29 C.F.R. § 510 app B to Part 510

Current through October 31, 2024
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 group Industry group number Industry number Tier Industry
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.
1 5811Eating 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.

1 Survey 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).

29 C.F.R. 510 app B to Part 510

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