32.0305 Wage and Hour Board-Powers and duties.

Cite as [A.S.C.A. § 32.0305]

(a) The Board:

(1) may prepare and promulgate such rules as it deems necessary for the enforcement of this chapter:

(2) shall prepare and promulgate, after a public hearing, such wage and hour orders as it deems necessary for the operation and enforcement of this chapter. Wage and hour orders requiring the payment of minimum wages shall require the approval of the Governor of American Samoa before they become effective.

(b) For any occupation, the Board shall make and revise, subject to the approval of the Governor, such rules, including definitions of terms, as it may deem appropriate to carry out the purposes of, or necessary to prevent the circumvention or evasion of this chapter and to safeguard minimum wage rates. Such regulations may include, but are not limited to:

(1) regulations defining and governing outside salesmen;

(2) learners and apprentices, and their number and pay;

(3) special pay for special or extra work;

(4) charges to employees for allowances for board, lodging, apparel or other facilities or services customarily furnished by employers to employees;

(5) allowances for gratuities;

(6) allowances for such special conditions or circumstances as may be usual in a particular employment relationship.

(c) Regulations or revisions thereof pursuant to this section may be made only after a public hearing held subsequent to publication of notice of the hearing, at which any person may be heard.

(d) Regulations or revisions, except as otherwise provided, take effect upon promulgation after approval by the Governor.

History: 1965, PL 9-23.