovis.
3Naguabo.
2Naranjito.
3Orocovis.
3Patillas.
3Peñuelas.
3Ponce.
3Quebradillas.
3Rincon.
3Rio Grande.
3Sabana Grande.
3Salinas.
3San German.
2San Juan.
3San Lorenzo.
3San Sebastian.
3Santa Isabel.
3Toa Alta.
3Toa Baja.
2Trujillo Alto.
3Utuado.
3Vega Alta.
3Vega Baja.
3Vieques.
3Villalba.
3Yabucoa.
3Yauco.

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