-CITE-

29 USC CHAPTER 8 - FAIR LABOR STANDARDS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

CHAPTER 8 - FAIR LABOR STANDARDS

-MISC1-

Sec.

201. Short title.

202. Congressional finding and declaration of policy.

203. Definitions.

204. Administration.

(a) Creation of Wage and Hour Division in

Department of Labor; Administrator.

(b) Appointment, selection, classification, and

promotion of employees by Administrator.

(c) Principal office of Administrator;

jurisdiction.

(d) Biennial report to Congress; studies of

exemptions to hour and wage provisions and

means to prevent curtailment of employment

opportunities.

(e) Study of effects of foreign production on

unemployment; report to President and

Congress.

(f) Employees of Library of Congress;

administration of provisions by Office of

Personnel Management.

205. Special industry committees for American Samoa.

(a) Establishment; residents as members of

committees.

(b) Appointment of committee without regard to

other laws pertaining to the appointment and

compensation of employees of the United

States; composition of committees.

(c) Quorum; compensation; employees.

(d) Submission of data to committees.

206. Minimum wage.

(a) Employees engaged in commerce; home workers in

Puerto Rico and Virgin Islands; employees in

American Samoa; seamen on American vessels;

agricultural employees.

(b) Additional applicability to employees pursuant

to subsequent amendatory provisions.

(c) Repealed.

(d) Prohibition of sex discrimination.

(e) Employees of employers providing contract

services to United States.

(f) Employees in domestic service.

(g) Newly hired employees who are less than 20

years old.

207. Maximum hours.

(a) Employees engaged in interstate commerce;

additional applicability to employees pursuant

to subsequent amendatory provisions.

(b) Employment pursuant to collective bargaining

agreement; employment by independently owned

and controlled local enterprise engaged in

distribution of petroleum products.

(c), (d) Repealed.

(e) "Regular rate" defined.

(f) Employment necessitating irregular hours of

work.

(g) Employment at piece rates.

(h) Credit toward minimum wage or overtime

compensation of amounts excluded from regular

rate.

(i) Employment by retail or service establishment.

(j) Employment in hospital or establishment engaged

in care of sick, aged, or mentally ill.

(k) Employment by public agency engaged in fire

protection or law enforcement activities.

(l) Employment in domestic service in one or more

households.

(m) Employment in tobacco industry.

(n) Employment by street, suburban, or interurban

electric railway, or local trolley or motorbus

carrier.

(o) Compensatory time.

(p) Special detail work for fire protection and law

enforcement employees; occasional or sporadic

employment; substitution.

(q) Maximum hour exemption for employees receiving

remedial education.

208. Wage orders in American Samoa.

(a) Congressional policy; recommendation of wage

rate by industry committee.

(b) Investigation of industry condition by industry

committee; matters considered.

(c) Classifications within industry; recommendation

of wage rate.

(d) Report by industry committee; publication in

Federal Register.

(e) Orders.

(f) Due notice of hearings by publication in

Federal Register.

209. Attendance of witnesses.

210. Court review of wage orders in Puerto Rico and the

Virgin Islands.

211. Collection of data.

(a) Investigations and inspections.

(b) State and local agencies and employees.

(c) Records.

(d) Homework regulations.

212. Child labor provisions.

(a) Restrictions on shipment of goods; prosecution;

conviction.

(b) Investigations and inspections.

(c) Oppressive child labor.

(d) Proof of age.

213. Exemptions.

(a) Minimum wage and maximum hour requirements.

(b) Maximum hour requirements.

(c) Child labor requirements.

(d) Delivery of newspapers and wreathmaking.

(e) Maximum hour requirements and minimum wage

employees.

(f) Employment in foreign countries and certain

United States territories.

(g) Certain employment in retail or service

establishments, agriculture.

(h) Maximum hour requirement: fourteen workweek

limitation.

(i) Cotton ginning.

(j) Processing of sugar beets, sugar beet molasses,

or sugar cane.

214. Employment under special certificates.

(a) Learners, apprentices, messengers.

(b) Students.

(c) Handicapped workers.

(d) Employment by schools.

215. Prohibited acts; prima facie evidence.

216. Penalties.

(a) Fines and imprisonment.

(b) Damages; right of action; attorney's fees and

costs; termination of right of action.

(c) Payment of wages and compensation; waiver of

claims; actions by the Secretary; limitation

of actions.

(d) Savings provisions.

(e) Civil penalties for child labor violations.

216a. Repealed.

216b. Liability for overtime work performed prior to July

20, 1949.

217. Injunction proceedings.

218. Relation to other laws.

219. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 251 to 262, 721, 1802 of

this title; title 2 sections 60k, 1302, 1313, 1371, 1434; title 3

sections 402, 413; title 5 section 2105; title 7 sections 2015,

2026, 2029; title 15 sections 1014, 3152; title 18 section 1593;

title 22 section 7109; title 38 section 1718; title 41 section 355;

title 42 sections 3056, 5044, 8009, 8011, 12655l.

-End-

-CITE-

29 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 201. Short title

-STATUTE-

This chapter may be cited as the "Fair Labor Standards Act of

1938".

-SOURCE-

(June 25, 1938, ch. 676, Sec. 1, 52 Stat. 1060.)

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-202, Sec. 1, May 18, 2000, 114 Stat. 308, provided

that: "This Act [amending section 207 of this title and enacting

provisions set out as notes under section 207 of this title] may be

cited as the 'Worker Economic Opportunity Act'."

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-334, Sec. 1, Oct. 31, 1998, 112 Stat. 3137, provided

that: "This Act [amending section 213 of this title and enacting

provisions set out as a note under section 213 of this title] may

be cited as the 'Drive for Teen Employment Act'."

Pub. L. 105-221, Sec. 1, Aug. 7, 1998, 112 Stat. 1248, provided

that: "This Act [amending section 203 of this title] may be cited

as the 'Amy Somers Volunteers at Food Banks Act'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-188, [title II], Sec. 2104(a), Aug. 20, 1996, 110

Stat. 1928, provided that: "This section [amending section 206 of

this title] may be cited as the 'Minimum Wage Increase Act of

1996'."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-26, Sec. 1, Sept. 6, 1995, 109 Stat. 264, provided

that: "This Act [amending section 207 of this title and enacting

provisions set out as a note under section 207 of this title] may

be cited as the 'Court Reporter Fair Labor Amendments of 1995'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-157, Sec. 1(a), Nov. 17, 1989, 103 Stat. 938,

provided that: "This Act [enacting section 60k of Title 2, The

Congress, amending sections 203, 205 to 208, 213, 214, and 216 of

this title, and enacting provisions set out as notes under sections

203 and 206 of this title] may be cited as the 'Fair Labor

Standards Amendments of 1989'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-150, Sec. 1(a), Nov. 13, 1985, 99 Stat. 787, provided

that: "This Act [amending sections 203, 207, and 211 of this title

and enacting provisions set out as notes under sections 203, 207,

215, and 216 of this title] may be cited as the 'Fair Labor

Standards Amendments of 1985'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-151, Sec. 1(a), Nov. 1, 1977, 91 Stat. 1245, provided

that: "This Act [amending sections 203, 206, 208, 213, 214, and 216

of this title and enacting provisions set out as notes under

sections 203, 204, and 213 of this title] may be cited as the 'Fair

Labor Standards Amendments of 1977'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-259, Sec. 1(a), Apr. 8, 1974, 88 Stat. 55, provided

that: "This Act [enacting section 633a of this title, amending

sections 202 to 208, 210, 212 to 214, 216, 255, 260, 630, and 634

of this title, and enacting provisions set out as notes under this

section and sections 202, 206, 207, 213, and 621 of this title] may

be cited as the 'Fair Labor Standards Amendments of 1974'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-601, Sec. 1, Sept. 23, 1966, 80 Stat. 830, provided:

"That this Act [amending sections 203, 206, 207, 213, 214, 216,

218, and 255 of this title, and enacting provisions set out as

notes under sections 207 and 214 of this title, section 1082 of

former Title 5, Executive Departments and Government Officers and

Employees, and section 2000e-14 of Title 42, The Public Health and

Welfare] may be cited as the 'Fair Labor Standards Amendments of

1966'."

SHORT TITLE OF 1963 AMENDMENT

Pub. L. 88-38, Sec. 1, June 10, 1963, 77 Stat. 56, provided:

"That this Act [amending section 206 of this title and enacting

provisions set out as notes under section 206 of this title] may be

cited as the 'Equal Pay Act of 1963'."

SHORT TITLE OF 1961 AMENDMENT

Pub. L. 87-30, Sec. 1, May 5, 1961, 75 Stat. 65, provided: "That

this Act [amending sections 203 to 208, 212 to 214, 216, and 217 of

this title and enacting provisions set out as a note under section

213 of this title] may be cited as the 'Fair Labor Standards

Amendments of 1961'."

SHORT TITLE OF 1956 AMENDMENT

Act Aug. 8, 1956, ch. 1035, Sec. 1, 70 Stat. 1118, provided:

"That this Act [amending sections 206, 213, and 216 of this title]

may be cited as the 'American Samoa Labor Standards Amendments of

1956'."

SHORT TITLE OF 1955 AMENDMENT

Act Aug. 12, 1955, ch. 867, Sec. 1, 69 Stat. 711, provided: "That

this Act [amending sections 204-206, 208, and 210 of this title and

enacting provisions set out as notes under sections 204, 206, and

208 of this title] may be cited as the 'Fair Labor Standards

Amendments of 1955'."

SHORT TITLE OF 1949 AMENDMENT

Act Oct. 26, 1949, ch. 736, Sec. 1, 63 Stat. 910, provided: "That

this Act [enacting section 216b of this title, amending sections

202 to 208, 211 to 216, and 217 of this title, and repealing

section 216a of this title] may be cited as the 'Fair Labor

Standards Amendments of 1949'."

-End-

-CITE-

29 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 202. Congressional finding and declaration of policy

-STATUTE-

(a) The Congress finds that the existence, in industries engaged

in commerce or in the production of goods for commerce, of labor

conditions detrimental to the maintenance of the minimum standard

of living necessary for health, efficiency, and general well-being

of workers (1) causes commerce and the channels and

instrumentalities of commerce to be used to spread and perpetuate

such labor conditions among the workers of the several States; (2)

burdens commerce and the free flow of goods in commerce; (3)

constitutes an unfair method of competition in commerce; (4) leads

to labor disputes burdening and obstructing commerce and the free

flow of goods in commerce; and (5) interferes with the orderly and

fair marketing of goods in commerce. That Congress further finds

that the employment of persons in domestic service in households

affects commerce.

(b) It is declared to be the policy of this chapter, through the

exercise by Congress of its power to regulate commerce among the

several States and with foreign nations, to correct and as rapidly

as practicable to eliminate the conditions above referred to in

such industries without substantially curtailing employment or

earning power.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 2, 52 Stat. 1060; Oct. 26, 1949, ch.

736, Sec. 2, 63 Stat. 910; Pub. L. 93-259, Sec. 7(a), Apr. 8, 1974,

88 Stat. 62.)

-MISC1-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-259 inserted finding of Congress

that employment of persons in domestic service in households

affects commerce.

1949 - Subsec. (b). Act Oct. 26, 1949, inserted reference to

regulation of commerce with foreign nations.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 29(a) of Pub. L. 93-259 provided that: "Except as

otherwise specifically provided, the amendments made by this Act

[see Short Title of 1974 Amendment note set out under section 201

of this title] shall take effect on May 1, 1974."

EFFECTIVE DATE OF 1949 AMENDMENT

Section 16(a) of act Oct. 26, 1949, provided that: "The

amendments made by this Act [enacting section 216b of this title,

amending this section and sections 203 to 208, 211 to 216, and 217

of this title, and repealing section 216a of this title] shall take

effect upon the expiration of ninety days from the date of its

enactment [Oct. 26, 1947]; except that the amendment made by

section 4 [amending section 204 of this title] shall take effect on

the date of its enactment [Oct. 26, 1949]."

RULES, REGULATIONS, AND ORDERS WITH REGARD TO FAIR LABOR STANDARDS

AMENDMENTS OF 1974

Section 29(b) of Pub. L. 93-259 provided that: "Notwithstanding

subsection (a) [set out as an Effective Date of 1974 Amendment note

above], on and after the date of the enactment of this Act [Apr. 8,

1974] the Secretary of Labor is authorized to prescribe necessary

rules, regulations, and orders with regard to the amendments made

by this Act [see Short Title of 1974 Amendment note set out under

section 201 of this title]."

-End-

-CITE-

29 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 203. Definitions

-STATUTE-

As used in this chapter -

(a) "Person" means an individual, partnership, association,

corporation, business trust, legal representative, or any organized

group of persons.

(b) "Commerce" means trade, commerce, transportation,

transmission, or communication among the several States or between

any State and any place outside thereof.

(c) "State" means any State of the United States or the District

of Columbia or any Territory or possession of the United States.

(d) "Employer" includes any person acting directly or indirectly

in the interest of an employer in relation to an employee and

includes a public agency, but does not include any labor

organization (other than when acting as an employer) or anyone

acting in the capacity of officer or agent of such labor

organization.

(e)(1) Except as provided in paragraphs (2), (3), and (4), the

term "employee" means any individual employed by an employer.

(2) In the case of an individual employed by a public agency,

such term means -

(A) any individual employed by the Government of the United

States -

(i) as a civilian in the military departments (as defined in

section 102 of title 5),

(ii) in any executive agency (as defined in section 105 of

such title),

(iii) in any unit of the judicial branch of the Government

which has positions in the competitive service,

(iv) in a nonappropriated fund instrumentality under the

jurisdiction of the Armed Forces,

(v) in the Library of Congress, or

(vi) the (!1) Government Printing Office;

(B) any individual employed by the United States Postal Service

or the Postal Rate Commission; and

(C) any individual employed by a State, political subdivision

of a State, or an interstate governmental agency, other than such

an individual -

(i) who is not subject to the civil service laws of the

State, political subdivision, or agency which employs him; and

(ii) who -

(I) holds a public elective office of that State, political

subdivision, or agency,

(II) is selected by the holder of such an office to be a

member of his personal staff,

(III) is appointed by such an officeholder to serve on a

policymaking level,

(IV) is an immediate adviser to such an officeholder with

respect to the constitutional or legal powers of his office,

or

(V) is an employee in the legislative branch or legislative

body of that State, political subdivision, or agency and is

not employed by the legislative library of such State,

political subdivision, or agency.

(3) For purposes of subsection (u) of this section, such term

does not include any individual employed by an employer engaged in

agriculture if such individual is the parent, spouse, child, or

other member of the employer's immediate family.

(4)(A) The term "employee" does not include any individual who

volunteers to perform services for a public agency which is a

State, a political subdivision of a State, or an interstate

governmental agency, if -

(i) the individual receives no compensation or is paid

expenses, reasonable benefits, or a nominal fee to perform the

services for which the individual volunteered; and

(ii) such services are not the same type of services which the

individual is employed to perform for such public agency.

(B) An employee of a public agency which is a State, political

subdivision of a State, or an interstate governmental agency may

volunteer to perform services for any other State, political

subdivision, or interstate governmental agency, including a State,

political subdivision or agency with which the employing State,

political subdivision, or agency has a mutual aid agreement.

(5) The term "employee" does not include individuals who

volunteer their services solely for humanitarian purposes to

private non-profit food banks and who receive from the food banks

groceries.

(f) "Agriculture" includes farming in all its branches and among

other things includes the cultivation and tillage of the soil,

dairying, the production, cultivation, growing, and harvesting of

any agricultural or horticultural commodities (including

commodities defined as agricultural commodities in section 1141j(g)

of title 12), the raising of livestock, bees, fur-bearing animals,

or poultry, and any practices (including any forestry or lumbering

operations) performed by a farmer or on a farm as an incident to or

in conjunction with such farming operations, including preparation

for market, delivery to storage or to market or to carriers for

transportation to market.

(g) "Employ" includes to suffer or permit to work.

(h) "Industry" means a trade, business, industry, or other

activity, or branch or group thereof, in which individuals are

gainfully employed.

(i) "Goods" means goods (including ships and marine equipment),

wares, products, commodities, merchandise, or articles or subjects

of commerce of any character, or any part or ingredient thereof,

but does not include goods after their delivery into the actual

physical possession of the ultimate consumer thereof other than a

producer, manufacturer, or processor thereof.

(j) "Produced" means produced, manufactured, mined, handled, or

in any other manner worked on in any State; and for the purposes of

this chapter an employee shall be deemed to have been engaged in

the production of goods if such employee was employed in producing,

manufacturing, mining, handling, transporting, or in any other

manner working on such goods, or in any closely related process or

occupation directly essential to the production thereof, in any

State.

(k) "Sale" or "sell" includes any sale, exchange, contract to

sell, consignment for sale, shipment for sale, or other

disposition.

(l) "Oppressive child labor" means a condition of employment

under which (1) any employee under the age of sixteen years is

employed by an employer (other than a parent or a person standing

in place of a parent employing his own child or a child in his

custody under the age of sixteen years in an occupation other than

manufacturing or mining or an occupation found by the Secretary of

Labor to be particularly hazardous for the employment of children

between the ages of sixteen and eighteen years or detrimental to

their health or well-being) in any occupation, or (2) any employee

between the ages of sixteen and eighteen years is employed by an

employer in any occupation which the Secretary of Labor shall find

and by order declare to be particularly hazardous for the

employment of children between such ages or detrimental to their

health or well-being; but oppressive child labor shall not be

deemed to exist by virtue of the employment in any occupation of

any person with respect to whom the employer shall have on file an

unexpired certificate issued and held pursuant to regulations of

the Secretary of Labor certifying that such person is above the

oppressive child-labor age. The Secretary of Labor shall provide by

regulation or by order that the employment of employees between the

ages of fourteen and sixteen years in occupations other than

manufacturing and mining shall not be deemed to constitute

oppressive child labor if and to the extent that the Secretary of

Labor determines that such employment is confined to periods which

will not interfere with their schooling and to conditions which

will not interfere with their health and well-being.

(m) "Wage" paid to any employee includes the reasonable cost, as

determined by the Administrator, to the employer of furnishing such

employee with board, lodging, or other facilities, if such board,

lodging or other facilities are customarily furnished by such

employer to his employees: Provided, That the cost of board,

lodging, or other facilities shall not be included as a part of the

wage paid to any employee to the extent it is excluded therefrom

under the terms of a bona fide collective-bargaining agreement

applicable to the particular employee: Provided further, That the

Secretary is authorized to determine the fair value of such board,

lodging, or other facilities for defined classes of employees and

in defined areas, based on average cost to the employer or to

groups of employers similarly situated, or average value to groups

of employees, or other appropriate measures of fair value. Such

evaluations, where applicable and pertinent, shall be used in lieu

of actual measure of cost in determining the wage paid to any

employee. In determining the wage an employer is required to pay a

tipped employee, the amount paid such employee by the employee's

employer shall be an amount equal to -

(1) the cash wage paid such employee which for purposes of such

determination shall be not less than the cash wage required to be

paid such an employee on August 20, 1996; and

(2) an additional amount on account of the tips received by

such employee which amount is equal to the difference between the

wage specified in paragraph (1) and the wage in effect under

section 206(a)(1) of this title.

The additional amount on account of tips may not exceed the value

of the tips actually received by an employee. The preceding 2

sentences shall not apply with respect to any tipped employee

unless such employee has been informed by the employer of the

provisions of this subsection, and all tips received by such

employee have been retained by the employee, except that this

subsection shall not be construed to prohibit the pooling of tips

among employees who customarily and regularly receive tips.

(n) "Resale" shall not include the sale of goods to be used in

residential or farm building construction, repair, or maintenance:

Provided, That the sale is recognized as a bona fide retail sale in

the industry.

(o) Hours Worked. - In determining for the purposes of sections

206 and 207 of this title the hours for which an employee is

employed, there shall be excluded any time spent in changing

clothes or washing at the beginning or end of each workday which

was excluded from measured working time during the week involved by

the express terms of or by custom or practice under a bona fide

collective-bargaining agreement applicable to the particular

employee.

(p) "American vessel" includes any vessel which is documented or

numbered under the laws of the United States.

(q) "Secretary" means the Secretary of Labor.

(r)(1) "Enterprise" means the related activities performed

(either through unified operation or common control) by any person

or persons for a common business purpose, and includes all such

activities whether performed in one or more establishments or by

one or more corporate or other organizational units including

departments of an establishment operated through leasing

arrangements, but shall not include the related activities

performed for such enterprise by an independent contractor. Within

the meaning of this subsection, a retail or service establishment

which is under independent ownership shall not be deemed to be so

operated or controlled as to be other than a separate and distinct

enterprise by reason of any arrangement, which includes, but is not

necessarily limited to, an agreement, (A) that it will sell, or

sell only, certain goods specified by a particular manufacturer,

distributor, or advertiser, or (B) that it will join with other

such establishments in the same industry for the purpose of

collective purchasing, or (C) that it will have the exclusive right

to sell the goods or use the brand name of a manufacturer,

distributor, or advertiser within a specified area, or by reason of

the fact that it occupies premises leased to it by a person who

also leases premises to other retail or service establishments.

(2) For purposes of paragraph (1), the activities performed by

any person or persons -

(A) in connection with the operation of a hospital, an

institution primarily engaged in the care of the sick, the aged,

the mentally ill or defective who reside on the premises of such

institution, a school for mentally or physically handicapped or

gifted children, a preschool, elementary or secondary school, or

an institution of higher education (regardless of whether or not

such hospital, institution, or school is operated for profit or

not for profit), or

(B) in connection with the operation of a street, suburban or

interurban electric railway, or local trolley or motorbus

carrier, if the rates and services of such railway or carrier are

subject to regulation by a State or local agency (regardless of

whether or not such railway or carrier is public or private or

operated for profit or not for profit), or

(C) in connection with the activities of a public agency,

shall be deemed to be activities performed for a business purpose.

(s)(1) "Enterprise engaged in commerce or in the production of

goods for commerce" means an enterprise that -

(A)(i) has employees engaged in commerce or in the production

of goods for commerce, or that has employees handling, selling,

or otherwise working on goods or materials that have been moved

in or produced for commerce by any person; and

(ii) is an enterprise whose annual gross volume of sales made

or business done is not less than $500,000 (exclusive of excise

taxes at the retail level that are separately stated);

(B) is engaged in the operation of a hospital, an institution

primarily engaged in the care of the sick, the aged, or the

mentally ill or defective who reside on the premises of such

institution, a school for mentally or physically handicapped or

gifted children, a preschool, elementary or secondary school, or

an institution of higher education (regardless of whether or not

such hospital, institution, or school is public or private or

operated for profit or not for profit); or

(C) is an activity of a public agency.

(2) Any establishment that has as its only regular employees the

owner thereof or the parent, spouse, child, or other member of the

immediate family of such owner shall not be considered to be an

enterprise engaged in commerce or in the production of goods for

commerce or a part of such an enterprise. The sales of such an

establishment shall not be included for the purpose of determining

the annual gross volume of sales of any enterprise for the purpose

of this subsection.

(t) "Tipped employee" means any employee engaged in an occupation

in which he customarily and regularly receives more than $30 a

month in tips.

(u) "Man-day" means any day during which an employee performs any

agricultural labor for not less than one hour.

(v) "Elementary school" means a day or residential school which

provides elementary education, as determined under State law.

(w) "Secondary school" means a day or residential school which

provides secondary education, as determined under State law.

(x) "Public agency" means the Government of the United States;

the government of a State or political subdivision thereof; any

agency of the United States (including the United States Postal

Service and Postal Rate Commission), a State, or a political

subdivision of a State; or any interstate governmental agency.

(y) "Employee in fire protection activities" means an employee,

including a firefighter, paramedic, emergency medical technician,

rescue worker, ambulance personnel, or hazardous materials worker,

who -

(1) is trained in fire suppression, has the legal authority and

responsibility to engage in fire suppression, and is employed by

a fire department of a municipality, county, fire district, or

State; and

(2) is engaged in the prevention, control, and extinguishment

of fires or response to emergency situations where life,

property, or the environment is at risk.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 3, 52 Stat. 1060; 1946 Reorg. Plan

No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095;

Oct. 26, 1949, ch. 736, Sec. 3, 63 Stat. 911; Pub. L. 87-30, Sec.

2, May 5, 1961, 75 Stat. 65; Pub. L. 89-601, title I, Secs.

101-103, title II, Sec. 215(a), Sept. 23, 1966, 80 Stat. 830-832,

837; Pub. L. 92-318, title IX, Sec. 906(b)(2), (3), June 23, 1972,

86 Stat. 375; Pub. L. 93-259, Secs. 6(a), 13(e), Apr. 8, 1974, 88

Stat. 58, 64; Pub. L. 95-151, Secs. 3(a), (b), 9(a)-(c), Nov. 1,

1977, 91 Stat. 1249, 1251; Pub. L. 99-150, Secs. 4(a), 5, Nov. 13,

1985, 99 Stat. 790; Pub. L. 101-157, Secs. 3(a), (d), 5, Nov. 17,

1989, 103 Stat. 938, 939, 941; Pub. L. 104-1, title II, Sec.

203(d), Jan. 23, 1995, 109 Stat. 10; Pub. L. 104-188, [title II],

Sec. 2105(b), Aug. 20, 1996, 110 Stat. 1929; Pub. L. 105-221, Sec.

2, Aug. 7, 1998, 112 Stat. 1248; Pub. L. 106-151, Sec. 1, Dec. 9,

1999, 113 Stat. 1731.)

-MISC1-

AMENDMENTS

1999 - Subsec. (y). Pub. L. 106-151 added subsec. (y).

1998 - Subsec. (e)(5). Pub. L. 105-221 added par. (5).

1996 - Subsec. (m). Pub. L. 104-188 inserted "In determining the

wage an employer is required to pay a tipped employee, the amount

paid such employee by the employee's employer shall be an amount

equal to -

"(1) the cash wage paid such employee which for purposes of

such determination shall be not less than the cash wage required

to be paid such an employee on August 20, 1996; and

"(2) an additional amount on account of the tips received by

such employee which amount is equal to the difference between the

wage specified in paragraph (1) and the wage in effect under

section 206(a)(1) of this title.

The additional amount on account of tips may not exceed the value

of the tips actually received by an employee.", and struck out

former penultimate sentence which read as follows: "In determining

the wage of a tipped employee, the amount paid such employee by his

employer shall be deemed to be increased on account of tips by an

amount determined by the employer, but not by an amount in excess

of (1) 45 percent of the applicable minimum wage rate during the

year beginning April 1, 1990, and (2) 50 percent of the applicable

minimum wage rate after March 31, 1991, except that the amount of

the increase on account of tips determined by the employer may not

exceed the value of tips actually received by the employee."

Pub. L. 104-188 in last sentence substituted "preceding 2

sentences" for "previous sentence" and struck out "(1)" after

"employee unless" and "(2)" after "subsection, and".

1995 - Subsec. (e)(2)(A). Pub. L. 104-1 struck out "legislative

or" before "judicial branch" in cl. (iii) and added cl. (vi).

1989 - Subsec. (m). Pub. L. 101-157, Sec. 5, substituted "in

excess of (1) 45 percent of the applicable minimum wage rate during

the year beginning April 1, 1990, and (2) 50 percent of the

applicable minimum wage rate after March 31, 1991," for "in excess

of 40 per centum of the applicable minimum wage rate,".

Subsec. (r). Pub. L. 101-157, Sec. 3(d), designated first

sentence as par. (1), made a separate sentence out of the existing

proviso and redesignated cls. (1), (2), and (3) as (A), (B), and

(C), respectively, designated second sentence as par. (2), in par.

(2) as so designated, redesignated existing pars. (1), (2), and (3)

as subpars. (A), (B), and (C), respectively, and, in subpar. (A) as

so redesignated, substituted "school is operated" for "school is

public or private or operated".

Subsec. (s). Pub. L. 101-157, Sec. 3(a), amended subsec. (s)

generally, completely revising definition of "enterprise engaged in

commerce or in the production of goods for commerce".

1985 - Subsec. (e)(1). Pub. L. 99-150, Sec. 4(a)(1), substituted

"paragraphs (2), (3), and (4)" for "paragraphs (2) and (3)".

Subsec. (e)(2)(C)(ii). Pub. L. 99-150, Sec. 5, struck out "or" at

end of subcl. (III), struck out "who" in subcl. (IV) before "is

an", substituted ", or" for period at end of subcl. (IV), and added

subcl. (V).

Subsec. (e)(4). Pub. L. 99-150, Sec. 4(a)(2), added par. (4).

1977 - Subsec. (m). Pub. L. 95-151, Sec. 3(b), substituted "45

per centum" for "50 per centum", effective Jan. 1, 1979, and "40

per centum" for "45 per centum", effective Jan. 1, 1980.

Subsec. (s). Pub. L. 95-151, Sec. 9(a)-(c), in par. (1) inserted

exception for enterprises comprised exclusively of retail or

service establishments and described in par. (2), added par. (2),

redesignated former pars. (2) to (5) as (3) to (6), respectively,

and in text following par. (6), as so redesignated, inserted

provisions relating to coverage of retail or service establishments

subject to section 206(a)(1) of this title on June 30, 1978, and

provisions relating to violations of such coverage requirements.

Subsec. (t). Pub. L. 95-151, Sec. 3(a), substituted "$30" for

"$20".

1974 - Subsec. (d). Pub. L. 93-259, Sec. 6(a)(1), redefined

"employer" to include a public agency and struck out text which

excluded from such term the United States or any State or political

subdivision of a State (except with respect to employees of a

State, or a political subdivision thereof, employed (1) in a

hospital, institution, or school referred to in last sentence of

subsec. (r) of this section, or (2) in the operation of a railway

or carrier referred to in such sentence).

Subsec. (e). Pub. L. 93-259, Sec. 6(a)(2), in revising definition

of "employee", incorporated existing introductory text in

provisions designated as par. (1), inserting exception provision;

added par. (2); incorporated existing cl. (1) in provisions

designated as par. (3); and struck out former cl. (2) excepting

from "employee", "any individual who is employed by an employer

engaged in agriculture if such individual (A) is employed as a hand

harvest laborer and is paid on a piece rate basis in an operation

which has been, and is customarily and generally recognized as

having been, paid on a piece rate basis in the region of

employment, (B) commutes daily from his permanent residence to the

farm on which he is so employed, and (C) has been engaged in

agriculture less than thirteen weeks during the preceding calendar

year".

Subsec. (h). Pub. L. 93-259, Sec. 6(a)(3), substituted "other

activity, or branch or group thereof" for "branch thereof, or group

of industries".

Subsec. (m). Pub. L. 93-259, Sec. 13(e), substituted in provision

respecting wage of tipped employee "the amount of the increase on

account of tips determined by the employer may not exceed the value

of tips actually received by the employee" for "in the case of an

employee who (either himself or acting through his representative)

shows to the satisfaction of the Secretary that the actual amount

of tips received by him was less than the amount determined by the

employer as the amount by which the wage paid him was deemed to be

increased under this sentence, the amount paid such employee by his

employer shall be deemed to have been increased by such lesser

amount" and inserted "The previous sentence shall not apply with

respect to any tipped employee unless (1) such employee has been

informed by the employer of the provisions of this subsection, and

(2) all tips received by such employee have been retained by the

employee, except that this subsection shall not be construed to

prohibit the pooling of tips among employees who customarily and

regularly receive tips."

Subsec. (r)(3). Pub. L. 93-259, Sec. 6(a)(4), added par. (3).

Subsec. (s). Pub. L. 93-259, Sec. 6(a)(5), in first sentence

substituted preceding par. (1) "or employees handling, selling, or

otherwise working on goods or materials" for "including employees

handling, selling, or otherwise working on goods" and added par.

(5), and inserted third sentence deeming employees of an enterprise

which is a public agency to be employees engaged in commerce, or in

production of goods for commerce, or employees handling, selling,

or otherwise working on goods or materials that have been moved in

or produced for commerce.

Subsec. (x). Pub. L. 93-259, Sec. 6(a)(6), added subsec. (x).

1972 - Subsecs. (r)(1), (s)(4). Pub. L. 92-318, Sec. 906(b)(2),

(3), inserted reference to a preschool.

1966 - Subsec. (d). Pub. L. 89-601, Sec. 102(b), expanded

definition of employer to include a State or a political

subdivision thereof with respect to employees in a hospital,

institution, or school referred to in last sentence of subsec. (r)

of this section, or in the operation of a railway or carrier

referred to in such sentence.

Subsec. (e). Pub. L. 89-601, Sec. 103(a), excluded from

definition of "employee," when that term is used in definition of

"man-day," any agricultural employee who is the parent, spouse,

child, or other member of his employer's immediate family and any

agricultural hand harvest laborer, paid on a piece rate basis, who

commutes daily from his permanent residence to the farm on which he

is so employed, and who has been employed in agriculture less than

13 weeks during the preceding calendar year.

Subsec. (m). Pub. L. 89-601, Sec. 101(a), inserted provisions for

determining the wage of a tipped employee.

Subsec. (n). Pub. L. 89-601, Sec. 215(a), struck out provision

which directed that definition of "resale" was not applicable when

"resale" was used in subsection (s)(1) of this section.

Subsec. (r). Pub. L. 89-601, Sec. 102(a), extended activities

performed for a business purpose to include activities in the

operation of hospitals, institutions for the sick, aged, or

mentally ill or defective, schools for the handicapped, elementary

and secondary schools, institutions of higher learning, or street,

suburban, or interurban electric railway or local trolley or

motorbus carriers if subject to regulation by a State or local

agency regardless of whether public or private or whether operated

for profit or not for profit.

Subsec. (s). Pub. L. 89-601, Sec. 102(c), removed gross annual

business level tests of $1,000,000 for retail and service

enterprises, street, suburban, or interurban electric railways or

local trolley or motorbus carriers, and brought within the coverage

of the gross annual business test all enterprises having employees

engaged in commerce in the production of goods for commerce,

including employees handling, selling, or otherwise working on

goods that have been moved in or produced for commerce, lowered the

minimum gross annual volume test for covered enterprises from

$1,000,000 to $500,000 for the period from Feb. 1, 1967, through

Jan. 31, 1969, and to $250,000 for the period after Jan. 31, 1969,

retained the $250,000 annual gross volume test for coverage of

gasoline service establishments, and expanded coverage to include

laundering or cleaning services, construction or reconstruction

activities, or operation of hospitals, certain institutions for the

care of the sick, aged, or mentally ill, certain special schools,

and institutions of higher learning regardless of annual gross

volume.

Subsec. (t). Pub. L. 89-601, Sec. 101(b), added subsec. (t).

Subsec. (u). Pub. L. 89-601, Sec. 103(b), added subsec. (u).

Subsecs. (v), (w). Pub. L. 89-601, Sec. 102(d), added subsecs.

(v) and (w).

1961 - Subsec. (m). Pub. L. 87-30, Sec. 2(a), provided for

exclusion from wages under a collective-bargaining agreement the

cost of board, lodging, or other facilities and authorized the

Secretary to determine the fair value of board, lodging, or other

facilities for defined classes of employees in defined areas to be

used in lieu of actual cost.

Subsec. (n). Pub. L. 87-30, Sec. 2(b), inserted ", except as used

in subsection (s)(1) of this section,".

Subsecs. (p) to (s). Pub. L. 87-30, Sec. 2(c), added subsecs. (p)

to (s).

1949 - Subsec. (b). Act Oct. 26, 1949, Sec. 3(a), substituted

"between" for "from" after "States or", and "and" for "to" before

"any place".

Subsec. (j). Act Oct. 26, 1949, Sec. 3(b), inserted "closely

related" before "process" and substituted "directly essential" for

"necessary" after "occupation".

Subsec. (l)(1). Act Oct. 26, 1949, Sec. 3(c), included parental

employment of a child under 16 years of age in an occupation found

by the Secretary of Labor to be hazardous for children between the

ages of 16 and 18 years, in definition of oppressive child labor.

Subsecs. (n), (o). Act Oct. 26, 1949, Sec. 3(d), added subsecs.

(n) and (o).

CONSTRUCTION OF 1999 AMENDMENT

Pub. L. 106-151, Sec. 2, Dec. 9, 1999, 113 Stat. 1731, provided

that: "The amendment made by section 1 [amending this section]

shall not be construed to reduce or substitute for compensation

standards: (1) contained in any existing or future agreement or

memorandum of understanding reached through collective bargaining

by a bona fide representative of employees in accordance with the

laws of a State or political subdivision of a State; and (2) which

result in compensation greater than the compensation available to

employees under the overtime exemption under section 7(k) of the

Fair Labor Standards Act of 1938 [29 U.S.C. 207(k)]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 3(e) of Pub. L. 101-157 provided that: "The amendments

made by this section [amending this section and section 213 of this

title] shall become effective on April 1, 1990."

Section 5 of Pub. L. 101-157 provided that the amendment made by

that section is effective Apr. 1, 1990.

EFFECTIVE DATE OF 1985 AMENDMENT; PROMULGATION OF REGULATIONS

Section 6 of Pub. L. 99-150 provided that: "The amendments made

by this Act [amending this section and sections 207 and 211 of this

title and enacting provisions set out as notes under this section

and sections 201, 207, 215, and 216 of this title] shall take

effect April 15, 1986. The Secretary of Labor shall before such

date promulgate such regulations as may be required to implement

such amendments."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 3(a) of Pub. L. 95-151 provided that the amendment made

by that section is effective Jan. 1, 1978.

Section 3(b)(1) of Pub. L. 95-151 provided that the amendment

made by that section, reducing the maximum percentage of the

minimum wage used in determining tips as wages from 50 to 45 per

centum, is effective Jan. 1, 1979.

Section 3(b)(2) of Pub. L. 95-151 provided that the amendment

made by that section, reducing the maximum percentage of the

minimum wage used in determining tips as wages from 45 to 40 per

centum, is effective Jan. 1, 1980.

Section 15(a), (b) of Pub. L. 95-151 provided that:

"(a) Except as provided in sections 3, 14, and subsection (b) of

this section, the amendments made by this Act [amending sections

206, 208, 213, and 216 of this title and enacting provisions set

out as a note under section 204 of this title] shall take effect

January 1, 1978.

"(b) The amendments made by sections 8, 9, 11, 12, and 13

[amending this section and sections 213 and 214 of this title]

shall take effect on the date of the enactment of this Act [Nov. 1,

1977]."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 602 of Pub. L. 89-601 provided in part that: "Except as

otherwise provided in this Act, the amendments made by this Act

[amending this section and sections 206, 207, 213, 214, 216, 218,

and 255 of this title] shall take effect on February 1, 1967."

EFFECTIVE DATE OF 1961 AMENDMENT

Section 14 of Pub. L. 87-30 provided that: "The amendments made

by this Act [amending this section and sections 204 to 208, 212 to

214, 216, and 217 of this title] shall take effect upon the

expiration of one hundred and twenty days after the date of its

enactment [May 5, 1961], except as otherwise provided in such

amendments and except that the authority to promulgate necessary

rules, regulations, or orders with regard to amendments made by

this Act, under the Fair Labor Standards Act of 1938 and amendments

thereto [this chapter], including amendments made by this Act, may

be exercised by the Secretary on and after the date of enactment of

this Act [May 5, 1961]."

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (l), "Secretary of Labor" substituted for "Chief of

the Children's Bureau in the Department of Labor" and for "Chief of

the Children's Bureau" pursuant to Reorg. Plan No. 2 of 1946, Sec.

1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, set out in

the Appendix to Title 5, Government Organization and Employees,

which transferred functions of Children's Bureau and its Chief

under sections 201 to 216 and 217 to 219 of this title to Secretary

of Labor to be performed under his direction and control by such

officers and employees of Department of Labor as he designates.

-MISC2-

PRESERVATION OF COVERAGE

Section 3(b) of Pub. L. 101-157 provided that:

"(1) In general. - Any enterprise that on March 31, 1990, was

subject to section 6(a)(1) of the Fair Labor Standards Act of 1938

(29 U.S.C. 206(a)(1)) and that because of the amendment made by

subsection (a) [amending this section] is not subject to such

section shall -

"(A) pay its employees not less than the minimum wage in effect

under such section on March 31, 1990;

"(B) pay its employees in accordance with section 7 of such Act

(29 U.S.C. 207); and

"(C) remain subject to section 12 of such Act (29 U.S.C. 212).

"(2) Violations. - A violation of paragraph (1) shall be

considered a violation of section 6, 7, or 12 of the Fair Labor

Standards Act of 1938 [29 U.S.C. 206, 207, 212], as the case may

be."

VOLUNTEERS; PROMULGATION OF REGULATIONS

Section 4(b) of Pub. L. 99-150 provided that: "Not later than

March 15, 1986, the Secretary of Labor shall issue regulations to

carry out paragraph (4) of section 3(e) (as amended by subsection

(a) of this section) [29 U.S.C. 203(e)(4)]."

PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS

VOLUNTEERS PRIOR TO APRIL 15, 1986; LIABILITY

Section 4(c) of Pub. L. 99-150 provided that: "If, before April

15, 1986, the practice of a public agency was to treat certain

individuals as volunteers, such individuals shall until April 15,

1986, be considered, for purposes of the Fair Labor Standards Act

of 1938 [this chapter], as volunteers and not as employees. No

public agency which is a State, a political subdivision of a State,

or an interstate governmental agency shall be liable for a

violation of section 6 [29 U.S.C. 206] occurring before April 15,

1986, with respect to services deemed by that agency to have been

performed for it by an individual on a voluntary basis."

STATUS OF BAGGERS AT COMMISSARY OF MILITARY DEPARTMENT

Pub. L. 95-485, title VIII, Sec. 819, Oct. 20, 1978, 92 Stat.

1626, provided that: "Notwithstanding any other provision of law,

an individual who performs bagger or carryout service for patrons

of a commissary of a military department may not be considered to

be an employee for purposes of the Fair Labor Standards Act of 1938

[this chapter] by virtue of such service if the sole compensation

of such individual for such service is derived from tips."

ADMINISTRATIVE ACTION BY SECRETARY OF LABOR WITH REGARD TO

IMPLEMENTATION OF FAIR LABOR STANDARDS AMENDMENTS OF 1977

Section 15(c) of Pub. L. 95-151 provided that: "On and after the

date of the enactment of this Act [Nov. 1, 1977], the Secretary of

Labor shall take such administrative action as may be necessary for

the implementation of the amendments made by this Act [See Short

Title of 1977 Amendment note set out under section 201 of this

title]."

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Section 602 of Pub. L. 89-601 provided in part that: "On and

after the date of the enactment of this Act [Sept. 23, 1966] the

Secretary is authorized to promulgate necessary rules, regulations,

or orders with regard to the amendments made by this Act [see Short

Title of 1966 Amendment note set out under section 201 of this

title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1802, 2001, 2611 of this

title; title 8 sections 1101, 1186; title 26 section 45B; title 49

sections 3101, 31501.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "in".

-End-

-CITE-

29 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 204. Administration

-STATUTE-

(a) Creation of Wage and Hour Division in Department of Labor;

Administrator

There is created in the Department of Labor a Wage and Hour

Division which shall be under the direction of an Administrator, to

be known as the Administrator of the Wage and Hour Division (in

this chapter referred to as the "Administrator"). The Administrator

shall be appointed by the President, by and with the advice and

consent of the Senate.

(b) Appointment, selection, classification, and promotion of

employees by Administrator

The Administrator may, subject to the civil-service laws, appoint

such employees as he deems necessary to carry out his functions and

duties under this chapter and shall fix their compensation in

accordance with chapter 51 and subchapter III of chapter 53 of

title 5. The Administrator may establish and utilize such regional,

local, or other agencies, and utilize such voluntary and

uncompensated services, as may from time to time be needed.

Attorneys appointed under this section may appear for and represent

the Administrator in any litigation, but all such litigation shall

be subject to the direction and control of the Attorney General. In

the appointment, selection, classification, and promotion of

officers and employees of the Administrator, no political test or

qualification shall be permitted or given consideration, but all

such appointments and promotions shall be given and made on the

basis of merit and efficiency.

(c) Principal office of Administrator; jurisdiction

The principal office of the Administrator shall be in the

District of Columbia, but he or his duly authorized representative

may exercise any or all of his powers in any place.

(d) Biennial report to Congress; studies of exemptions to hour and

wage provisions and means to prevent curtailment of employment

opportunities

(1) The Secretary shall submit biennially in January a report to

the Congress covering his activities for the preceding two years

and including such information, data, and recommendations for

further legislation in connection with the matters covered by this

chapter as he may find advisable. Such report shall contain an

evaluation and appraisal by the Secretary of the minimum wages and

overtime coverage established by this chapter, together with his

recommendations to the Congress. In making such evaluation and

appraisal, the Secretary shall take into consideration any changes

which may have occurred in the cost of living and in productivity

and the level of wages in manufacturing, the ability of employers

to absorb wage increases, and such other factors as he may deem

pertinent. Such report shall also include a summary of the special

certificates issued under section 214(b) of this title.

(2) The Secretary shall conduct studies on the justification or

lack thereof for each of the special exemptions set forth in

section 213 of this title, and the extent to which such exemptions

apply to employees of establishments described in subsection (g) of

such section and the economic effects of the application of such

exemptions to such employees. The Secretary shall submit a report

of his findings and recommendations to the Congress with respect to

the studies conducted under this paragraph not later than January

1, 1976.

(3) The Secretary shall conduct a continuing study on means to

prevent curtailment of employment opportunities for manpower groups

which have had historically high incidences of unemployment (such

as disadvantaged minorities, youth, elderly, and such other groups

as the Secretary may designate). The first report of the results of

such study shall be transmitted to the Congress not later than one

year after the effective date of the Fair Labor Standards

Amendments of 1974. Subsequent reports on such study shall be

transmitted to the Congress at two-year intervals after such

effective date. Each such report shall include suggestions

respecting the Secretary's authority under section 214 of this

title.

(e) Study of effects of foreign production on unemployment; report

to President and Congress

Whenever the Secretary has reason to believe that in any industry

under this chapter the competition of foreign producers in United

States markets or in markets abroad, or both, has resulted, or is

likely to result, in increased unemployment in the United States,

he shall undertake an investigation to gain full information with

respect to the matter. If he determines such increased unemployment

has in fact resulted, or is in fact likely to result, from such

competition, he shall make a full and complete report of his

findings and determinations to the President and to the Congress:

Provided, That he may also include in such report information on

the increased employment resulting from additional exports in any

industry under this chapter as he may determine to be pertinent to

such report.

(f) Employees of Library of Congress; administration of provisions

by Office of Personnel Management

The Secretary is authorized to enter into an agreement with the

Librarian of Congress with respect to individuals employed in the

Library of Congress to provide for the carrying out of the

Secretary's functions under this chapter with respect to such

individuals. Notwithstanding any other provision of this chapter,

or any other law, the Director of the Office of Personnel

Management is authorized to administer the provisions of this

chapter with respect to any individual employed by the United

States (other than an individual employed in the Library of

Congress, United States Postal Service, Postal Rate Commission, or

the Tennessee Valley Authority). Nothing in this subsection shall

be construed to affect the right of an employee to bring an action

for unpaid minimum wages, or unpaid overtime compensation, and

liquidated damages under section 216(b) of this title.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 4, 52 Stat. 1061; Oct. 26, 1949, ch.

736, Sec. 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, Sec.

1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, Sec. 2, 69 Stat.

711; Pub. L. 87-30, Sec. 3, May 5, 1961, 75 Stat. 66; Pub. L.

93-259, Secs. 6(b), 24(c), 27, Apr. 8, 1974, 88 Stat. 60, 72, 73;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783; Pub. L. 104-66, title I, Sec. 1102(a), Dec. 21,

1995, 109 Stat. 722.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (b), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The effective date of the Fair Labor Standards Amendments of

1974, referred to in subsec. (d)(3), is the effective date of Pub.

L. 93-259, which is May 1, 1974, except as otherwise specifically

provided, see section 29(a) of Pub. L. 93-259, set out as an

Effective Date of 1974 Amendment note under section 202 of this

title.

-COD-

CODIFICATION

In subsec. (a), provisions that prescribed the compensation of

the Administrator were omitted to conform to the provisions of the

Executive Schedule. See section 5316 of Title 5, Government

Organization and Employees.

In subsec. (b), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC1-

AMENDMENTS

1995 - Subsec. (d)(1). Pub. L. 104-66 in first sentence

substituted "biennially" and "preceding two years" for "annually"

and "preceding year", respectively.

1974 - Subsec. (d)(1). Pub. L. 93-259, Secs. 24(c), 27(1), (2),

inserted provision at end of subsec. (d) requiring the report to

Congress to include a summary of the special certificates issued

under section 214(b) of this title, designated subsec. (d)

provisions as subsec. (d)(1), and required the report to contain an

evaluation and appraisal of overtime coverage established by this

chapter, respectively.

Subsec. (d)(2), (3). Pub. L. 93-259, Sec. 27(3), added pars. (2)

and (3).

Subsec. (f). Pub. L. 93-259, Sec. 6(b), added subsec. (f).

1961 - Subsec. (e). Pub. L. 87-30 added subsec. (e).

1955 - Subsec. (d). Act Aug. 12, 1955, required an evaluation and

appraisal by the Secretary of the minimum wages, together with his

recommendations to Congress, to be included in the annual report.

1949 - Subsec. (b). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

Subsec. (a). Act Oct. 26, 1949, increased compensation of

Administrator to $15,000.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective Oct. 26, 1949, see

section 16(a) of act Oct. 26, 1949, set out as a note under section

202 of this title.

REPEALS

Acts Oct. 26, 1949, ch. 736, Sec. 4, 63 Stat. 911, and Oct. 28,

1949, ch. 782, cited as a credit to this section, were repealed

(subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,

Sec. 8, 80 Stat. 632, 655.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under paragraphs (1) and (3) of subsec. (d)

of this section are listed on page 124), see section 3003 of Pub.

L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by subsecs. (d)(1) and (f) of this section in

Secretary of Labor and Civil Service Commission transferred to

Equal Employment Opportunity Commission by Reorg. Plan No. 1 of

1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix

to Title 5, Government Organization and Employees, effective Jan.

1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec.

28, 1978, 44 F.R. 1053.

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (f), pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred all functions vested by statute in

United States Civil Service Commission to Director of the Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

-MISC2-

MINIMUM WAGE STUDY COMMISSION; ESTABLISHMENT, PURPOSES,

COMPOSITION, ETC.

Pub. L. 95-151, Sec. 2(e), Nov. 1, 1977, 91 Stat. 1246, provided

for the establishment, purposes, composition, etc., of the Minimum

Wage Study Commission, the submission of reports, with the latest

report being submitted to the President and Congress thirty six

months after the date of the appointment of the members of the

Commission and such appointments being made within 180 days after

Nov. 1, 1977, and the Commission to cease to exist thirty days

after submission of the report.

-CROSS-

DEFINITION OF "SECRETARY"

Section 6 of act Aug. 12, 1955, provided that: "The term

'Secretary' as used in this Act and in amendments made by this Act

[amending this section and sections 205, 206, 208, and 210 of this

title] means the Secretary of Labor."

-End-

-CITE-

29 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 205. Special industry committees for American Samoa

-STATUTE-

(a) Establishment; residents as members of committees

The Administrator shall as soon as practicable appoint a special

industry committee to recommend the minimum rate or rates of wages

to be paid under section 206 of this title to employees in American

Samoa engaged in commerce or in the production of goods for

commerce or employed in any enterprise engaged in commerce or in

the production of goods for commerce or the Administrator may

appoint separate industry committees to recommend the minimum rate

or rates of wages to be paid under said section to employees

therein engaged in commerce or in the production of goods for

commerce or employed in any enterprise engaged in commerce or in

the production of goods for commerce in particular industries. An

industry committee appointed under this subsection shall be

composed of residents of American Samoa where the employees with

respect to whom such committee was appointed are employed and

residents of the United States outside of American Samoa. In

determining the minimum rate or rates of wages to be paid, and in

determining classifications, such industry committees shall be

subject to the provisions of section 208 of this title.

(b) Appointment of committee without regard to other laws

pertaining to the appointment and compensation of employees of

the United States; composition of committees

An industry committee shall be appointed by the Administrator

without regard to any other provisions of law regarding the

appointment and compensation of employees of the United States. It

shall include a number of disinterested persons representing the

public, one of whom the Administrator shall designate as chairman,

a like number of persons representing employees in the industry,

and a like number representing employers in the industry. In the

appointment of the persons representing each group, the

Administrator shall give due regard to the geographical regions in

which the industry is carried on.

(c) Quorum; compensation; employees

Two-thirds of the members of an industry committee shall

constitute a quorum, and the decision of the committee shall

require a vote of not less than a majority of all its members.

Members of an industry committee shall receive as compensation for

their services a reasonable per diem, which the Administrator shall

by rules and regulations prescribe, for each day actually spent in

the work of the committee, and shall in addition be reimbursed for

their necessary traveling and other expenses. The Administrator

shall furnish the committee with adequate legal, stenographic,

clerical, and other assistance, and shall by rules and regulations

prescribe the procedure to be followed by the committee.

(d) Submission of data to committees

The Administrator shall submit to an industry committee from time

to time such data as he may have available on the matters referred

to it, and shall cause to be brought before it in connection with

such matters any witnesses whom he deems material. An industry

committee may summon other witnesses or call upon the Administrator

to furnish additional information to aid it in its deliberations.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 5, 52 Stat. 1062; June 26, 1940, ch.

432, Sec. 3(c), 54 Stat. 615; Oct. 26, 1949, ch. 736, Sec. 5, 63

Stat. 911; Aug. 12, 1955, ch. 867, Sec. 5(a), 69 Stat. 711; Pub. L.

87-30, Sec. 4, May 5, 1961, 75 Stat. 67; Pub. L. 93-259, Sec. 5(a),

Apr. 8, 1974, 88 Stat. 56; Pub. L. 101-157, Sec. 4(a), Nov. 17,

1989, 103 Stat. 939.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-157, Sec. 4(a)(4), substituted "American

Samoa" for "Puerto Rico and the Virgin Islands" in section

catchline.

Subsec. (a). Pub. L. 101-157, Sec. 4(a)(1), (2), substituted

"American Samoa engaged" for "Puerto Rico or the Virgin Islands, or

in Puerto Rico and the Virgin Islands, engaged", "American Samoa

where" for "such island or islands where", and "American Samoa."

for "Puerto Rico and the Virgin Islands."

Subsec. (e). Pub. L. 101-157, Sec. 4(a)(3), struck out subsec.

(e) which related to the application of sections 206 and 208 to

employees in Puerto Rico or the Virgin Islands.

1974 - Subsec. (e). Pub. L. 93-259 added subsec. (e).

1961 - Subsec. (a). Pub. L. 87-30 inserted "or employed in any

enterprise engaged in commerce or in the production of goods for

commerce" after "production of goods for commerce" in two places.

1955 - Subsec. (a). Act Aug. 12, 1955, struck out provisions

which subjected the Administrator to provisions of section 208 of

this title in determination of minimum rates of wages and

classifications.

1949 - Act Oct. 26, 1949, amended section generally, making it

applicable only to Puerto Rico and the Virgin Islands.

1940 - Subsec. (e). Joint Res. June 26, 1940, added subsec. (e).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 208 of this title.

-End-

-CITE-

29 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 206. Minimum wage

-STATUTE-

(a) Employees engaged in commerce; home workers in Puerto Rico and

Virgin Islands; employees in American Samoa; seamen on American

vessels; agricultural employees

Every employer shall pay to each of his employees who in any

workweek is engaged in commerce or in the production of goods for

commerce, or is employed in an enterprise engaged in commerce or in

the production of goods for commerce, wages at the following rates:

(1) except as otherwise provided in this section, not less than

$4.25 an hour during the period ending on September 30, 1996, not

less than $4.75 an hour during the year beginning on October 1,

1996, and not less than $5.15 an hour beginning September 1,

1997;

(2) if such employee is a home worker in Puerto Rico or the

Virgin Islands, not less than the minimum piece rate prescribed

by regulation or order; or, if no such minimum piece rate is in

effect, any piece rate adopted by such employer which shall

yield, to the proportion or class of employees prescribed by

regulation or order, not less than the applicable minimum hourly

wage rate. Such minimum piece rates or employer piece rates shall

be commensurate with, and shall be paid in lieu of, the minimum

hourly wage rate applicable under the provisions of this section.

The Administrator, or his authorized representative, shall have

power to make such regulations or orders as are necessary or

appropriate to carry out any of the provisions of this paragraph,

including the power without limiting the generality of the

foregoing, to define any operation or occupation which is

performed by such home work employees in Puerto Rico or the

Virgin Islands; to establish minimum piece rates for any

operation or occupation so defined; to prescribe the method and

procedure for ascertaining and promulgating minimum piece rates;

to prescribe standards for employer piece rates, including the

proportion or class of employees who shall receive not less than

the minimum hourly wage rate; to define the term "home worker";

and to prescribe the conditions under which employers, agents,

contractors, and subcontractors shall cause goods to be produced

by home workers;

(3) if such employee is employed in American Samoa, in lieu of

the rate or rates provided by this subsection or subsection (b)

of this section, not less than the applicable rate established by

the Secretary of Labor in accordance with recommendations of a

special industry committee or committees which he shall appoint

pursuant to sections 205 and 208 of this title. The minimum wage

rate thus established shall not exceed the rate prescribed in

paragraph (1) of this subsection;

(4) if such employee is employed as a seaman on an American

vessel, not less than the rate which will provide to the

employee, for the period covered by the wage payment, wages equal

to compensation at the hourly rate prescribed by paragraph (1) of

this subsection for all hours during such period when he was

actually on duty (including periods aboard ship when the employee

was on watch or was, at the direction of a superior officer,

performing work or standing by, but not including off-duty

periods which are provided pursuant to the employment agreement);

or

(5) if such employee is employed in agriculture, not less than

the minimum wage rate in effect under paragraph (1) after

December 31, 1977.

(b) Additional applicability to employees pursuant to subsequent

amendatory provisions

Every employer shall pay to each of his employees (other than an

employee to whom subsection (a)(5) of this section applies) who in

any workweek is engaged in commerce or in the production of goods

for commerce, or is employed in an enterprise engaged in commerce

or in the production of goods for commerce, and who in such

workweek is brought within the purview of this section by the

amendments made to this chapter by the Fair Labor Standards

Amendments of 1966, title IX of the Education Amendments of 1972

[20 U.S.C. 1681 et seq.], or the Fair Labor Standards Amendments of

1974, wages at the following rate: Effective after December 31,

1977, not less than the minimum wage rate in effect under

subsection (a)(1) of this section.

(c) Repealed. Pub. L. 104-188, [title II], Sec. 2104(c), Aug. 20,

1996, 110 Stat. 1929

(d) Prohibition of sex discrimination

(1) No employer having employees subject to any provisions of

this section shall discriminate, within any establishment in which

such employees are employed, between employees on the basis of sex

by paying wages to employees in such establishment at a rate less

than the rate at which he pays wages to employees of the opposite

sex in such establishment for equal work on jobs the performance of

which requires equal skill, effort, and responsibility, and which

are performed under similar working conditions, except where such

payment is made pursuant to (i) a seniority system; (ii) a merit

system; (iii) a system which measures earnings by quantity or

quality of production; or (iv) a differential based on any other

factor other than sex: Provided, That an employer who is paying a

wage rate differential in violation of this subsection shall not,

in order to comply with the provisions of this subsection, reduce

the wage rate of any employee.

(2) No labor organization, or its agents, representing employees

of an employer having employees subject to any provisions of this

section shall cause or attempt to cause such an employer to

discriminate against an employee in violation of paragraph (1) of

this subsection.

(3) For purposes of administration and enforcement, any amounts

owing to any employee which have been withheld in violation of this

subsection shall be deemed to be unpaid minimum wages or unpaid

overtime compensation under this chapter.

(4) As used in this subsection, the term "labor organization"

means any organization of any kind, or any agency or employee

representation committee or plan, in which employees participate

and which exists for the purpose, in whole or in part, of dealing

with employers concerning grievances, labor disputes, wages, rates

of pay, hours of employment, or conditions of work.

(e) Employees of employers providing contract services to United

States

(1) Notwithstanding the provisions of section 213 of this title

(except subsections (a)(1) and (f) thereof), every employer

providing any contract services (other than linen supply services)

under a contract with the United States or any subcontract

thereunder shall pay to each of his employees whose rate of pay is

not governed by the Service Contract Act of 1965 (41 U.S.C.

351-357) or to whom subsection (a)(1) of this section is not

applicable, wages at rates not less than the rates provided for in

subsection (b) of this section.

(2) Notwithstanding the provisions of section 213 of this title

(except subsections (a)(1) and (f) thereof) and the provisions of

the Service Contract Act of 1965 [41 U.S.C. 351 et seq.] every

employer in an establishment providing linen supply services to the

United States under a contract with the United States or any

subcontract thereunder shall pay to each of his employees in such

establishment wages at rates not less than those prescribed in

subsection (b) of this section, except that if more than 50 per

centum of the gross annual dollar volume of sales made or business

done by such establishment is derived from providing such linen

supply services under any such contracts or subcontracts, such

employer shall pay to each of his employees in such establishment

wages at rates not less than those prescribed in subsection (a)(1)

of this section.

(f) Employees in domestic service

Any employee -

(1) who in any workweek is employed in domestic service in a

household shall be paid wages at a rate not less than the wage

rate in effect under subsection (b) of this section unless such

employee's compensation for such service would not because of

section 209(a)(6) of the Social Security Act [42 U.S.C.

409(a)(6)] constitute wages for the purposes of title II of such

Act [42 U.S.C. 401 et seq.], or

(2) who in any workweek -

(A) is employed in domestic service in one or more

households, and

(B) is so employed for more than 8 hours in the aggregate,

shall be paid wages for such employment in such workweek at a rate

not less than the wage rate in effect under subsection (b) of this

section.

(g) Newly hired employees who are less than 20 years old

(1) In lieu of the rate prescribed by subsection (a)(1) of this

section, any employer may pay any employee of such employer, during

the first 90 consecutive calendar days after such employee is

initially employed by such employer, a wage which is not less than

$4.25 an hour.

(2) No employer may take any action to displace employees

(including partial displacements such as reduction in hours, wages,

or employment benefits) for purposes of hiring individuals at the

wage authorized in paragraph (1).

(3) Any employer who violates this subsection shall be considered

to have violated section 215(a)(3) of this title.

(4) This subsection shall only apply to an employee who has not

attained the age of 20 years.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 6, 52 Stat. 1062; June 26, 1940, ch.

432, Sec. 3(e), (f), 54 Stat. 616; Oct. 26, 1949, ch. 736, Sec. 6,

63 Stat. 912; Aug. 12, 1955, ch. 867, Sec. 3, 69 Stat. 711; Aug. 8,

1956, ch. 1035, Sec. 2, 70 Stat. 1118; Pub. L. 87-30, Sec. 5, May

5, 1961, 75 Stat. 67; Pub. L. 88-38, Sec. 3, June 10, 1963, 77

Stat. 56; Pub. L. 89-601, title III, Secs. 301-305, Sept. 23, 1966,

80 Stat. 838, 839, 841; Pub. L. 93-259, Secs. 2-4, 5(b), 7(b)(1),

Apr. 8, 1974, 88 Stat. 55, 56, 62; Pub. L. 95-151, Sec.

2(a)-(d)(2), Nov. 1, 1977, 91 Stat. 1245, 1246; Pub. L. 101-157,

Secs. 2, 4(b), Nov. 17, 1989, 103 Stat. 938, 940; Pub. L. 101-239,

title X, Sec. 10208(d)(2)(B)(i), Dec. 19, 1989, 103 Stat. 2481;

Pub. L. 104-188, [title II], Secs. 2104(b), (c), 2105(c), Aug. 20,

1996, 110 Stat. 1928, 1929.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Amendments of 1966, referred to in

subsec. (b), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For

complete classification of this Act to the Code, see Short Title of

1966 Amendment note set out under section 201 of this title and

Tables.

The Education Amendments of 1972, referred to in subsec. (b), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of Title 20, Education. For complete classification of

title IX to the Code, see Short Title note set out under section

1681 of Title 20 and Tables.

The Fair Labor Standards Amendments of 1974, referred to in

subsec. (b), is Pub. L. 93-259, Apr. 8, 1974, 88 Stat. 55. For

complete classification of this Act to the Code, see Short Title of

1974 Amendment note set out under section 201 of this title and

Tables.

The Service Contract Act of 1965, referred to in subsec. (e)(1),

(2), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended,

which is classified generally to chapter 6 (Sec. 351 et seq.) of

Title 41, Public Contracts. For complete classification of this Act

to the Code, see Short Title note set out under section 351 of

Title 41 and Tables.

The Social Security Act, referred to in subsec. (f)(1), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of such

Act is classified generally to subchapter II (Sec. 401 et seq.) of

chapter 7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-188, Sec. 2104(b), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"except as otherwise provided in this section, not less than $3.35

an hour during the period ending March 31, 1990, not less than

$3.80 an hour during the year beginning April 1, 1990, and not less

than $4.25 an hour after March 31, 1991;".

Subsec. (c). Pub. L. 104-188, Sec. 2104(c), struck out subsec.

(c) which related to employees in Puerto Rico.

Subsec. (g). Pub. L. 104-188, Sec. 2105(c), added subsec. (g).

1989 - Subsec. (a)(1). Pub. L. 101-157, Sec. 2, amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "not less

than $2.65 an hour during the year beginning January 1, 1978, not

less than $2.90 an hour during the year beginning January 1, 1979,

not less than $3.10 an hour during the year beginning January 1,

1980, and not less than $3.35 an hour after December 31, 1980,

except as otherwise provided in this section;".

Subsec. (a)(3). Pub. L. 101-157, Sec. 4(b)(1), substituted

"pursuant to sections 205 and 208 of this title" for "in the same

manner and pursuant to the same provisions as are applicable to the

special industry committees provided for Puerto Rico and the Virgin

Islands by this chapter as amended from time to time. Each such

committee shall have the same powers and duties and shall apply the

same standards with respect to the application of the provisions of

this chapter to employees employed in American Samoa as pertain to

special industry committees established under section 205 of this

title with respect to employees employed in Puerto Rico or the

Virgin Islands".

Subsec. (c). Pub. L. 101-157, Sec. 4(b)(2), amended subsec. (c)

generally, substituting provisions relating to the application of

wage rates under subsec. (a)(1) to employees in Puerto Rico for

provisions relating to the superseding of subsec. (a)(1) wage rates

by wage orders of a special industry committee for employees in

Puerto Rico and the Virgin Islands.

Subsec. (f)(1). Pub. L. 101-239 substituted "209(a)(6)" for

"209(g)".

1977 - Subsec. (a)(1). Pub. L. 95-151, Sec. 2(a), substituted

"not less than $2.65 an hour during the year beginning January 1,

1978, not less than $2.90 an hour during the year beginning January

1, 1979, not less than $3.10 an hour during the year beginning

January 1, 1980, and not less than $3.35 an hour after December 1,

1980" for "not less than $2 an hour during the period ending

December 31, 1974, not less than $2.10 an hour during the year

beginning January 1, 1975, and not less than $2.30 an hour after

December 31, 1975".

Subsec. (a)(5). Pub. L. 95-151, Sec. 2(b), substituted provisions

for a minimum wage rate of not less than the minimum wage rate in

effect under par. (1) after Dec. 31, 1977, for provisions for a

minimum wage rate of not less than $1.60 an hour during the period

ending Dec. 31, 1974, $1.80 an hour during the year beginning Jan.

1, 1975, $2 an hour during the year beginning Jan. 1, 1976, $2.20

an hour during the year beginning Jan. 1, 1977, and $2.30 an hour

after Dec. 31, 1977.

Subsec. (b). Pub. L. 95-151, Sec. 2(c), substituted provisions

for a minimum wage rate, effective after Dec. 31, 1977, of not less

than the minimum wage rate in effect under subsec. (a)(1) of this

section, for provisions for a minimum wage rate of not less than

$1.90 an hour during the period ending Dec. 31, 1974, not less than

$2 an hour during the year beginning Jan. 1, 1975, not less than

$2.20 an hour during the year beginning Jan. 1, 1976, and not less

than $2.30 an hour after Dec. 31, 1976.

Subsec. (c)(1). Pub. L. 95-151, Sec. 2(d)(2)(A), inserted "(A)"

before "heretofore" and cl. (B), and substituted "subsection

(a)(1)" for "subsections (a) and (b)".

Subsec. (c)(2). Pub. L. 95-151, Sec. 2(d)(1), added par. (2).

Former par. (2), relating to applicability, etc., of wage rate

orders effective on the effective date of the Fair Labor Standards

Amendments of 1974, and effective on the first day of the second

and each subsequent year after such date, was struck out.

Subsec. (c)(3). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (C),

redesignated par. (5) as (3) and substituted references to subsec.

(a)(1) of this section, for references to subsec. (a) or (b) of

this section. Former par. (3), relating to appointment of a special

industry committee for recommendations with respect to highest

minimum wage rates for employees employed in Puerto Rico or the

Virgin Islands subject to the amendments to this chapter by the

Fair Labor Standards Amendments of 1974, was struck out.

Subsec. (c)(4). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (D),

redesignated par. (6) as (4) and struck out "or (3)" after "(2)".

Former par. (4), relating to wage rates of employees in Puerto Rico

or the Virgin Islands subject to the former provisions of subsec.

(c)(2)(A) or (3) of this section, was struck out.

Subsec. (c)(5), (6). Pub. L. 95-151, Sec. 2(d)(2)(B),

redesignated pars. (5) and (6) as (3) and (4), respectively.

1974 - Subsec. (a)(1). Pub. L. 93-259, Sec. 2, substituted "not

less than $2 an hour during the period ending December 31, 1974,

not less than $2.10 an hour during the year beginning January 1,

1975, and not less than $2.30 an hour after December 31, 1975" for

"not less than $1.40 an hour during the first year from the

effective date of the Fair Labor Standards Amendments of 1966 and

not less than $1.60 an hour thereafter".

Subsec. (a)(5). Pub. L. 93-259, Sec. 4, substituted provisions

for a minimum wage rate not less than: $1.60 an hour during period

ending Dec. 31, 1974; $1.80, $2, and $2.20 an hour during years

beginning Jan. 1, 1975, 1976, and 1977, respectively; and $2.30 an

hour after Dec. 31, 1977 for former provisions for a minimum wage

rate not less than $1 an hour during first year from the effective

date of the Fair Labor Standards Amendments of 1966, not less than

$1.15 an hour during second year from such date, and not less than

$1.30 an hour thereafter.

Subsec. (b). Pub. L. 93-259, Sec. 3, inserted references to

"title II of the Education Amendments of 1972" and "Fair Labor

Standards Amendments of 1974" and substituted provisions for a

minimum wage rate not less than $1.90 an hour during period ending

Dec. 31, 1974; $2 and $2.20 an hour during years beginning Jan. 1,

1975, and 1976, respectively; and $2.30 an hour after Dec. 31, 1976

for former provisions for a minimum wage rate not less than: $1 an

hour during first year from effective date of Fair Labor Standards

Amendments of 1966; $1.15, $1.30, and $1.45 an hour during second,

third, and fourth years from such date; and $1.60 an hour

thereafter.

Subsec. (c)(2) to (6). Pub. L. 93-259, Sec. 5(b), added pars. (2)

to (6) and struck out former pars. (2) to (4) which had provided:

"(2) In the case of any such employee who is covered by such a

wage order and to whom the rate or rates prescribed by subsection

(a) of this section would otherwise apply, the following rates

shall apply:

"(A) The rate or rates applicable under the most recent wage

order issued by the Secretary prior to the effective date of the

Fair Labor Standards Amendments of 1966, increased by 12 per

centum, unless such rate or rates are superseded by the rate or

rates prescribed in a wage order issued by the Secretary pursuant

to the recommendations of a review committee appointed under

paragraph (C). Such rate or rates shall become effective sixty

days after the effective date of the Fair Labor Standards

Amendments of 1966 or one year from the effective date of the

most recent wage order applicable to such employee therefore

issued by the Secretary pursuant to the recommendations of a

special industry committee appointed under section 205 of this

title, whichever is later.

"(B) Beginning one year after the applicable effective date

under paragraph (A), not less than the rate or rates prescribed

by paragraph (A), increased by an amount equal to 16 per centum

of the rate or rates applicable under the most recent wage order

issued by the Secretary prior to the effective date of the Fair

Labor Standards Amendments of 1966, unless such rate or rates are

superseded by the rate or rates prescribed in a wage order issued

by the Secretary pursuant to the recommendations of a review

committee appointed under paragraph (C).

"(C) Any employer, or group of employers, employing a majority

of the employees in an industry in Puerto Rico or the Virgin

Islands, may apply to the Secretary in writing for the

appointment of a review committee to recommend the minimum rate

or rates to be paid such employees in lieu of the rate or rates

provided by paragraph (A) or (B). Any such application with

respect to any rate or rates provided for under paragraph (A)

shall be filed within sixty days following the enactment of the

Fair Labor Standards Amendments of 1966 and any such application

with respect to any rate or rates provided for under paragraph

(B) shall be filed not more than one hundred and twenty days and

not less than sixty days prior to the effective date of the

applicable rate or rates under paragraph (B). The Secretary shall

promptly consider such application and may appoint a review

committee if he has reasonable cause to believe, on the basis of

financial and other information contained in the application,

that compliance with any applicable rate or rates prescribed by

paragraph (A) or (B) will substantially curtail employment in

such industry. The Secretary's decision upon any such application

shall be final. Any wage order issued pursuant to the

recommendations of a review committee appointed under this

paragraph shall take effect on the applicable effective date

provided in paragraph (A) or (B).

"(D) In the event a wage order has not been issued pursuant to

the recommendation of a review committee prior to the applicable

effective date under paragraph (A) or (B), the applicable

percentage increase provided by any such paragraph shall take

effect on the effective date prescribed therein, except with

respect to the employees of an employer who filed an application

under paragraph (C) and who files with the Secretary an

undertaking with a surety or sureties satisfactory to the

Secretary for payment to his employees of an amount sufficient to

compensate such employees for the difference between the wages

they actually receive and the wages to which they are entitled

under this subsection. The Secretary shall be empowered to

enforce such undertaking and any sums recovered by him shall be

held on a special deposit account and shall be paid, on order of

the Secretary, directly to the employee or employees affected.

Any such sum not paid to an employee because of inability to do

so within a period of three years shall be covered into the

Treasury of the United States as miscellaneous receipts.

"(3) In the case of any such employee to whom subsection (a)(5)

or subsection (b) of this section would otherwise apply, the

Secretary shall within sixty days after the effective date of the

Fair Labor Standards Amendments of 1966 appoint a special industry

committee in accordance with section 205 of this title to recommend

the highest minimum wage rate or rates in accordance with the

standards prescribed by section 208 of this title, but not in

excess of the applicable rate provided by subsection (a)(5) or

subsection (b) of this section, to be applicable to such employee

in lieu of the rate or rates prescribed by subsection (a)(5) or

subsection (b) of this section, as the case may be. The rate or

rates recommended by the special industry committee shall be

effective with respect to such employee upon the effective date of

the wage order issued pursuant to such recommendation but not

before sixty days after the effective date of the Fair Labor

Standards Amendments of 1966.

"(4) The provisions of sections 205 and 208 of this title,

relating to special industry committees, shall be applicable to

review committees appointed under this subsection. The appointment

of a review committee shall be in addition to and not in lieu of

any special industry committee required to be appointed pursuant to

the provisions of subsection (a) of section 208 of this title,

except that no special industry committee shall hold any hearing

within one year after a minimum wage rate or rates for such

industry shall have been recommended to the Secretary by a review

committee to be paid in lieu of the rate or rates provided for

under paragraph (A) or (B). The minimum wage rate or rates

prescribed by this subsection shall be in effect only for so long

as and insofar as such minimum wage rate or rates have not been

superseded by a wage order fixing a higher minimum wage rate or

rates (but not in excess of the applicable rate prescribed in

subsection (a) or subsection (b) of this section) hereafter issued

by the Secretary pursuant to the recommendation of a special

industry committee."

Subsec. (f). Pub. L. 93-259, Sec. 7(b)(1), added subsec. (f).

1966 - Subsec. (a). Pub. L. 89-601, Sec. 301(a), inserted ", or

is employed in an enterprise engaged in commerce or in the

production of goods for commerce," in opening provisions.

Subsec. (a)(1). Pub. L. 89-601, Sec. 301(a), raised minimum wage

to not less than $1.40 an hour during first year from the effective

date of the Fair Labor Standards Amendments of 1966, and not less

than $1.60 thereafter, except as otherwise provided in this

section.

Subsec. (a)(4). Pub. L. 89-601, Sec. 301(b), added par. (4).

Subsec. (a)(5). Pub. L. 89-601, Sec. 302, added par. (5).

Subsec. (b). Pub. L. 89-601, Sec. 303, substituted provisions for

a minimum wage for employees covered for first time by the Fair

Labor Standards Amendments of 1966 (other than newly covered

agricultural employees) at not less than $1 an hour during first

year from the effective date of the 1966 amendments, not less than

$1.15 an hour during second year from such date, not less than

$1.30 an hour during third year from such date, not less than $1.45

an hour during fourth year from such date, and not less than $1.60

an hour thereafter, for provisions setting a timetable for

increases in the minimum wage of employees first covered by the

Fair Labor Standards Amendments of 1961.

Subsec. (c). Pub. L. 89-601, Sec. 304, provided for a percentage

minimum wage increase for employees in Puerto Rico and the Virgin

Islands who are covered by wage orders already in effect as the

equivalent of the percentage increase on the mainland, provided for

minimum wages for employees brought within coverage of this chapter

for the first time by the Fair Labor Standards Amendments of 1966

at rates to be set by special industry committees so as to reach as

rapidly as is economically feasible without substantially

curtailing employment the objectives of the minimum wage prescribed

for mainland employees, and eliminated the review committees that

has been established by the Fair Labor Standards Amendments of

1961.

Subsec. (e). Pub. L. 89-601, Sec. 305, added subsec. (e).

1963 - Subsec. (d). Pub. L. 88-38 added subsec. (d).

1961 - Subsec. (a). Pub. L. 87-30, Sec. 5(a)(1), inserted "in any

workweek" in opening provisions.

Subsec. (a)(1). Pub. L. 87-30, Sec. 5(a)(2), increased minimum

wage from not less than $1 an hour to not less than $1.15 an hour

during first two years from the effective date of the Fair Labor

Standards Amendments of 1961, and not less than $1.25 an hour

thereafter.

Subsec. (a)(3). Pub. L. 87-30, Sec. 5(a)(3), inserted "in lieu of

the rate or rates provided by this subsection or subsection (b) of

this section" and "as amended from time to time" and struck out

"now" before "applicable to".

Subsec. (b). Pub. L. 87-30, Sec. 5(b), added subsec. (b). Former

subsec. (b) had provided that "This section shall take effect upon

the expiration of one hundred and twenty days from June 25, 1938."

Subsec. (c). Pub. L. 87-30, Sec. 5(c), added subsec. (c). Former

subsec. (c) had provided for wage orders recommended by special

industrial committees and covering employees in Puerto Rico and the

Virgin Islands to supersede minimum wages of $1 an hour and for

continuance of wage orders in effect prior to effective date of

this chapter until superseded by wage orders recommended by the

special industrial committees.

1956 - Subsec. (a)(3). Act Aug. 8, 1956, added par. (3).

1955 - Subsec. (a)(1). Act Aug. 12, 1955, increased minimum wage

from not less than 75 cents an hour to not less than $1 an hour.

1949 - Subsec. (a). Act Oct. 26, 1949, Sec. 6(a), (b), struck out

subpars. (1), (2), (3), and (4), inserted subpar. (1) fixing the

minimum wage rate at not less than 75 cents an hour, and

redesignated subpar. (5) as (2).

Subsec. (c). Act Oct. 26, 1949, Sec. 6(c), continued existing

minimum wage rates in Puerto Rico and the Virgin Islands until

superseded by special industry committee wage orders.

1940 - Subsec. (a)(5). Act June 26, 1940, added par. (5).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section

15(a) of Pub. L. 95-151, set out as a note under section 203 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by sections 2 to 4 and 7(b)(1) of Pub. L. 93-259

effective May 1, 1974, see section 29(a) of Pub. L. 93-259, set out

as a note under section 202 of this title.

Section 5(b) of Pub. L. 93-259 provided that the amendment made

by that section is effective Apr. 8, 1974.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 4 of Pub. L. 88-38 provided that: "The amendments made by

this Act [amending this section and enacting provisions set out

below] shall take effect upon the expiration of one year from the

date of its enactment [June 10, 1963]: Provided, That in the case

of employees covered by a bona fide collective bargaining agreement

in effect at least thirty days prior to the date of enactment of

this Act [June 10, 1963], entered into by a labor organization as

defined in section 6(d)(4) of the Fair Labor Standards Act of 1938,

as amended [subsec. (d)(4) of this section], the amendments made by

this Act shall take effect upon the termination of such collective

bargaining agreement or upon the expiration of two years from the

date of enactment of this Act [June 10, 1963], whichever shall

first occur."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Section 3 of act Aug. 12, 1955, provided that the amendment made

by that section is effective Mar. 1, 1956.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by this section in Secretary of Labor and

Administrator of Wage and Hour Division of Department of Labor

transferred to Equal Employment Opportunity Commission by Reorg.

Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out

in the Appendix to Title 5, Government Organization and Employees,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

-MISC2-

TRAINING WAGE

Section 6 of Pub. L. 101-157 provided that:

"(a) In General. -

"(1) Authority. - Any employer may, in lieu of the minimum wage

prescribed by section 6 of the Fair Labor Standards Act of 1938

(29 U.S.C. 206), pay an eligible employee the wage prescribed by

paragraph (2) -

"(A) while such employee is employed for the period

authorized by subsection (g)(1)(B)(i), or

"(B) while such employee is engaged in on-the-job training

for the period authorized by subsection (g)(1)(B)(ii).

"(2) Wage rate. - The wage referred to in paragraph (1) shall

be a wage -

"(A) of not less than $3.35 an hour during the year beginning

April 1, 1990; and

"(B) beginning April 1, 1991, of not less than $3.35 an hour

or 85 percent of the wage prescribed by section 6 of such Act,

whichever is greater.

"(b) Wage Period. - An employer may pay an eligible employee the

wage authorized by subsection (a) for a period that -

"(1) begins on or after April 1, 1990;

"(2) does not exceed the maximum period during which an

employee may be paid such wage as determined under subsection

(g)(1)(B); and

"(3) ends before April 1, 1993.

"(c) Wage Conditions. - No eligible employee may be paid the wage

authorized by subsection (a) by an employer if -

"(1) any other individual has been laid off by such employer

from the position to be filled by such eligible employee or from

any substantially equivalent position; or

"(2) such employer has terminated the employment of any regular

employee or otherwise reduced the number of employees with the

intention of filling the vacancy so created by hiring an employee

to be paid such wage.

"(d) Limitations. -

"(1) Employee hours. - During any month in which employees are

to be employed in an establishment under this section, the

proportion of employee hours of employment to the total hours of

employment of all employees in such establishment may not exceed

a proportion equal to one-fourth of the total hours of employment

of all employees in such establishment.

"(2) Displacement. -

"(A) Prohibition. - No employer may take any action to

displace employees (including partial displacements such as

reduction in hours, wages, or employment benefits) for purposes

of hiring individuals at the wage authorized in subsection (a).

"(B) Disqualification. - If the Secretary determines that an

employer has taken an action in violation of subparagraph (A),

the Secretary shall issue an order disqualifying such employer

from employing any individual at such wage.

"(e) Notice. - Each employer shall provide to any eligible

employee who is to be paid the wage authorized by subsection (a) a

written notice before the employee begins employment stating the

requirements of this section and the remedies provided by

subsection (f) for violations of this section. The Secretary shall

provide to employers the text of the notice to be provided under

this subsection.

"(f) Enforcement. - Any employer who violates this section shall

be considered to have violated section 15(a)(3) of the Fair Labor

Standards Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of

such Act (29 U.S.C. 216 and 217) shall apply with respect to the

violation.

"(g) Definitions. - For purposes of this section:

"(1) Eligible employee. -

"(A) In general. - The term 'eligible employee' means with

respect to an employer an individual who -

"(i) is not a migrant agricultural worker or a seasonal

agricultural worker (as defined in paragraphs (8) and (10) of

section 3 of the Migrant and Seasonal Agricultural Worker

Protection Act (29 U.S.C. 1802(8) and (10)) without regard to

subparagraph (B) of such paragraphs and is not a nonimmigrant

described in section 101(a)(15)(H)(ii)(a) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a));

"(ii) has not attained the age of 20 years; and

"(iii) is eligible to be paid the wage authorized by

subsection (a) as determined under subparagraph (B).

"(B) Duration. -

"(i) An employee shall initially be eligible to be paid the

wage authorized by subsection (a) until the employee has been

employed a cumulative total of 90 days at such wage.

"(ii) An employee who has been employed by an employer at

the wage authorized by subsection (a) for the period

authorized by clause (i) may be employed by any other

employer for an additional 90 days if the employer meets the

requirements of subsection (h).

"(iii) The total period, as authorized by clauses (i) and

(ii), that an employee may be paid the wage authorized by

subsection (a) may not exceed 180 days.

"(iv) For purposes of this subparagraph, the term

'employer' means with respect to an employee an employer who

is required to withhold payroll taxes for such employee.

"(C) Proof. -

"(i) In general. - An individual is responsible for

providing the requisite proof of previous period or periods

of employment with other employers. An employer's good faith

reliance on the proof presented to the employer by an

individual shall constitute a complete defense to a charge

that the employer has violated subsection (b)(2) with respect

to such individual.

"(ii) Regulations. - The Secretary of Labor shall issue

regulations defining the requisite proof required of an

individual. Such regulations shall establish minimal

requirements for requisite proof and may prescribe that an

accurate list of the individual's employers and a statement

of the dates and duration of employment with each employer

constitute requisite proof.

"(2) On-the-job training. - The term 'on-the-job training'

means training that is offered to an individual while employed in

productive work that provides training, technical and other

related skills, and personal skills that are essential to the

full and adequate performance of such employment.

"(h) Employer Requirements. - An employer who wants to employ

employees at the wage authorized by subsection (a) for the period

authorized by subsection (g)(1)(B)(ii) shall -

"(1) notify the Secretary annually of the positions at which

such employees are to be employed at such wage,

"(2) provide on-the-job training to such employees which meets

general criteria of the Secretary issued by regulation after

consultation with the Committee on Labor and Human Resources of

the Senate and the Committee on Education and Labor [now

Committee on Education and the Workforce] of the House of

Representatives and other interested persons,

"(3) keep on file a copy of the training program which the

employer will provide such employees,

"(4) provide a copy of the training program to the employees,

"(5) post in a conspicuous place in places of employment a

notice of the types of jobs for which the employer is providing

on-the-job training, and

"(6) send to the Secretary on an annual basis a copy of such

notice.

The Secretary shall make available to the public upon request

notices provided to the Secretary by employers in accordance with

paragraph (6).

"(i) Report. - The Secretary of Labor shall report to Congress

not later than March 1, 1993, on the effectiveness of the wage

authorized by subsection (a). The report shall include -

"(1) an analysis of the impact of such wage on employment

opportunities for inexperienced workers;

"(2) any reduction in employment opportunities for experienced

workers resulting from the employment of employees under such

wage;

"(3) the nature and duration of the training provided under

such wage; and

"(4) the degree to which employers used the authority to pay

such wage."

PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS

VOLUNTEERS PRIOR TO APRIL 15, 1986; LIABILITY

Certain public agencies not to be liable for violations of this

section occurring before Apr. 15, 1986, with respect to services

deemed by that agency to have been performed for it by an

individual on a voluntary basis, see section 4(c) of Pub. L.

99-150, set out as a note under section 203 of this title.

EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY

LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT

POLICY

Amendment by Pub. L. 99-150 not to affect liability of certain

public agencies under section 216 of this title for violation of

this section occurring before Apr. 15, 1986, see section 7 of Pub.

L. 99-150, set out as a note under section 216 of this title.

INAPPLICABILITY TO NORTHERN MARIANA ISLANDS

Pursuant to section 503(c) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands with the United States

of America, as set forth in Pub. L. 94-241, Mar. 24, 1976, 90 Stat.

263, set out as a note under section 1801 of Title 48, Territories

and Insular Possessions, this section is inapplicable to the

Northern Mariana Islands.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

CONGRESSIONAL FINDING AND DECLARATION OF POLICY

Section 2 of Pub. L. 88-38 provided that:

"(a) The Congress hereby finds that the existence in industries

engaged in commerce or in the production of goods for commerce of

wage differentials based on sex -

"(1) depresses wages and living standards for employees

necessary for their health and efficiency;

"(2) prevents the maximum utilization of the available labor

resources;

"(3) tends to cause labor disputes, thereby burdening,

affecting, and obstructing commerce;

"(4) burdens commerce and the free flow of goods in commerce;

and

"(5) constitutes an unfair method of competition.

"(b) It is hereby declared to be the policy of this Act [amending

this section, and enacting provisions set out as notes under this

section], through exercise by Congress of its power to regulate

commerce among the several States and with foreign nations, to

correct the conditions above referred to in such industries."

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 205, 207, 208, 213,

214, 215, 216, 218, 721, 2617, 2931 of this title; title 2 sections

60k, 1313; title 3 section 413; title 5 sections 2302, 5343, 5349,

7702; title 7 sections 2015, 2026; title 10 section 1588; title 15

section 1673; title 20 section 1085; title 21 section 849; title 22

sections 2506, 3905, 3967, 3968, 3969, 4131; title 24 section 422;

title 26 section 45B; title 38 sections 1720, 3485; title 41

section 351; title 42 sections 300e-9, 431, 1320b-22, 1396d,

2000e-2, 2753, 3056, 3056d, 8009, 8011, 9848.

-End-

-CITE-

29 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 207. Maximum hours

-STATUTE-

(a) Employees engaged in interstate commerce; additional

applicability to employees pursuant to subsequent amendatory

provisions

(1) Except as otherwise provided in this section, no employer

shall employ any of his employees who in any workweek is engaged in

commerce or in the production of goods for commerce, or is employed

in an enterprise engaged in commerce or in the production of goods

for commerce, for a workweek longer than forty hours unless such

employee receives compensation for his employment in excess of the

hours above specified at a rate not less than one and one-half

times the regular rate at which he is employed.

(2) No employer shall employ any of his employees who in any

workweek is engaged in commerce or in the production of goods for

commerce, or is employed in an enterprise engaged in commerce or in

the production of goods for commerce, and who in such workweek is

brought within the purview of this subsection by the amendments

made to this chapter by the Fair Labor Standards Amendments of 1966

-

(A) for a workweek longer than forty-four hours during the

first year from the effective date of the Fair Labor Standards

Amendments of 1966,

(B) for a workweek longer than forty-two hours during the

second year from such date, or

(C) for a workweek longer than forty hours after the expiration

of the second year from such date,

unless such employee receives compensation for his employment in

excess of the hours above specified at a rate not less than one and

one-half times the regular rate at which he is employed.

(b) Employment pursuant to collective bargaining agreement;

employment by independently owned and controlled local enterprise

engaged in distribution of petroleum products

No employer shall be deemed to have violated subsection (a) of

this section by employing any employee for a workweek in excess of

that specified in such subsection without paying the compensation

for overtime employment prescribed therein if such employee is so

employed -

(1) in pursuance of an agreement, made as a result of

collective bargaining by representatives of employees certified

as bona fide by the National Labor Relations Board, which

provides that no employee shall be employed more than one

thousand and forty hours during any period of twenty-six

consecutive weeks; or

(2) in pursuance of an agreement, made as a result of

collective bargaining by representatives of employees certified

as bona fide by the National Labor Relations Board, which

provides that during a specified period of fifty-two consecutive

weeks the employee shall be employed not more than two thousand

two hundred and forty hours and shall be guaranteed not less than

one thousand eight hundred and forty-hours (or not less than

forty-six weeks at the normal number of hours worked per week,

but not less than thirty hours per week) and not more than two

thousand and eighty hours of employment for which he shall

receive compensation for all hours guaranteed or worked at rates

not less than those applicable under the agreement to the work

performed and for all hours in excess of the guaranty which are

also in excess of the maximum workweek applicable to such

employee under subsection (a) of this section or two thousand and

eighty in such period at rates not less than one and one-half

times the regular rate at which he is employed; or

(3) by an independently owned and controlled local enterprise

(including an enterprise with more than one bulk storage

establishment) engaged in the wholesale or bulk distribution of

petroleum products if -

(A) the annual gross volume of sales of such enterprise is

less than $1,000,000 exclusive of excise taxes,

(B) more than 75 per centum of such enterprise's annual

dollar volume of sales is made within the State in which such

enterprise is located, and

(C) not more than 25 per centum of the annual dollar volume

of sales of such enterprise is to customers who are engaged in

the bulk distribution of such products for resale,

and such employee receives compensation for employment in excess

of forty hours in any workweek at a rate not less than one and

one-half times the minimum wage rate applicable to him under

section 206 of this title,

and if such employee receives compensation for employment in excess

of twelve hours in any workday, or for employment in excess of

fifty-six hours in any workweek, as the case may be, at a rate not

less than one and one-half times the regular rate at which he is

employed.

(c), (d) Repealed. Pub. L. 93-259, Sec. 19(e), Apr. 8, 1974, 88

Stat. 66

(e) "Regular rate" defined

As used in this section the "regular rate" at which an employee

is employed shall be deemed to include all remuneration for

employment paid to, or on behalf of, the employee, but shall not be

deemed to include -

(1) sums paid as gifts; payments in the nature of gifts made at

Christmas time or on other special occasions, as a reward for

service, the amounts of which are not measured by or dependent on

hours worked, production, or efficiency;

(2) payments made for occasional periods when no work is

performed due to vacation, holiday, illness, failure of the

employer to provide sufficient work, or other similar cause;

reasonable payments for traveling expenses, or other expenses,

incurred by an employee in the furtherance of his employer's

interests and properly reimbursable by the employer; and other

similar payments to an employee which are not made as

compensation for his hours of employment;

(3) Sums (!1) paid in recognition of services performed during

a given period if either, (a) both the fact that payment is to be

made and the amount of the payment are determined at the sole

discretion of the employer at or near the end of the period and

not pursuant to any prior contract, agreement, or promise causing

the employee to expect such payments regularly; or (b) the

payments are made pursuant to a bona fide profit-sharing plan or

trust or bona fide thrift or savings plan, meeting the

requirements of the Administrator set forth in appropriate

regulations which he shall issue, having due regard among other

relevant factors, to the extent to which the amounts paid to the

employee are determined without regard to hours of work,

production, or efficiency; or (c) the payments are talent fees

(as such talent fees are defined and delimited by regulations of

the Administrator) paid to performers, including announcers, on

radio and television programs;

(4) contributions irrevocably made by an employer to a trustee

or third person pursuant to a bona fide plan for providing

old-age, retirement, life, accident, or health insurance or

similar benefits for employees;

(5) extra compensation provided by a premium rate paid for

certain hours worked by the employee in any day of workweek

because such hours are hours worked in excess of eight in a day

or in excess of the maximum workweek applicable to such employee

under subsection (a) of this section or in excess of the

employee's normal working hours or regular working hours, as the

case may be;

(6) extra compensation provided by a premium rate paid for work

by the employee on Saturdays, Sundays, holidays, or regular days

of rest, or on the sixth or seventh day of the workweek, where

such premium rate is not less than one and one-half times the

rate established in good faith for like work performed in

nonovertime hours on other days;

(7) extra compensation provided by a premium rate paid to the

employee, in pursuance of an applicable employment contract or

collective-bargaining agreement, for work outside of the hours

established in good faith by the contract or agreement as the

basic, normal, or regular workday (not exceeding eight hours) or

workweek (not exceeding the maximum workweek applicable to such

employee under subsection (a) of this section,(!2) where such

premium rate is not less than one and one-half times the rate

established in good faith by the contract or agreement for like

work performed during such workday or workweek; or

(8) any value or income derived from employer-provided grants

or rights provided pursuant to a stock option, stock appreciation

right, or bona fide employee stock purchase program which is not

otherwise excludable under any of paragraphs (1) through (7) if -

(A) grants are made pursuant to a program, the terms and

conditions of which are communicated to participating employees

either at the beginning of the employee's participation in the

program or at the time of the grant;

(B) in the case of stock options and stock appreciation

rights, the grant or right cannot be exercisable for a period

of at least 6 months after the time of grant (except that

grants or rights may become exercisable because of an

employee's death, disability, retirement, or a change in

corporate ownership, or other circumstances permitted by

regulation), and the exercise price is at least 85 percent of

the fair market value of the stock at the time of grant;

(C) exercise of any grant or right is voluntary; and

(D) any determinations regarding the award of, and the amount

of, employer-provided grants or rights that are based on

performance are -

(i) made based upon meeting previously established

performance criteria (which may include hours of work,

efficiency, or productivity) of any business unit consisting

of at least 10 employees or of a facility, except that, any

determinations may be based on length of service or minimum

schedule of hours or days of work; or

(ii) made based upon the past performance (which may

include any criteria) of one or more employees in a given

period so long as the determination is in the sole discretion

of the employer and not pursuant to any prior contract.

(f) Employment necessitating irregular hours of work

No employer shall be deemed to have violated subsection (a) of

this section by employing any employee for a workweek in excess of

the maximum workweek applicable to such employee under subsection

(a) of this section if such employee is employed pursuant to a bona

fide individual contract, or pursuant to an agreement made as a

result of collective bargaining by representatives of employees, if

the duties of such employee necessitate irregular hours of work,

and the contract or agreement (1) specifies a regular rate of pay

of not less than the minimum hourly rate provided in subsection (a)

or (b) of section 206 of this title (whichever may be applicable)

and compensation at not less than one and one-half times such rate

for all hours worked in excess of such maximum workweek, and (2)

provides a weekly guaranty of pay for not more than sixty hours

based on the rates so specified.

(g) Employment at piece rates

No employer shall be deemed to have violated subsection (a) of

this section by employing any employee for a workweek in excess of

the maximum workweek applicable to such employee under such

subsection if, pursuant to an agreement or understanding arrived at

between the employer and the employee before performance of the

work, the amount paid to the employee for the number of hours

worked by him in such workweek in excess of the maximum workweek

applicable to such employee under such subsection -

(1) in the case of an employee employed at piece rates, is

computed at piece rates not less than one and one-half times the

bona fide piece rates applicable to the same work when performed

during nonovertime hours; or

(2) in the case of an employee performing two or more kinds of

work for which different hourly or piece rates have been

established, is computed at rates not less than one and one-half

times such bona fide rates applicable to the same work when

performed during nonovertime hours; or

(3) is computed at a rate not less than one and one-half times

the rate established by such agreement or understanding as the

basic rate to be used in computing overtime compensation

thereunder: Provided, That the rate so established shall be

authorized by regulation by the Administrator as being

substantially equivalent to the average hourly earnings of the

employee, exclusive of overtime premiums, in the particular work

over a representative period of time;

and if (i) the employee's average hourly earnings for the workweek

exclusive of payments described in paragraphs (1) through (7) of

subsection (e) of this section are not less than the minimum hourly

rate required by applicable law, and (ii) extra overtime

compensation is properly computed and paid on other forms of

additional pay required to be included in computing the regular

rate.

(h) Credit toward minimum wage or overtime compensation of amounts

excluded from regular rate

(1) Except as provided in paragraph (2), sums excluded from the

regular rate pursuant to subsection (e) of this section shall not

be creditable toward wages required under section 206 of this title

or overtime compensation required under this section.

(2) Extra compensation paid as described in paragraphs (5), (6),

and (7) of subsection (e) of this section shall be creditable

toward overtime compensation payable pursuant to this section.

(i) Employment by retail or service establishment

No employer shall be deemed to have violated subsection (a) of

this section by employing any employee of a retail or service

establishment for a workweek in excess of the applicable workweek

specified therein, if (1) the regular rate of pay of such employee

is in excess of one and one-half times the minimum hourly rate

applicable to him under section 206 of this title, and (2) more

than half his compensation for a representative period (not less

than one month) represents commissions on goods or services. In

determining the proportion of compensation representing

commissions, all earnings resulting from the application of a bona

fide commission rate shall be deemed commissions on goods or

services without regard to whether the computed commissions exceed

the draw or guarantee.

(j) Employment in hospital or establishment engaged in care of

sick, aged, or mentally ill

No employer engaged in the operation of a hospital or an

establishment which is an institution primarily engaged in the care

of the sick, the aged, or the mentally ill or defective who reside

on the premises shall be deemed to have violated subsection (a) of

this section if, pursuant to an agreement or understanding arrived

at between the employer and the employee before performance of the

work, a work period of fourteen consecutive days is accepted in

lieu of the workweek of seven consecutive days for purposes of

overtime computation and if, for his employment in excess of eight

hours in any workday and in excess of eighty hours in such

fourteen-day period, the employee receives compensation at a rate

not less than one and one-half times the regular rate at which he

is employed.

(k) Employment by public agency engaged in fire protection or law

enforcement activities

No public agency shall be deemed to have violated subsection (a)

of this section with respect to the employment of any employee in

fire protection activities or any employee in law enforcement

activities (including security personnel in correctional

institutions) if -

(1) in a work period of 28 consecutive days the employee

receives for tours of duty which in the aggregate exceed the

lesser of (A) 216 hours, or (B) the average number of hours (as

determined by the Secretary pursuant to section 6(c)(3) of the

Fair Labor Standards Amendments of 1974) in tours of duty of

employees engaged in such activities in work periods of 28

consecutive days in calendar year 1975; or

(2) in the case of such an employee to whom a work period of at

least 7 but less than 28 days applies, in his work period the

employee receives for tours of duty which in the aggregate exceed

a number of hours which bears the same ratio to the number of

consecutive days in his work period as 216 hours (or if lower,

the number of hours referred to in clause (B) of paragraph (1))

bears to 28 days,

compensation at a rate not less than one and one-half times the

regular rate at which he is employed.

(g742l) Employment in domestic service in one or more households

No employer shall employ any employee in domestic service in one

or more households for a workweek longer than forty hours unless

such employee receives compensation for such employment in

accordance with subsection (a) of this section.

(m) Employment in tobacco industry

For a period or periods of not more than fourteen workweeks in

the aggregate in any calendar year, any employer may employ any

employee for a workweek in excess of that specified in subsection

(a) of this section without paying the compensation for overtime

employment prescribed in such subsection, if such employee -

(1) is employed by such employer -

(A) to provide services (including stripping and grading)

necessary and incidental to the sale at auction of green leaf

tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or

37 (as such types are defined by the Secretary of Agriculture),

or in auction sale, buying, handling, stemming, redrying,

packing, and storing of such tobacco,

(B) in auction sale, buying, handling, sorting, grading,

packing, or storing green leaf tobacco of type 32 (as such type

is defined by the Secretary of Agriculture), or

(C) in auction sale, buying, handling, stripping, sorting,

grading, sizing, packing, or stemming prior to packing, of

perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46,

51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the

Secretary of Agriculture); and

(2) receives for -

(A) such employment by such employer which is in excess of

ten hours in any workday, and

(B) such employment by such employer which is in excess of

forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the

regular rate at which he is employed.

An employer who receives an exemption under this subsection shall

not be eligible for any other exemption under this section.

(n) Employment by street, suburban, or interurban electric railway,

or local trolley or motorbus carrier

In the case of an employee of an employer engaged in the business

of operating a street, suburban or interurban electric railway, or

local trolley or motorbus carrier (regardless of whether or not

such railway or carrier is public or private or operated for profit

or not for profit), in determining the hours of employment of such

an employee to which the rate prescribed by subsection (a) of this

section applies there shall be excluded the hours such employee was

employed in charter activities by such employer if (1) the

employee's employment in such activities was pursuant to an

agreement or understanding with his employer arrived at before

engaging in such employment, and (2) if employment in such

activities is not part of such employee's regular employment.

(g742o) Compensatory time

(1) Employees of a public agency which is a State, a political

subdivision of a State, or an interstate governmental agency may

receive, in accordance with this subsection and in lieu of overtime

compensation, compensatory time off at a rate not less than one and

one-half hours for each hour of employment for which overtime

compensation is required by this section.

(2) A public agency may provide compensatory time under paragraph

(1) only -

(A) pursuant to -

(i) applicable provisions of a collective bargaining

agreement, memorandum of understanding, or any other agreement

between the public agency and representatives of such

employees; or

(ii) in the case of employees not covered by subclause (i),

an agreement or understanding arrived at between the employer

and employee before the performance of the work; and

(B) if the employee has not accrued compensatory time in excess

of the limit applicable to the employee prescribed by paragraph

(3).

In the case of employees described in clause (A)(ii) hired prior to

April 15, 1986, the regular practice in effect on April 15, 1986,

with respect to compensatory time off for such employees in lieu of

the receipt of overtime compensation, shall constitute an agreement

or understanding under such clause (A)(ii). Except as provided in

the previous sentence, the provision of compensatory time off to

such employees for hours worked after April 14, 1986, shall be in

accordance with this subsection.

(3)(A) If the work of an employee for which compensatory time may

be provided included work in a public safety activity, an emergency

response activity, or a seasonal activity, the employee engaged in

such work may accrue not more than 480 hours of compensatory time

for hours worked after April 15, 1986. If such work was any other

work, the employee engaged in such work may accrue not more than

240 hours of compensatory time for hours worked after April 15,

1986. Any such employee who, after April 15, 1986, has accrued 480

or 240 hours, as the case may be, of compensatory time off shall,

for additional overtime hours of work, be paid overtime

compensation.

(B) If compensation is paid to an employee for accrued

compensatory time off, such compensation shall be paid at the

regular rate earned by the employee at the time the employee

receives such payment.

(4) An employee who has accrued compensatory time off authorized

to be provided under paragraph (1) shall, upon termination of

employment, be paid for the unused compensatory time at a rate of

compensation not less than -

(A) the average regular rate received by such employee during

the last 3 years of the employee's employment, or

(B) the final regular rate received by such employee,

whichever is higher (!3)

(5) An employee of a public agency which is a State, political

subdivision of a State, or an interstate governmental agency -

(A) who has accrued compensatory time off authorized to be

provided under paragraph (1), and

(B) who has requested the use of such compensatory time,

shall be permitted by the employee's employer to use such time

within a reasonable period after making the request if the use of

the compensatory time does not unduly disrupt the operations of the

public agency.

(6) The hours an employee of a public agency performs court

reporting transcript preparation duties shall not be considered as

hours worked for the purposes of subsection (a) of this section if

-

(A) such employee is paid at a per-page rate which is not less

than -

(i) the maximum rate established by State law or local

ordinance for the jurisdiction of such public agency,

(ii) the maximum rate otherwise established by a judicial or

administrative officer and in effect on July 1, 1995, or

(iii) the rate freely negotiated between the employee and the

party requesting the transcript, other than the judge who

presided over the proceedings being transcribed, and

(B) the hours spent performing such duties are outside of the

hours such employee performs other work (including hours for

which the agency requires the employee's attendance) pursuant to

the employment relationship with such public agency.

For purposes of this section, the amount paid such employee in

accordance with subparagraph (A) for the performance of court

reporting transcript preparation duties, shall not be considered in

the calculation of the regular rate at which such employee is

employed.

(7) For purposes of this subsection -

(A) the term "overtime compensation" means the compensation

required by subsection (a), and

(B) the terms "compensatory time" and "compensatory time off"

mean hours during which an employee is not working, which are not

counted as hours worked during the applicable workweek or other

work period for purposes of overtime compensation, and for which

the employee is compensated at the employee's regular rate.

(p) Special detail work for fire protection and law enforcement

employees; occasional or sporadic employment; substitution

(1) If an individual who is employed by a State, political

subdivision of a State, or an interstate governmental agency in

fire protection or law enforcement activities (including activities

of security personnel in correctional institutions) and who, solely

at such individual's option, agrees to be employed on a special

detail by a separate or independent employer in fire protection,

law enforcement, or related activities, the hours such individual

was employed by such separate and independent employer shall be

excluded by the public agency employing such individual in the

calculation of the hours for which the employee is entitled to

overtime compensation under this section if the public agency -

(A) requires that its employees engaged in fire protection, law

enforcement, or security activities be hired by a separate and

independent employer to perform the special detail,

(B) facilitates the employment of such employees by a separate

and independent employer, or

(C) otherwise affects the condition of employment of such

employees by a separate and independent employer.

(2) If an employee of a public agency which is a State, political

subdivision of a State, or an interstate governmental agency

undertakes, on an occasional or sporadic basis and solely at the

employee's option, part-time employment for the public agency which

is in a different capacity from any capacity in which the employee

is regularly employed with the public agency, the hours such

employee was employed in performing the different employment shall

be excluded by the public agency in the calculation of the hours

for which the employee is entitled to overtime compensation under

this section.

(3) If an individual who is employed in any capacity by a public

agency which is a State, political subdivision of a State, or an

interstate governmental agency, agrees, with the approval of the

public agency and solely at the option of such individual, to

substitute during scheduled work hours for another individual who

is employed by such agency in the same capacity, the hours such

employee worked as a substitute shall be excluded by the public

agency in the calculation of the hours for which the employee is

entitled to overtime compensation under this section.

(q) Maximum hour exemption for employees receiving remedial

education

Any employer may employ any employee for a period or periods of

not more than 10 hours in the aggregate in any workweek in excess

of the maximum workweek specified in subsection (a) of this section

without paying the compensation for overtime employment prescribed

in such subsection, if during such period or periods the employee

is receiving remedial education that is -

(1) provided to employees who lack a high school diploma or

educational attainment at the eighth grade level;

(2) designed to provide reading and other basic skills at an

eighth grade level or below; and

(3) does not include job specific training.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 7, 52 Stat. 1063; Oct. 29, 1941, ch.

461, 55 Stat. 756; July 20, 1949, ch. 352, Sec. 1, 63 Stat. 446;

Oct. 26, 1949, ch. 736, Sec. 7, 63 Stat. 912; Pub. L. 87-30, Sec.

6, May 5, 1961, 75 Stat. 69; Pub. L. 89-601, title II, Secs.

204(c), (d), 212(b), title IV, Secs. 401-403, Sept. 23, 1966, 80

Stat. 835-837, 841, 842; Pub. L. 93-259, Secs. 6(c)(1), 7(b)(2),

9(a), 12(b), 19, 21(a), Apr. 8, 1974, 88 Stat. 60, 62, 64, 66, 68;

Pub. L. 99-150, Secs. 2(a), 3(a)-(c)(1), Nov. 13, 1985, 99 Stat.

787, 789; Pub. L. 101-157, Sec. 7, Nov. 17, 1989, 103 Stat. 944;

Pub. L. 104-26, Sec. 2, Sept. 6, 1995, 109 Stat. 264; Pub. L.

106-202, Sec. 2(a), (b), May 18, 2000, 114 Stat. 308, 309.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Amendments of 1966, referred to in

subsec. (a)(2), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830.

For complete classification of this Act to the Code, see Short

Title of 1966 Amendment note set out under section 201 of this

title and Tables.

The effective date of the Fair Labor Standards Amendments of

1966, referred to in subsec. (a)(2)(A), means the effective date of

Pub. L. 89-601, which is Feb. 1, 1967 except as otherwise provided,

see section 602 of Pub. L. 89-601, set out as an Effective Date of

1966 Amendment note under section 203 of this title.

Section 6(c)(3) of the Fair Labor Standards Amendments of 1974,

referred to in subsec. (k)(1), is Pub. L. 93-259, Sec. 6(c)(3),

Apr. 8, 1974, 88 Stat. 61, which is set out as a note under section

213 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (e)(8). Pub. L. 106-202, Sec. 2(a), added par.

(8).

Subsec. (h). Pub. L. 106-202, Sec. 2(b), designated existing

provisions as par. (2) and added par. (1).

1995 - Subsec. (o)(6), (7). Pub. L. 104-26 added par. (6) and

redesignated former par. (6) as (7).

1989 - Subsec. (q). Pub. L. 101-157 added subsec. (q).

1985 - Subsec. (o). Pub. L. 99-150, Sec. 2(a), added subsec. (o).

Subsec. (p). Pub. L. 99-150, Sec. 3(a)-(c)(1), added subsec. (p).

1974 - Subsec. (c). Pub. L. 93-259, Sec. 19(a), (b), substituted

"seven workweeks" for "ten workweeks", "ten workweeks" for

"fourteen workweeks" and "forty-eight hours" for "fifty hours"

effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted

"five workweeks" for "seven workweeks" and "seven workweeks" for

"ten workweeks" effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d),

substituted "three workweeks" for "five workweeks" and "five

workweeks" for "seven workweeks" effective Jan. 1, 1976. Pub. L.

93-259, Sec. 19(e), repealed subsec. (c) effective Dec. 31, 1976.

Subsec. (d). Pub. L. 93-259, Sec. 19(a), (b), substituted "seven

workweeks" for "ten workweeks", "ten workweeks" for "fourteen

workweeks" and "forty-eight hours" for "fifty hours" effective May

1, 1974. Pub. L. 93-259, Sec. 19(c), substituted "five workweeks"

for "seven workweeks" and "seven workweeks" for "ten workweeks"

effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted

"three workweeks" for "five workweeks" and "five workweeks" for

"seven workweeks" effective Jan. 1, 1976. Pub. L. 93-259, Sec.

19(e), repealed subsec. (d) effective Dec. 31, 1976.

Subsec. (j). Pub. L. 93-259, Sec. 12(b), extended provision

excepting from being considered a subsec. (a) violation agreements

or undertakings between employers and employees respecting

consecutive work period and overtime compensation to agreements

between employers engaged in operation of an establishment which is

an institution primarily engaged in the care of the sick, the aged,

or the mentally ill or defective who reside on the premises and

employees respecting consecutive work period and overtime

compensation.

Subsec. (k). Pub. L. 93-259, Sec. 6(c)(1)(D), effective Jan. 1,

1978, substituted in par. (1) "exceed the lesser of (A) 216 hours,

or (B) the average number of hours (as determined by the Secretary

pursuant to section 6(c)(3) of the Fair Labor Standards Amendments

of 1974) in tours of duty of employees engaged in such activities

in work periods of 28 consecutive days in calendar year 1975" for

"exceed 216 hours" and inserted in par. (2) "(or if lower, the

number of hours referred to in clause (B) of paragraph (1)".

Pub. L. 93-259, Sec. 6(c)(1)(C), substituted "216 hours" for "232

hours", wherever appearing, effective Jan. 1, 1977.

Pub. L. 93-259, Sec. 6(c)(1)(B), substituted "232 hours" for "240

hours", wherever appearing, effective Jan. 1, 1976.

Pub. L. 93-259, Sec. 6(c)(1)(A), added subsec. (k), effective

Jan. 1, 1975.

Subsec. (l). Pub. L. 93-259, Sec. 7(b)(2), added subsec. (l).

Subsec. (m). Pub. L. 93-259, Sec. 9(a), added subsec. (m).

Subsec. (n). Pub. L. 93-259, Sec. 21(a), added subsec. (n).

1966 - Subsec. (a). Pub. L. 89-601, Sec. 401, retained provision

for 40-hour workweek and compensation for employment in excess of

40 hours at not less than one and one-half times the regular rate

of pay and substituted provisions setting out a phased timetable

for the workweek in the case of employees covered by the overtime

provisions for the first time under the Fair Labor Standards

Amendments of 1966 beginning at 44 hours during the first year from

the effective date of the Fair Labor Standards Amendments of 1966,

42 hours during the second year from such date, and 40 hours after

the expiration of the second year from such date, for provisions

giving a phased timetable for workweeks in the case of employees

first covered under the provisions of the Fair Labor Standards

Amendments of 1961.

Subsec. (b)(3). Pub. L. 89-601, Sec. 212(b), substituted

provisions granting an overtime exemption for petroleum

distribution employees if they receive compensation for the hours

of employment in excess of 40 hours in any workweek at a rate not

less than one and one-half times the applicable minimum wage rate

and if the enterprises do an annual gross sales volume of less than

$1,000,000, if more than 75 per centum of such enterprise's annual

dollar volume of sales is made within the state in which the

enterprise is located, and not more than 25 per centum of the

annual dollar volume is to customers who are engaged in the bulk

distribution of such products for resale for provisions covering

employees for a period of not more than 14 workweeks in the

aggregate in any calendar year in an industry found to be of a

seasonal nature.

Subsec. (c). Pub. L. 89-601, Sec. 204(c), substituted provisions

for an overtime exemption of 10 weeks in any calendar year or 14

weeks in the case of an employer not qualifying for the exemption

in subsec. (d) of this section, limited to 10 hours a day and 50

hours a week, applicable to employees employed in seasonal

industries which are not engaged in agricultural processing, for

provisions granting a year-round unlimited exemption applicable to

employees of employers engaged in first processing of milk into

dairy products, cotton compressing and ginning, cottonseed

processing, and the processing of certain farm products into sugar,

and granting a 14-week unlimited exemption applicable to employees

of employers engaged in first processing of perishable or seasonal

fresh fruits or vegetables first processing within the area of

production of any agricultural commodity during a seasonal

operation, or the handling or slaughtering of livestock and

poultry.

Subsec. (d). Pub. L. 89-601, Sec. 204(c), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 89-601, Sec. 204(d)(1), redesignated

former subsecs. (d) and (e) as (e) and (f) respectively. Former

subsec. (f) redesignated (g).

Subsecs. (g), (h). Pub. L. 89-601, Sec. 204(d)(1), (2),

redesignated former subsecs. (f) and (g) as subsecs. (g) and (h)

respectively, and in subsecs. (g) and (h) as so redesignated,

substituted reference to "subsection (e)" for reference to

"subsection (d)." Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 89-601, Secs. 204(d)(1), 402, redesignated

former subsec. (h) as (i) and inserted provision that, in

determining the proportion of compensation representing

commissions, all earnings resulting from the application of a bona

fide commission rate shall be deemed commissions on goods or

services without regard to whether the computed commissions exceed

the draw or guarantee.

Subsec. (j). Pub. L. 89-601, Sec. 403, added subsec. (j).

1961 - Subsec. (a). Pub. L. 87-30, Sec. 6(a), designated existing

provisions as par. (1), inserted "in any workweek", and added par.

(2).

Subsec. (b)(2). Pub. L. 87-30, Sec. 6(b), substituted "in excess

of the maximum workweek applicable to such employee under

subsection (a) of this section" for "in excess of forty hours in

the workweek".

Subsec. (d)(5), (7). Pub. L. 87-30, Sec. 6(c), (d), substituted

"in excess of the maximum workweek applicable to such employee

under subsection (a) of this section" for "forty in a workweek" in

par. (5) and "the maximum workweek applicable to such employee

under subsection (a) of this section" for "forty hours" in par.

(7).

Subsec. (e). Pub. L. 87-30, Sec. 6(e), substituted "the maximum

workweek applicable to such employee under subsection (a) of this

section", "subsection (a) or (b) of section 206 of this title

(whichever may be applicable" and "such maximum" for "forty hours",

"section 206(a) of this title" and "forty in any", respectively.

Subsec. (f). Pub. L. 87-30, Sec. 6(f), substituted "the maximum

workweek applicable to such employee under subsection" for "forty

hours" in two places.

Subsec. (h). Pub. L. 87-30, Sec. 6(g), added subsec. (h).

1949 - Subsec. (a). Act Oct. 26, 1949, continued requirement that

employment in excess of 40 hours in a workweek be compensated at

rate not less than 1 1/2 times regular rate except as to employees

specifically exempted.

Subsec. (b)(1). Act Oct. 26, 1949, increased employment period

limitation from one thousand hours to one thousand and forty hours

in semi-annual agreements.

Subsec. (b)(2). Act Oct. 26, 1949, increased employment period

limitation from two thousand and eighty hours to two thousand two

hundred and forty hours in annual agreements, fixed minimum and

maximum guaranteed employment periods, and provided for overtime

rate for hours worked in excess of the guaranty.

Subsec. (c). Act Oct. 26, 1949, added buttermilk to commodities

listed for first processing.

Subsec. (d). Act Oct. 26, 1949, struck out former subsec. (d) and

inserted a new subsec. (d) defining regular rate with certain

specified types of payments excepted.

Subsec. (e) added by act July 20, 1949, and amended by act Oct.

26, 1949, which determined compensation to be paid for irregular

hours of work.

Subsecs. (f) and (g). Act Oct. 26, 1949, added subsecs. (f) and

(g).

1941 - Subsec. (b)(2) amended by act Oct. 29, 1941.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-202, Sec. 2(c), May 18, 2000, 114 Stat. 309, provided

that: "The amendments made by this section [amending this section]

shall take effect on the date that is 90 days after the date of

enactment of this Act [May 18, 2000]."

EFFECTIVE DATE OF 1995 AMENDMENT

Section 3 of Pub. L. 104-26 provided that: "The amendments made

by section 2 [amending this section] shall apply after the date of

the enactment of this Act [Sept. 6, 1995] and with respect to

actions brought in a court after the date of the enactment of this

Act."

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section

6 of Pub. L. 99-150, set out as a note under section 203 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 6(c)(1)(A)-(D) of Pub. L. 93-259 provided that the

amendments made by that section are effective Jan. 1, 1975, 1976,

1977, and 1978, respectively.

Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a)

of Pub. L. 93-259 effective May 1, 1974, see section 29(a) of Pub.

L. 93-259, set out as a note under section 202 of this title.

Section 19(c)-(e) of Pub. L. 93-259 provided that the amendments

and repeals made by that section are effective Jan. 1, 1975, Jan.

1, 1976, and Dec. 31, 1976, respectively.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

REGULATIONS

Pub. L. 106-202, Sec. 2(e), May 18, 2000, 114 Stat. 309, provided

that: "The Secretary of Labor may promulgate such regulations as

may be necessary to carry out the amendments made by this Act

[amending this section]."

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

-MISC2-

LIABILITY OF EMPLOYERS

Pub. L. 106-202, Sec. 2(d), May 18, 2000, 114 Stat. 309, provided

that: "No employer shall be liable under the Fair Labor Standards

Act of 1938 [29 U.S.C. 201 et seq.] for any failure to include in

an employee's regular rate (as defined for purposes of such Act)

any income or value derived from employer-provided grants or rights

obtained pursuant to any stock option, stock appreciation right, or

employee stock purchase program if -

"(1) the grants or rights were obtained before the effective

date described in subsection (c) [set out as an Effective Date of

2000 Amendment note above];

"(2) the grants or rights were obtained within the 12-month

period beginning on the effective date described in subsection

(c), so long as such program was in existence on the date of

enactment of this Act [May 18, 2000] and will require shareholder

approval to modify such program to comply with section 7(e)(8) of

the Fair Labor Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as

added by the amendments made by subsection (a)); or

"(3) such program is provided under a collective bargaining

agreement that is in effect on the effective date described in

subsection (c)."

COMPENSATORY TIME; COLLECTIVE BARGAINING AGREEMENTS IN EFFECT ON

APRIL 15, 1986

Section 2(b) of Pub. L. 99-150 provided that: "A collective

bargaining agreement which is in effect on April 15, 1986, and

which permits compensatory time off in lieu of overtime

compensation shall remain in effect until its expiration date

unless otherwise modified, except that compensatory time shall be

provided after April 14, 1986, in accordance with section 7(o) of

the Fair Labor Standards Act of 1938 (as added by subsection (a))

[29 U.S.C. 207(o)]."

DEFERMENT OF MONETARY OVERTIME COMPENSATION

Section 2(c)(2) of Pub. L. 99-150 provided that: "A State,

political subdivision of a State, or interstate governmental agency

may defer until August 1, 1986, the payment of monetary overtime

compensation under section 7 of the Fair Labor Standards Act of

1938 [29 U.S.C. 207] for hours worked after April 14, 1986."

EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY

LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT

POLICY

Amendment by Pub. L. 99-150 not to affect liability of certain

public agencies under section 216 of this title for violation of

this section occurring before Apr. 15, 1986, see section 7 of Pub.

L. 99-150, set out as a note under section 216 of this title.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

STUDY BY SECRETARY OF LABOR OF EXCESSIVE OVERTIME

Pub. L. 89-601, title VI, Sec. 603, Sept. 23, 1966, 80 Stat. 844,

directed Secretary of Labor to make a complete study of practices

dealing with overtime payments for work in excess of forty hours

per week and the extent to which such overtime work impeded the

creation of new job opportunities in American industry and

instructed him to report to the Congress by July 1, 1967, the

findings of such survey with appropriate recommendations.

-EXEC-

EX. ORD. NO. 9607. FORTY-EIGHT HOUR WARTIME WORKWEEK

Ex. Ord. No. 9607, Aug. 30, 1945, 10 F.R. 11191, provided:

By virtue of the authority vested in me by the Constitution and

statutes as President of the United States it is ordered that

Executive Order 9301 of February 9, 1943 [8 F.R. 1825] (formerly

set out as note under this section), establishing a minimum wartime

workweek of forty-eight hours, be, and it is hereby, revoked.

Harry S Truman.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 211, 213, 214, 215,

216, 216b, 218, 2611, 2617 of this title; title 2 section 1313;

title 3 section 413; title 5 sections 5542, 5543, 5544, 5545b,

6123, 6128; title 41 sections 35, 355.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. The comma probably should be preceded by a

closing parenthesis.

(!3) So in original. Probably should be followed by a period.

-End-

-CITE-

29 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 208. Wage orders in American Samoa

-STATUTE-

(a) Congressional policy; recommendation of wage rate by industry

committee

The policy of this chapter with respect to industries or

enterprises in American Samoa engaged in commerce or in the

production of goods for commerce is to reach as rapidly as is

economically feasible without substantially curtailing employment

the objective of the minimum wage rate which would apply in each

such industry under paragraph (1) or (5) of section 206(a) of this

title but for section 206(c) (!1) of this title. The Administrator

shall from time to time convene an industry committee or

committees, appointed pursuant to section 205 of this title, and

any such industry committee shall from time to time recommend the

minimum rate or rates of wages to be paid under section 206 of this

title by employers in American Samoa engaged in commerce or in the

production of goods for commerce or in any enterprise engaged in

commerce or in the production of goods for commerce in any such

industry or classifications therein, and who but for section

206(a)(3) of this title would be subject to the minimum wage

requirements of section 206(a)(1) of this title. Minimum rates of

wages established in accordance with this section which are not

equal to the otherwise applicable minimum wage rate in effect under

paragraph (1) or (5) of section 206(a) of this title shall be

reviewed by such a Committee once during each biennial period,

beginning with the biennial period commencing July 1, 1958, except

that the Secretary, in his discretion, may order an additional

review during any such biennial period.

(b) Investigation of industry condition by industry committee;

matters considered

Upon the convening of any such industry committee, the

Administrator shall refer to it the question of the minimum wage

rate or rates to be fixed for such industry. The industry committee

shall investigate conditions in the industry and the committee, or

any authorized subcommittee thereof, shall after due notice hear

such witnesses and receive such evidence as may be necessary or

appropriate to enable the committee to perform its duties and

functions under this chapter. The committee shall recommend to the

Administrator the highest minimum wage rates for the industry which

it determines, having due regard to economic and competitive

conditions, will not substantially curtail employment in the

industry, and will not give any industry in American Samoa a

competitive advantage over any industry in the United States

outside of American Samoa; except that the committee shall

recommend to the Secretary the minimum wage rate prescribed in

section 206(a) or 206(b) of this title, which would be applicable

but for section 206(a)(3) of this title, unless there is evidence

in the record which establishes that the industry, or a predominant

portion thereof, is unable to pay that wage due to such economic

and competitive conditions.

(c) Classifications within industry; recommendation of wage rate

The industry committee shall recommend such reasonable

classifications within any industry as it determines to be

necessary for the purpose of fixing for each classification within

such industry the highest minimum wage rate (not in excess of that

in effect under paragraph (1) or (5) of section 206(a) of this

title (as the case may be)) which (1) will not substantially

curtail employment in such classification and (2) will not give a

competitive advantage to any group in the industry, and shall

recommend for each classification in the industry the highest

minimum wage rate which the committee determines will not

substantially curtail employment in such classification. In

determining whether such classification should be made in any

industry, in making such classifications, and in determining the

minimum wage rates for such classifications, no classifications

shall be made, and no minimum wage rate shall be fixed, solely on a

regional basis, but the industry committee shall consider among

other relevant factors the following:

(1) competitive conditions as affected by transportation,

living, and production costs;

(2) the wages established for work of like or comparable

character by collective labor agreements negotiated between

employers and employees by representatives of their own choosing;

and

(3) the wages paid for work of like or comparable character by

employers who voluntarily maintain minimum wage standards in the

industry.

No classification shall be made under this section on the basis of

age or sex.

(d) Report by industry committee; publication in Federal Register

The industry committee shall file with the Secretary a report

containing its findings of fact and recommendations with respect to

the matters referred to it. Upon the filing of such report, the

Secretary shall publish such recommendations in the Federal

Register and shall provide by order that the recommendations

contained in such report shall take effect upon the expiration of

15 days after the date of such publication.

(e) Orders

Orders issued under this section shall define the industries and

classifications therein to which they are to apply, and shall

contain such terms and conditions as the Administrator finds

necessary to carry out the purposes of such orders, to prevent the

circumvention or evasion thereof, and to safeguard the minimum wage

rates established therein.

(f) Due notice of hearings by publication in Federal Register

Due notice of any hearing provided for in this section shall be

given by publication in the Federal Register and by such other

means as the Administrator deems reasonably calculated to give

general notice to interested persons.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 8, 52 Stat. 1064; Oct. 26, 1949, ch.

736, Sec. 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, Secs. 4,

5(b)-(e), 69 Stat. 711, 712; Pub. L. 85-750, Aug. 25, 1958, 72

Stat. 844; Pub. L. 87-30, Sec. 7, May 5, 1961, 75 Stat. 70; Pub. L.

93-259, Sec. 5(c)(1), (d), Apr. 8, 1974, 88 Stat. 58; Pub. L.

95-151, Sec. 2(d)(3), Nov. 1, 1977, 91 Stat. 1246; Pub. L. 101-157,

Sec. 4(c), Nov. 17, 1989, 103 Stat. 940; Pub. L. 101-583, Sec. 1,

Nov. 15, 1990, 104 Stat. 2871.)

-REFTEXT-

REFERENCES IN TEXT

Section 206(c) of this title, referred to in subsec. (a), was

repealed by Pub. L. 104-188, title II, Sec. 2104(c), Aug. 20, 1996,

110 Stat. 1929.

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-583, which directed the

substitution of "unless there is evidence in the record which

establishes that the industry, or a predominant portion thereof, is

unable to pay that wage due to such economic and competitive

conditions" for "unless there is substantial documentary evidence,

including pertinent unabridged profit and loss statements and

balance sheets for a representative period of years or in the case

of employees of public agencies other appropriate information, in

the record which establishes that the industry, or a predominant

portion thereof, is unable to pay that wage" in "section 8(b) (29

U.S.C. 208(b))", was executed by making the substitution in section

8(b) of the Fair Labor Standards Act of 1938, act June 25, 1938,

ch. 676, which is classified to subsec. (b) of this section, to

reflect the probable intent of Congress.

1989 - Pub. L. 101-157, Sec. 4(c)(5), substituted "American

Samoa" for "Puerto Rico and the Virgin Islands" in section

catchline.

Subsec. (a). Pub. L. 101-157, Sec. 4(c), substituted "American

Samoa engaged" for "Puerto Rico and the Virgin Islands engaged",

struck out "The Secretary shall, from time to time, convene an

industry committee or committees, appointed pursuant to section 205

of this title, and any such industry committee -

"(1) shall, from time to time, recommend the minimum wage rates

to be paid by employers who are in Puerto Rico, in the Virgin

Islands, or in both places and who but for section 206(c) of this

title would be subject to the minimum wage requirements of

section 206(a)(1) of this title, and

"(2) may, from time to time, recommend increases in the

incremental increases authorized by section 206(c)(2) of this

title."

after "section 206(c) of this title.", substituted "American Samoa

engaged" for "Puerto Rico or the Virgin Islands, or in Puerto Rico

and the Virgin Islands, engaged" and inserted ", and who but for

section 206(a)(3) of this title would be subject to the minimum

wage requirements of section 206(a)(1) of this title".

Subsec. (b). Pub. L. 101-157, Sec. 4(c)(4), substituted "American

Samoa a competitive" for "Puerto Rico or in the Virgin Islands a

competitive", "American Samoa; except" for "Puerto Rico and the

Virgin Islands; except", and "section 206(a)(3) of this title" for

"section 206(c) of this title".

1977 - Subsec. (a). Pub. L. 95-151 inserted provisions relating

to appointment of industry committees by the Secretary and

functions of such industry committees.

1974 - Subsec. (a). Pub. L. 93-259, Sec. 5(d)(1), (2),

substituted in first sentence "the minimum wage rate which would

apply in each such industry under paragraph (1) or (5) of section

206(a) of this title but for section 206(c) of this title" for "the

minimum wage prescribed in paragraph (1) of section 206(a) of this

title in each such industry" and in third sentence "the otherwise

applicable minimum wage rate in effect under paragraph (1) or (5)

of section 206(a) of this title" for "the minimum wage rate

prescribed in paragraph (1) of section 206(a) of this title".

Subsec. (b). Pub. L. 93-259, Sec. 5(c)(1), required committee to

recommend minimum wage rate prescribed in section 206(a) or 206(b)

of this title, which would be applicable but for section 206(c) of

this title, unless industry is unable to pay that wage as

established by substantial documentary evidence or in case of

employees of public agencies other appropriate information in the

record.

Subsec. (c). Pub. L. 93-259, Sec. 5(d)(3), substituted "in effect

under paragraph (1) or (5) of section 206(a) of this title (as the

case may be)" for "prescribed in paragraph (1) of section 206(a) of

this title".

1961 - Subsec. (a). Pub. L. 87-30 inserted "or enterprises" after

"industries" in first sentence and "or in any enterprise engaged in

commerce or in the production of goods for commerce" after

"production of goods for commerce" in second sentence.

1958 - Subsec. (a). Pub. L. 85-750 provided for biennial instead

of an annual review of rates and for additional review, in

Secretary's discretion, during any biennial period.

1955 - Subsec. (a). Act Aug. 12, 1955, Sec. 4, required review of

minimum wage rates at least once each fiscal year.

Subsec. (b). Act Aug. 12, 1955, Sec. 5(b), permitted industry

committee or any authorized subcommittee to hear witnesses and

receive evidence only after due notice.

Subsec. (c). Act Aug. 12, 1955, Sec. 5(c), struck out provisions

which applied to Administrator in determining classifications and

minimum wage rates.

Subsec. (d). Act Aug. 12, 1955, Sec. 5(d), struck out provisions

which required hearings to be held on recommendations of industry

committee, and inserted provisions requiring publication of

recommendations and providing that such recommendations should take

effect 15 days after date of publication.

Subsec. (e). Act Aug. 12, 1955, Sec. 5(e), struck out provisions

which required due notice of orders by publication in Federal

Register and by other means as Administrator deemed reasonably

calculated to give general notice to interested persons.

1949 - Subsec. (a). Act Oct. 26, 1949, stated policy of chapter

with regard to minimum wage rate of industries in Puerto Rico and

Virgin Islands and limited application of section to such

industries.

Subsec. (b). Act Oct. 26, 1949, required an industry committee in

fixing minimum wage rates not to give a competitive advantage to

industries in Puerto Rico and Virgin Islands over United States

industries.

Subsec. (c). Act Oct. 26, 1949, struck out "for any industry"

before "shall recommend" and substituted "that prescribed in

paragraph (1) of section 206(a) of this title" for "40 cents an

hour" within parenthesis in first sentence.

Subsec. (d). Act Oct. 26, 1949, reenacted subsec. (d) without

change.

Subsecs. (e) to (g). Act Oct. 26, 1949, struck out subsec. (e)

and redesignated subsecs. (f) and (g) as (e) and (f), respectively.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section

15(a) of Pub. L. 95-151, set out as a note under section 203 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Section 4 of act Aug. 12, 1955, provided that the amendment made

by that section is effective July 1, 1956.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

-MISC2-

ORDERS, REGULATIONS, INTERPRETATIONS OR AGREEMENTS PRIOR TO 1949

AMENDMENTS

Section 16(c) of act Oct. 26, 1949, provided that: "Any order,

regulation, or interpretation of the Administrator of the Wage and

Hour Division or of the Secretary of Labor, and any agreement

entered into by the Administrator or the Secretary, in effect under

the provisions of the Fair Labor Standards Act of 1938, as amended

[this chapter], on the effective date of this Act [ninety days from

Oct. 26, 1949], shall remain in effect as an order, regulation,

interpretation, or agreement of the Administrator or the Secretary,

as the case may be, pursuant to this Act, except to the extent that

any such order, regulation, interpretation, or agreement may be

inconsistent with the provisions of this Act, or may from time to

time be amended, modified, or rescinded by the Administrator or the

Secretary, as the case may be, in accordance with the provisions of

this Act."

WAGE ORDERS ISSUED PRIOR TO JUNE 26, 1940, IN PUERTO RICO OR THE

VIRGIN ISLANDS

Joint Res. June 26, 1940, ch. 432, Sec. 3(d), 54 Stat. 616,

provided as follows: "No wage orders issued by the Administrator

pursuant to the recommendations of an industry committee made prior

to the enactment of this joint resolution pursuant to section 8

(this section) of the Fair Labor Standards Act of 1938 shall after

such enactment be applicable with respect to any employees engaged

in commerce or in the production of goods for commerce in Puerto

Rico or the Virgin Islands."

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

DEFINITION OF "SECRETARY"

The term "Secretary" as meaning the Secretary of Labor, see

section 6 of act Aug. 12, 1955, set out as a note under section 204

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 205, 206, 210 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 209. Attendance of witnesses

-STATUTE-

For the purpose of any hearing or investigation provided for in

this chapter, the provisions of sections 49 and 50 of title 15

(relating to the attendance of witnesses and the production of

books, papers, and documents), are made applicable to the

jurisdiction, powers, and duties of the Administrator, the

Secretary of Labor, and the industry committees.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 9, 52 Stat. 1065; 1946 Reorg. Plan

No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by this section in Secretary of Labor and

Administrator of Wage and Hour Division of Department of Labor

transferred to Equal Employment Opportunity Commission by Reorg.

Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out

in the Appendix to Title 5, Government Organization and Employees,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department, with

exception of functions vested by Administrative Procedure Act (now

covered by sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees) in hearing examiners

employed by Department, transferred to Secretary of Labor, with

power vested in him to authorize their performance or performance

of any of his functions by any of those officers, agencies, and

employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,

64 Stat. 1263, set out in the Appendix to Title 5.

"Secretary of Labor" substituted in text for "Chief of the

Children's Bureau" by 1946 Reorg. Plan No. 2. See Transfer of

Functions note set out under section 203 of this title.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 626, 2616 of this title.

-End-

-CITE-

29 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 210. Court review of wage orders in Puerto Rico and the Virgin

Islands

-STATUTE-

(a) Any person aggrieved by an order of the Secretary issued

under section 208 of this title may obtain a review of such order

in the United States Court of Appeals for any circuit wherein such

person resides or has his principal place of business, or in the

United States Court of Appeals for the District of Columbia, by

filing in such court, within 60 days after the entry of such order

a written petition praying that the order of the Secretary be

modified or set aside in whole or in part. A copy of such petition

shall forthwith be transmitted by the clerk of the court to the

Secretary, and thereupon the Secretary shall file in the court the

record of the industry committee upon which the order complained of

was entered, as provided in section 2112 of title 28. Upon the

filing of such petition such court shall have exclusive

jurisdiction to affirm, modify (including provision for the payment

of an appropriate minimum wage rate), or set aside such order in

whole or in part, so far as it is applicable to the petitioner. The

review by the court shall be limited to questions of law, and

findings of fact by such industry committee when supported by

substantial evidence shall be conclusive. No objection to the order

of the Secretary shall be considered by the court unless such

objection shall have been urged before such industry committee or

unless there were reasonable grounds for failure so to do. If

application is made to the court for leave to adduce additional

evidence, and it is shown to the satisfaction of the court that

such additional evidence may materially affect the result of the

proceeding and that there were reasonable grounds for failure to

adduce such evidence in the proceedings before such industry

committee, the court may order such additional evidence to be taken

before an industry committee and to be adduced upon the hearing in

such manner and upon such terms and conditions as to the court may

seem proper. Such industry committee may modify the initial

findings by reason of the additional evidence so taken, and shall

file with the court such modified or new findings which if

supported by substantial evidence shall be conclusive, and shall

also file its recommendation, if any, for the modification or

setting aside of the original order. The judgment and decree of the

court shall be final, subject to review by the Supreme Court of the

United States upon certiorari or certification as provided in

section 1254 of title 28.

(b) The commencement of proceedings under subsection (a) of this

section shall not, unless specifically ordered by the court,

operate as a stay of the Administrator's order. The court shall not

grant any stay of the order unless the person complaining of such

order shall file in court an undertaking with a surety or sureties

satisfactory to the court for the payment to the employees affected

by the order, in the event such order is affirmed, of the amount by

which the compensation such employees are entitled to receive under

the order exceeds the compensation they actually receive while such

stay is in effect.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 10, 52 Stat. 1065; Aug. 12, 1955, ch.

867, Sec. 5(f), 69 Stat. 712; Pub. L. 85-791, Sec. 22, Aug. 28,

1958, 72 Stat. 948; Pub. L. 93-259, Sec. 5(c)(2), Apr. 8, 1974, 88

Stat. 58.)

-MISC1-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-259 inserted "(including provision

for the payment of an appropriate minimum wage rate)" in third

sentence after "modify".

1958 - Subsec. (a). Pub. L. 85-791 substituted "transmitted by

the clerk of the court to the Secretary, and thereupon the

Secretary shall file in the court the record of the industry

committee" for "served upon the Secretary, and thereupon the

Secretary shall certify and file in the court a transcript of the

record" in second sentence, and inserted "as provided in section

2112 of title 28", and substituted "petition" for "transcript" in

third sentence.

1955 - Subsec. (a). Act Aug. 12, 1955, amended subsec. (a)

generally to make subsection conform to new procedure applicable to

Puerto Rico and Virgin Islands.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

DEFINITION OF "SECRETARY"

The term "Secretary" as meaning the Secretary of Labor, see

section 6 of act Aug. 12, 1955, set out as a note under section 204

of this title.

-End-

-CITE-

29 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 211. Collection of data

-STATUTE-

(a) Investigations and inspections

The Administrator or his designated representatives may

investigate and gather data regarding the wages, hours, and other

conditions and practices of employment in any industry subject to

this chapter, and may enter and inspect such places and such

records (and make such transcriptions thereof), question such

employees, and investigate such facts, conditions, practices, or

matters as he may deem necessary or appropriate to determine

whether any person has violated any provision of this chapter, or

which may aid in the enforcement of the provisions of this chapter.

Except as provided in section 212 of this title and in subsection

(b) of this section, the Administrator shall utilize the bureaus

and divisions of the Department of Labor for all the investigations

and inspections necessary under this section. Except as provided in

section 212 of this title, the Administrator shall bring all

actions under section 217 of this title to restrain violations of

this chapter.

(b) State and local agencies and employees

With the consent and cooperation of State agencies charged with

the administration of State labor laws, the Administrator and the

Secretary of Labor may, for the purpose of carrying out their

respective functions and duties under this chapter, utilize the

services of State and local agencies and their employees and,

notwithstanding any other provision of law, may reimburse such

State and local agencies and their employees for services rendered

for such purposes.

(c) Records

Every employer subject to any provision of this chapter or of any

order issued under this chapter shall make, keep, and preserve such

records of the persons employed by him and of the wages, hours, and

other conditions and practices of employment maintained by him, and

shall preserve such records for such periods of time, and shall

make such reports therefrom to the Administrator as he shall

prescribe by regulation or order as necessary or appropriate for

the enforcement of the provisions of this chapter or the

regulations or orders thereunder. The employer of an employee who

performs substitute work described in section 207(p)(3) of this

title may not be required under this subsection to keep a record of

the hours of the substitute work.

(d) Homework regulations

The Administrator is authorized to make such regulations and

orders regulating, restricting, or prohibiting industrial homework

as are necessary or appropriate to prevent the circumvention or

evasion of and to safeguard the minimum wage rate prescribed in

this chapter, and all existing regulations or orders of the

Administrator relating to industrial homework are continued in full

force and effect.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 11, 52 Stat. 1066; 1946 Reorg. Plan

No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095;

Oct. 26, 1949, ch. 736, Sec. 9, 63 Stat. 916; Pub. L. 99-150, Sec.

3(c)(2), Nov. 13, 1985, 99 Stat. 789.)

-MISC1-

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-150 inserted "The employer of an

employee who performs substitute work described in section

207(p)(3) of this title may not be required under this subsection

to keep a record of the hours of the substitute work."

1949 - Subsec. (d). Act Oct. 26, 1949, added subsec. (d).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section

6 of Pub. L. 99-150, set out as a note under section 203 of this

title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by subsecs. (a), (b), and (c) of this section in

Secretary of Labor and Administrator of Wage and Hour Division of

Department of Labor transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

"Secretary of Labor" substituted for "Chief of the Children's

Bureau" in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out

under section 203 of this title.

-MISC2-

EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY

LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT

POLICY

Amendment by Pub. L. 99-150 not to affect liability of certain

public agencies under section 216 of this title for violation of

this section occurring before Apr. 15, 1986, see section 7 of Pub.

L. 99-150, set out as a note under section 216 of this title.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

The term "Administrator" as meaning the Administrator of the Wage

and Hour Division, see section 204 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 215, 626, 2616 of

this title.

-End-

-CITE-

29 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 212. Child labor provisions

-STATUTE-

(a) Restrictions on shipment of goods; prosecution; conviction

No producer, manufacturer, or dealer shall ship or deliver for

shipment in commerce any goods produced in an establishment

situated in the United States in or about which within thirty days

prior to the removal of such goods therefrom any oppressive child

labor has been employed: Provided, That any such shipment or

delivery for shipment of such goods by a purchaser who acquired

them in good faith in reliance on written assurance from the

producer, manufacturer, or dealer that the goods were produced in

compliance with the requirements of this section, and who acquired

such goods for value without notice of any such violation, shall

not be deemed prohibited by this subsection: And provided further,

That a prosecution and conviction of a defendant for the shipment

or delivery for shipment of any goods under the conditions herein

prohibited shall be a bar to any further prosecution against the

same defendant for shipments or deliveries for shipment of any such

goods before the beginning of said prosecution.

(b) Investigations and inspections

The Secretary of Labor or any of his authorized representatives,

shall make all investigations and inspections under section 211(a)

of this title with respect to the employment of minors, and,

subject to the direction and control of the Attorney General, shall

bring all actions under section 217 of this title to enjoin any act

or practice which is unlawful by reason of the existence of

oppressive child labor, and shall administer all other provisions

of this chapter relating to oppressive child labor.

(c) Oppressive child labor

No employer shall employ any oppressive child labor in commerce

or in the production of goods for commerce or in any enterprise

engaged in commerce or in the production of goods for commerce.

(d) Proof of age

In order to carry out the objectives of this section, the

Secretary may by regulation require employers to obtain from any

employee proof of age.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 12, 52 Stat. 1067; 1946 Reorg. Plan

No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095;

Oct. 26, 1949, ch. 736, Sec. 10, 63 Stat. 917; Pub. L. 87-30, Sec.

8, May 5, 1961, 75 Stat. 70; Pub. L. 93-259, Sec. 25(a), Apr. 8,

1974, 88 Stat. 72.)

-MISC1-

AMENDMENTS

1974 - Subsec. (d). Pub. L. 93-259 added subsec. (d).

1961 - Subsec. (c). Pub. L. 87-30 inserted "or in any enterprise

engaged in commerce or in the production of goods for commerce".

1949 - Subsec. (a). Act Oct. 26, 1949, Sec. 10(a), struck out

effective date at beginning of subsection and inserted proviso

excepting good faith purchaser of goods produced by oppressive

child labor.

Subsec. (c). Act Oct. 26, 1949, Sec. 10(b), added subsec. (c).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

"Secretary of Labor" substituted for "Chief of the Children's

Bureau in the Department of Labor" in subsec. (b) by 1946 Reorg.

Plan No. 2. See note set out under section 203 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 211, 213, 215, 216 of

this title; title 2 section 1313; title 3 section 413.

-End-

-CITE-

29 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 213. Exemptions

-STATUTE-

(a) Minimum wage and maximum hour requirements

The provisions of sections 206 (except subsection (d) in the case

of paragraph (1) of this subsection) and 207 of this title shall

not apply with respect to -

(1) any employee employed in a bona fide executive,

administrative, or professional capacity (including any employee

employed in the capacity of academic administrative personnel or

teacher in elementary or secondary schools), or in the capacity

of outside salesman (as such terms are defined and delimited from

time to time by regulations of the Secretary, subject to the

provisions of subchapter II of chapter 5 of title 5, except that

an employee of a retail or service establishment shall not be

excluded from the definition of employee employed in a bona fide

executive or administrative capacity because of the number of

hours in his workweek which he devotes to activities not directly

or closely related to the performance of executive or

administrative activities, if less than 40 per centum of his

hours worked in the workweek are devoted to such activities); or

(2) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103

Stat. 939.

(3) any employee employed by an establishment which is an

amusement or recreational establishment, organized camp, or

religious or non-profit educational conference center, if (A) it

does not operate for more than seven months in any calendar year,

or (B) during the preceding calendar year, its average receipts

for any six months of such year were not more than 33 1/3 per

centum of its average receipts for the other six months of such

year, except that the exemption from sections 206 and 207 of this

title provided by this paragraph does not apply with respect to

any employee of a private entity engaged in providing services or

facilities (other than, in the case of the exemption from section

206 of this title, a private entity engaged in providing services

and facilities directly related to skiing) in a national park or

a national forest, or on land in the National Wildlife Refuge

System, under a contract with the Secretary of the Interior or

the Secretary of Agriculture; or

(4) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103

Stat. 939.

(5) any employee employed in the catching, taking, propagating,

harvesting, cultivating, or farming of any kind of fish,

shellfish, crustacea, sponges, seaweeds, or other aquatic forms

of animal and vegetable life, or in the first processing, canning

or packing such marine products at sea as an incident to, or in

conjunction with, such fishing operations, including the going to

and returning from work and loading and unloading when performed

by any such employee; or

(6) any employee employed in agriculture (A) if such employee

is employed by an employer who did not, during any calendar

quarter during the preceding calendar year, use more than five

hundred man-days of agricultural labor, (B) if such employee is

the parent, spouse, child, or other member of his employer's

immediate family, (C) if such employee (i) is employed as a hand

harvest laborer and is paid on a piece rate basis in an operation

which has been, and is customarily and generally recognized as

having been, paid on a piece rate basis in the region of

employment, (ii) commutes daily from his permanent residence to

the farm on which he is so employed, and (iii) has been employed

in agriculture less than thirteen weeks during the preceding

calendar year, (D) if such employee (other than an employee

described in clause (C) of this subsection) (i) is sixteen years

of age or under and is employed as a hand harvest laborer, is

paid on a piece rate basis in an operation which has been, and is

customarily and generally recognized as having been, paid on a

piece rate basis in the region of employment, (ii) is employed on

the same farm as his parent or person standing in the place of

his parent, and (iii) is paid at the same piece rate as employees

over age sixteen are paid on the same farm, or (E) if such

employee is principally engaged in the range production of

livestock; or

(7) any employee to the extent that such employee is exempted

by regulations, order, or certificate of the Secretary issued

under section 214 of this title; or

(8) any employee employed in connection with the publication of

any weekly, semiweekly, or daily newspaper with a circulation of

less than four thousand the major part of which circulation is

within the county where published or counties contiguous thereto;

or

(9) Repealed. Pub. L. 93-259, Sec. 23(a)(1), Apr. 8, 1974, 88

Stat. 69.

(10) any switchboard operator employed by an independently

owned public telephone company which has not more than seven

hundred and fifty stations; or

(11) Repealed. Pub. L. 93-259, Sec. 10(a), Apr. 8, 1974, 88

Stat. 63.

(12) any employee employed as a seaman on a vessel other than

an American vessel; or

(13), (14) Repealed. Pub. L. 93-259, Secs. 9(b)(1), 23(b)(1),

Apr. 8, 1974, 88 Stat. 63, 69.

(15) any employee employed on a casual basis in domestic

service employment to provide babysitting services or any

employee employed in domestic service employment to provide

companionship services for individuals who (because of age or

infirmity) are unable to care for themselves (as such terms are

defined and delimited by regulations of the Secretary); or

(16) a criminal investigator who is paid availability pay under

section 5545a of title 5; or

(17) any employee who is a computer systems analyst, computer

programmer, software engineer, or other similarly skilled worker,

whose primary duty is -

(A) the application of systems analysis techniques and

procedures, including consulting with users, to determine

hardware, software, or system functional specifications;

(B) the design, development, documentation, analysis,

creation, testing, or modification of computer systems or

programs, including prototypes, based on and related to user or

system design specifications;

(C) the design, documentation, testing, creation, or

modification of computer programs related to machine operating

systems; or

(D) a combination of duties described in subparagraphs (A),

(B), and (C) the performance of which requires the same level

of skills, and

who, in the case of an employee who is compensated on an hourly

basis, is compensated at a rate of not less than $27.63 an hour.

(b) Maximum hour requirements

The provisions of section 207 of this title shall not apply with

respect to -

(1) any employee with respect to whom the Secretary of

Transportation has power to establish qualifications and maximum

hours of service pursuant to the provisions of section 31502 of

title 49; or

(2) any employee of an employer engaged in the operation of a

rail carrier subject to part A of subtitle IV of title 49; or

(3) any employee of a carrier by air subject to the provisions

of title II of the Railway Labor Act [45 U.S.C. 181 et seq.]; or

(4) Repealed. Pub. L. 93-259, Sec. 11(c), Apr. 8, 1974, 88

Stat. 64.

(5) any individual employed as an outside buyer of poultry,

eggs, cream, or milk, in their raw or natural state; or

(6) any employee employed as a seaman; or

(7) Repealed. Pub. L. 93-259, Sec. 21(b)(3), Apr. 8, 1974, 88

Stat. 68.

(8) Repealed. Pub. L. 95-151, Sec. 14(b), Nov. 1, 1977, 91

Stat. 1252.

(9) any employee employed as an announcer, news editor, or

chief engineer by a radio or television station the major studio

of which is located (A) in a city or town of one hundred thousand

population or less, according to the latest available decennial

census figures as compiled by the Bureau of the Census, except

where such city or town is part of a standard metropolitan

statistical area, as defined and designated by the Office of

Management and Budget, which has a total population in excess of

one hundred thousand, or (B) in a city or town of twenty-five

thousand population or less, which is part of such an area but is

at least 40 airline miles from the principal city in such area;

or

(10)(A) any salesman, partsman, or mechanic primarily engaged

in selling or servicing automobiles, trucks, or farm implements,

if he is employed by a nonmanufacturing establishment primarily

engaged in the business of selling such vehicles or implements to

ultimate purchasers; or

(B) any salesman primarily engaged in selling trailers, boats,

or aircraft, if he is employed by a nonmanufacturing

establishment primarily engaged in the business of selling

trailers, boats, or aircraft to ultimate purchasers; or

(11) any employee employed as a driver or driver's helper

making local deliveries, who is compensated for such employment

on the basis of trip rates, or other delivery payment plan, if

the Secretary shall find that such plan has the general purpose

and effect of reducing hours worked by such employees to, or

below, the maximum workweek applicable to them under section

207(a) of this title; or

(12) any employee employed in agriculture or in connection with

the operation or maintenance of ditches, canals, reservoirs, or

waterways, not owned or operated for profit, or operated on a

sharecrop basis, and which are used exclusively for supply and

storing of water, at least 90 percent of which was ultimately

delivered for agricultural purposes during the preceding calendar

year; or

(13) any employee with respect to his employment in agriculture

by a farmer, notwithstanding other employment of such employee in

connection with livestock auction operations in which such farmer

is engaged as an adjunct to the raising of livestock, either on

his own account or in conjunction with other farmers, if such

employee (A) is primarily employed during his workweek in

agriculture by such farmer, and (B) is paid for his employment in

connection with such livestock auction operations at a wage rate

not less than that prescribed by section 206(a)(1) of this title;

or

(14) any employee employed within the area of production (as

defined by the Secretary) by an establishment commonly recognized

as a country elevator, including such an establishment which

sells products and services used in the operation of a farm, if

no more than five employees are employed in the establishment in

such operations; or

(15) any employee engaged in the processing of maple sap into

sugar (other than refined sugar) or syrup; or

(16) any employee engaged (A) in the transportation and

preparation for transportation of fruits or vegetables, whether

or not performed by the farmer, from the farm to a place of first

processing or first marketing within the same State, or (B) in

transportation, whether or not performed by the farmer, between

the farm and any point within the same State of persons employed

or to be employed in the harvesting of fruits or vegetables; or

(17) any driver employed by an employer engaged in the business

of operating taxicabs; or

(18), (19) Repealed. Pub. L. 93-259, Secs. 15(c), 16(b), Apr.

8, 1974, 88 Stat. 65.

(20) any employee of a public agency who in any workweek is

employed in fire protection activities or any employee of a

public agency who in any workweek is employed in law enforcement

activities (including security personnel in correctional

institutions), if the public agency employs during the workweek

less than 5 employees in fire protection or law enforcement

activities, as the case may be; or

(21) any employee who is employed in domestic service in a

household and who resides in such household; or

(22) Repealed. Pub. L. 95-151, Sec. 5, Nov. 1, 1977, 91 Stat.

1249.

(23) Repealed. Pub. L. 93-259, Sec. 10(b)(3), Apr. 8, 1974, 88

Stat. 64.

(24) any employee who is employed with his spouse by a

nonprofit educational institution to serve as the parents of

children -

(A) who are orphans or one of whose natural parents is

deceased, or

(B) who are enrolled in such institution and reside in

residential facilities of the institution,

while such children are in residence at such institution, if such

employee and his spouse reside in such facilities, receive,

without cost, board and lodging from such institution, and are

together compensated, on a cash basis, at an annual rate of not

less than $10,000; or

(25), (26) Repealed. Pub. L. 95-151, Secs. 6(a), 7(a), Nov. 1,

1977, 91 Stat. 1249, 1250.

(27) any employee employed by an establishment which is a

motion picture theater; or

(28) any employee employed in planting or tending trees,

cruising, surveying, or felling timber, or in preparing or

transporting logs or other forestry products to the mill,

processing plant, railroad, or other transportation terminal, if

the number of employees employed by his employer in such forestry

or lumbering operations does not exceed eight;

(29) any employee of an amusement or recreational establishment

located in a national park or national forest or on land in the

National Wildlife Refuge System if such employee (A) is an

employee of a private entity engaged in providing services or

facilities in a national park or national forest, or on land in

the National Wildlife Refuge System, under a contract with the

Secretary of the Interior or the Secretary of Agriculture, and

(B) receives compensation for employment in excess of fifty-six

hours in any workweek at a rate not less than one and one-half

times the regular rate at which he is employed; or

(30) a criminal investigator who is paid availability pay under

section 5545a of title 5.

(c) Child labor requirements

(1) Except as provided in paragraph (2) or (4), the provisions of

section 212 of this title relating to child labor shall not apply

to any employee employed in agriculture outside of school hours for

the school district where such employee is living while he is so

employed, if such employee -

(A) is less than twelve years of age and (i) is employed by his

parent, or by a person standing in the place of his parent, on a

farm owned or operated by such parent or person, or (ii) is

employed, with the consent of his parent or person standing in

the place of his parent, on a farm, none of the employees of

which are (because of subsection (a)(6)(A) of this section)

required to be paid at the wage rate prescribed by section

206(a)(5) of this title,

(B) is twelve years or thirteen years of age and (i) such

employment is with the consent of his parent or person standing

in the place of his parent, or (ii) his parent or such person is

employed on the same farm as such employee, or

(C) is fourteen years of age or older.

(2) The provisions of section 212 of this title relating to child

labor shall apply to an employee below the age of sixteen employed

in agriculture in an occupation that the Secretary of Labor finds

and declares to be particularly hazardous for the employment of

children below the age of sixteen, except where such employee is

employed by his parent or by a person standing in the place of his

parent on a farm owned or operated by such parent or person.

(3) The provisions of section 212 of this title relating to child

labor shall not apply to any child employed as an actor or

performer in motion pictures or theatrical productions, or in radio

or television productions.

(4)(A) An employer or group of employers may apply to the

Secretary for a waiver of the application of section 212 of this

title to the employment for not more than eight weeks in any

calendar year of individuals who are less than twelve years of age,

but not less than ten years of age, as hand harvest laborers in an

agricultural operation which has been, and is customarily and

generally recognized as being, paid on a piece rate basis in the

region in which such individuals would be employed. The Secretary

may not grant such a waiver unless he finds, based on objective

data submitted by the applicant, that -

(i) the crop to be harvested is one with a particularly short

harvesting season and the application of section 212 of this

title would cause severe economic disruption in the industry of

the employer or group of employers applying for the waiver;

(ii) the employment of the individuals to whom the waiver would

apply would not be deleterious to their health or well-being;

(iii) the level and type of pesticides and other chemicals used

would not have an adverse effect on the health or well-being of

the individuals to whom the waiver would apply;

(iv) individuals age twelve and above are not available for

such employment; and

(v) the industry of such employer or group of employers has

traditionally and substantially employed individuals under twelve

years of age without displacing substantial job opportunities for

individuals over sixteen years of age.

(B) Any waiver granted by the Secretary under subparagraph (A)

shall require that -

(i) the individuals employed under such waiver be employed

outside of school hours for the school district where they are

living while so employed;

(ii) such individuals while so employed commute daily from

their permanent residence to the farm on which they are so

employed; and

(iii) such individuals be employed under such waiver (I) for

not more than eight weeks between June 1 and October 15 of any

calendar year, and (II) in accordance with such other terms and

conditions as the Secretary shall prescribe for such individuals'

protection.

(5)(A) In the administration and enforcement of the child labor

provisions of this chapter, employees who are 16 and 17 years of

age shall be permitted to load materials into, but not operate or

unload materials from, scrap paper balers and paper box compactors

-

(i) that are safe for 16- and 17-year-old employees loading the

scrap paper balers or paper box compactors; and

(ii) that cannot be operated while being loaded.

(B) For purposes of subparagraph (A), scrap paper balers and

paper box compactors shall be considered safe for 16- or

17-year-old employees to load only if -

(i)(I) the scrap paper balers and paper box compactors meet the

American National Standards Institute's Standard ANSI Z245.5-1990

for scrap paper balers and Standard ANSI Z245.2-1992 for paper

box compactors; or

(II) the scrap paper balers and paper box compactors meet an

applicable standard that is adopted by the American National

Standards Institute after August 6, 1996, and that is certified

by the Secretary to be at least as protective of the safety of

minors as the standard described in subclause (I);

(ii) the scrap paper balers and paper box compactors include an

on-off switch incorporating a key-lock or other system and the

control of the system is maintained in the custody of employees

who are 18 years of age or older;

(iii) the on-off switch of the scrap paper balers and paper box

compactors is maintained in an off position when the scrap paper

balers and paper box compactors are not in operation; and

(iv) the employer of 16- and 17-year-old employees provides

notice, and posts a notice, on the scrap paper balers and paper

box compactors stating that -

(I) the scrap paper balers and paper box compactors meet the

applicable standard described in clause (i);

(II) 16- and 17-year-old employees may only load the scrap

paper balers and paper box compactors; and

(III) any employee under the age of 18 may not operate or

unload the scrap paper balers and paper box compactors.

The Secretary shall publish in the Federal Register a standard that

is adopted by the American National Standards Institute for scrap

paper balers or paper box compactors and certified by the Secretary

to be protective of the safety of minors under clause (i)(II).

(C)(i) Employers shall prepare and submit to the Secretary

reports -

(I) on any injury to an employee under the age of 18 that

requires medical treatment (other than first aid) resulting from

the employee's contact with a scrap paper baler or paper box

compactor during the loading, operation, or unloading of the

baler or compactor; and

(II) on any fatality of an employee under the age of 18

resulting from the employee's contact with a scrap paper baler or

paper box compactor during the loading, operation, or unloading

of the baler or compactor.

(ii) The reports described in clause (i) shall be used by the

Secretary to determine whether or not the implementation of

subparagraph (A) has had any effect on the safety of children.

(iii) The reports described in clause (i) shall provide -

(I) the name, telephone number, and address of the employer and

the address of the place of employment where the incident

occurred;

(II) the name, telephone number, and address of the employee

who suffered an injury or death as a result of the incident;

(III) the date of the incident;

(IV) a description of the injury and a narrative describing how

the incident occurred; and

(V) the name of the manufacturer and the model number of the

scrap paper baler or paper box compactor involved in the

incident.

(iv) The reports described in clause (i) shall be submitted to

the Secretary promptly, but not later than 10 days after the date

on which an incident relating to an injury or death occurred.

(v) The Secretary may not rely solely on the reports described in

clause (i) as the basis for making a determination that any of the

employers described in clause (i) has violated a provision of

section 212 of this title relating to oppressive child labor or a

regulation or order issued pursuant to section 212 of this title.

The Secretary shall, prior to making such a determination, conduct

an investigation and inspection in accordance with section 212(b)

of this title.

(vi) The reporting requirements of this subparagraph shall expire

2 years after August 6, 1996.

(6) In the administration and enforcement of the child labor

provisions of this chapter, employees who are under 17 years of age

may not drive automobiles or trucks on public roadways. Employees

who are 17 years of age may drive automobiles or trucks on public

roadways only if -

(A) such driving is restricted to daylight hours;

(B) the employee holds a State license valid for the type of

driving involved in the job performed and has no records of any

moving violation at the time of hire;

(C) the employee has successfully completed a State approved

driver education course;

(D) the automobile or truck is equipped with a seat belt for

the driver and any passengers and the employee's employer has

instructed the employee that the seat belts must be used when

driving the automobile or truck;

(E) the automobile or truck does not exceed 6,000 pounds of

gross vehicle weight;

(F) such driving does not involve -

(i) the towing of vehicles;

(ii) route deliveries or route sales;

(iii) the transportation for hire of property, goods, or

passengers;

(iv) urgent, time-sensitive deliveries;

(v) more than two trips away from the primary place of

employment in any single day for the purpose of delivering

goods of the employee's employer to a customer (other than

urgent, time-sensitive deliveries);

(vi) more than two trips away from the primary place of

employment in any single day for the purpose of transporting

passengers (other than employees of the employer);

(vii) transporting more than three passengers (including

employees of the employer); or

(viii) driving beyond a 30 mile radius from the employee's

place of employment; and

(G) such driving is only occasional and incidental to the

employee's employment.

For purposes of subparagraph (G), the term "occasional and

incidental" is no more than one-third of an employee's worktime in

any workday and no more than 20 percent of an employee's worktime

in any workweek.

(d) Delivery of newspapers and wreathmaking

The provisions of sections 206, 207, and 212 of this title shall

not apply with respect to any employee engaged in the delivery of

newspapers to the consumer or to any homeworker engaged in the

making of wreaths composed principally of natural holly, pine,

cedar, or other evergreens (including the harvesting of the

evergreens or other forest products used in making such wreaths).

(e) Maximum hour requirements and minimum wage employees

The provisions of section 207 of this title shall not apply with

respect to employees for whom the Secretary of Labor is authorized

to establish minimum wage rates as provided in section 206(a)(3) of

this title, except with respect to employees for whom such rates

are in effect; and with respect to such employees the Secretary may

make rules and regulations providing reasonable limitations and

allowing reasonable variations, tolerances, and exemptions to and

from any or all of the provisions of section 207 of this title if

he shall find, after a public hearing on the matter, and taking

into account the factors set forth in section 206(a)(3) of this

title, that economic conditions warrant such action.

(f) Employment in foreign countries and certain United States

territories

The provisions of sections 206, 207, 211, and 212 of this title

shall not apply with respect to any employee whose services during

the workweek are performed in a workplace within a foreign country

or within territory under the jurisdiction of the United States

other than the following: a State of the United States; the

District of Columbia; Puerto Rico; the Virgin Islands; outer

Continental Shelf lands defined in the Outer Continental Shelf

Lands Act (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.];

American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll;

and Johnston Island.

(g) Certain employment in retail or service establishments,

agriculture

The exemption from section 206 of this title provided by

paragraph (6) of subsection (a) of this section shall not apply

with respect to any employee employed by an establishment (1) which

controls, is controlled by, or is under common control with,

another establishment the activities of which are not related for a

common business purpose to, but materially support the activities

of the establishment employing such employee; and (2) whose annual

gross volume of sales made or business done, when combined with the

annual gross volume of sales made or business done by each

establishment which controls, is controlled by, or is under common

control with, the establishment employing such employee, exceeds

$10,000,000 (exclusive of excise taxes at the retail level which

are separately stated).

(h) Maximum hour requirement: fourteen workweek limitation

The provisions of section 207 of this title shall not apply for a

period or periods of not more than fourteen workweeks in the

aggregate in any calendar year to any employee who -

(1) is employed by such employer -

(A) exclusively to provide services necessary and incidental

to the ginning of cotton in an establishment primarily engaged

in the ginning of cotton;

(B) exclusively to provide services necessary and incidental

to the receiving, handling, and storing of raw cotton and the

compressing of raw cotton when performed at a cotton warehouse

or compress-warehouse facility, other than one operated in

conjunction with a cotton mill, primarily engaged in storing

and compressing;

(C) exclusively to provide services necessary and incidental

to the receiving, handling, storing, and processing of

cottonseed in an establishment primarily engaged in the

receiving, handling, storing, and processing of cottonseed; or

(D) exclusively to provide services necessary and incidental

to the processing of sugar cane or sugar beets in an

establishment primarily engaged in the processing of sugar cane

or sugar beets; and

(2) receives for -

(A) such employment by such employer which is in excess of

ten hours in any workday, and

(B) such employment by such employer which is in excess of

forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the

regular rate at which he is employed.

Any employer who receives an exemption under this subsection shall

not be eligible for any other exemption under this section or

section 207 of this title.

(i) Cotton ginning

The provisions of section 207 of this title shall not apply for a

period or periods of not more than fourteen workweeks in the

aggregate in any period of fifty-two consecutive weeks to any

employee who -

(1) is engaged in the ginning of cotton for market in any place

of employment located in a county where cotton is grown in

commercial quantities; and

(2) receives for any such employment during such workweeks -

(A) in excess of ten hours in any workday, and

(B) in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the

regular rate at which he is employed. No week included in any

fifty-two week period for purposes of the preceding sentence may

be included for such purposes in any other fifty-two week period.

(j) Processing of sugar beets, sugar beet molasses, or sugar cane

The provisions of section 207 of this title shall not apply for a

period or periods of not more than fourteen workweeks in the

aggregate in any period of fifty-two consecutive weeks to any

employee who -

(1) is engaged in the processing of sugar beets, sugar beet

molasses, or sugar cane into sugar (other than refined sugar) or

syrup; and

(2) receives for any such employment during such workweeks -

(A) in excess of ten hours in any workday, and

(B) in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the

regular rate at which he is employed. No week included in any

fifty-two week period for purposes of the preceding sentence may

be included for such purposes in any other fifty-two week period.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 13, 52 Stat. 1067; Aug. 9, 1939, ch.

605, 53 Stat. 1266; Oct. 26, 1949, ch. 736, Sec. 11, 63 Stat. 917;

Aug. 8, 1956, ch. 1035, Sec. 3, 70 Stat. 1118; Pub. L. 85-231, Sec.

1(1), Aug. 30, 1957, 71 Stat. 514; Pub. L. 86-624, Sec. 21(b), July

12, 1960, 74 Stat. 417; Pub. L. 87-30, Secs. 9, 10, May 5, 1961, 75

Stat. 71, 74; Pub. L. 89-601, title II, Secs. 201-204(a), (b),

205-212(a), 213, 214, 215(b), (c), Sept. 23, 1966, 80 Stat.

833-838; Pub. L. 89-670, Sec. 8(e), Oct. 15, 1966, 80 Stat. 943;

1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959,

84 Stat. 2085; Pub. L. 92-318, title IX, Sec. 906(b)(1), June 23,

1972, 86 Stat. 375; Pub. L. 93-259, Secs. 6(c)(2), 7(b)(3), (4), 8,

9(b), 10, 11, 12(a), 13(a)-(d), 14-18, 20(a)-(c), 21(b), 22, 23,

25(b), Apr. 8, 1974, 88 Stat. 61-69, 72; Pub. L. 95-151, Secs. 4-8,

9(d), 11, 14, Nov. 1, 1977, 91 Stat. 1249, 1250-1252; Pub. L.

96-70, title I, Sec. 1225(a), Sept. 27, 1979, 93 Stat. 468; Pub. L.

101-157, Sec. 3(c), Nov. 17, 1989, 103 Stat. 939; Pub. L. 103-329,

title VI, Sec. 633(d), Sept. 30, 1994, 108 Stat. 2428; Pub. L.

104-88, title III, Sec. 340, Dec. 29, 1995, 109 Stat. 955; Pub. L.

104-174, Sec. 1, Aug. 6, 1996, 110 Stat. 1553; Pub. L. 104-188,

[title II], Sec. 2105(a), Aug. 20, 1996, 110 Stat. 1929; Pub. L.

105-78, title I, Sec. 105, Nov. 13, 1997, 111 Stat. 1477; Pub. L.

105-334, Sec. 2(a), Oct. 31, 1998, 112 Stat. 3137.)

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsec. (b)(3), is act May

20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the

Railway Labor Act was added by act Apr. 10, 1936, ch. 166, 49 Stat.

1189, and is classified generally to subchapter II (Sec. 181 et

seq.) of Title 45, Railroads. For complete classification of this

Act to the Code see section 151 of Title 45 and Tables.

The Outer Continental Shelf Lands Act, referred to in subsec.

(f), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

-COD-

CODIFICATION

In subsec. (a)(1), "subchapter II of chapter 5 of title 5"

substituted for "the Administrative Procedure Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

In subsec. (b)(1), "section 31502 of title 49" substituted for

"section 3102 of title 49" on authority of Pub. L. 103-272, Secs.

1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378.

Previously, "section 3102 of title 49" substituted for "section 204

of the Motor Carrier Act, 1935 [49 U.S.C. 304]", on authority of

Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443, the first

section of which enacted subtitle I (Sec. 101 et seq.) and chapter

31 (Sec. 3101 et seq.) of subtitle II of Title 49, Transportation.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(6). Pub. L. 105-334 added par. (6).

1997 - Subsec. (b)(12). Pub. L. 105-78 substituted "water, at

least 90 percent of which was ultimately delivered for agricultural

purposes during the preceding calendar year" for "water for

agricultural purposes".

1996 - Subsec. (a)(17). Pub. L. 104-188 added par. (17).

Subsec. (c)(5). Pub. L. 104-174 added par. (5).

1995 - Subsec. (b)(2). Pub. L. 104-88 substituted "rail carrier

subject to part A of subtitle IV of title 49" for "common carrier

by rail and subject to the provisions of part I of the Interstate

Commerce Act".

1994 - Subsec. (a)(16). Pub. L. 103-329, Sec. 633(d)(1), added

par. (16).

Subsec. (b)(30). Pub. L. 103-329, Sec. 633(d)(2), added par.

(30).

1989 - Subsec. (a)(2). Pub. L. 101-157, Sec. 3(c)(1), struck out

par. (2) which related to employees employed by a retail or service

establishment.

Subsec. (a)(4). Pub. L. 101-157, Sec. 3(c)(1), struck out par.

(4) which related to employees employed by an establishment which

qualified as an exempt retail establishment under clause (2) of

this subsection and was recognized as a retail establishment in the

particular industry notwithstanding that such establishment made or

processed at the retail establishment the goods that it sold.

Subsec. (g). Pub. L. 101-157, Sec. 3(c)(2), substituted "provided

by paragraph (6) of subsection (a) of this section" for "provided

by paragraphs (2) and (6) of subsection (a) of this section" and

struck out before period at end ", except that the exemption from

section 206 of this title provided by paragraph (2) of subsection

(a) of this section shall apply with respect to any establishment

described in this subsection which has an annual dollar volume of

sales which would permit it to qualify for the exemption provided

in paragraph (2) of subsection (a) of this section if it were in an

enterprise described in section 203(s) of this title".

1979 - Subsec. (f). Pub. L. 96-70 struck out "; and the Canal

Zone" after "Johnston Island".

1977 - Subsec. (a)(2). Pub. L. 95-151, Sec. 9(d), substituted

"section 203(s)(5)" for "section 203(s)(4)".

Subsec. (a)(3). Pub. L. 95-151, Secs. 4(a), 11, inserted

"organized camp, or religious or non-profit educational conference

center," after "recreational establishment,", and inserted

provisions relating to applicability of exemption from sections 206

and 207 of this title authorized by this paragraph for private

employees in national parks, etc.

Subsec. (b)(8). Pub. L. 95-151, Sec. 14(a), substituted

"forty-four" for "forty-six".

Pub. L. 95-151, Sec. 14(b), struck out par. (8) which related to

exemption of hotel, motel, and restaurant employees, effective Jan.

1, 1979.

Subsec. (b)(22). Pub. L. 95-151, Sec. 5, struck out par. (22)

which related to exemption of shade-grown tobacco employees.

Subsec. (b)(25). Pub. L. 95-151, Sec. 6(a), struck out par. (25)

which related to exemption of cotton ginning employees. See subsec.

(i) of this section.

Subsec. (b)(26). Pub. L. 95-151, Sec. 7(a), struck out par. (26)

which related to exemption of sugar employees. See subsec. (j) of

this section.

Subsec. (b)(29). Pub. L. 95-151, Sec. 4(b), added par. (29).

Subsec. (c). Pub. L. 95-151, Sec. 8, in par. (1) inserted

reference to par. (4), and added par. (4).

Subsec. (i). Pub. L. 95-151, Sec. 6(b), added subsec. (i).

Subsec. (j). Pub. L. 95-151, Sec. 7(b), added subsec. (j).

1974 - Subsec. (a)(2). Pub. L. 93-259, Sec. 8(a), substituted

"$225,000" for "$250,000" effective Jan. 1, 1975, Pub. L. 93-259,

Sec. 8(b), substituted "$200,000" for "$225,000" effective Jan. 1,

1976. Pub. L. 93-259, Sec. 8(c), struck out "or such establishment

has an annual dollar volume of sales which is less than $200,000

(exclusive of excise taxes at the retail level which are separately

stated)" after "section 203(s) of this title" effective Jan. 1,

1977.

Subsec. (a)(9). Pub. L. 93-259, Sec. 23(a)(1), repealed exemption

provision respecting any employee employed by an establishment

which is a motion picture theater. See subsec. (b)(27) of this

section.

Subsec. (a)(11). Pub. L. 93-259, Sec. 10(a), repealed exemption

provision respecting any employee or proprietor in a retail or

service establishment which qualifies as an exempt retail or

service establishment under former par. (2) of subsec. (a) with

respect to whom provisions of sections 206 and 207 of this title

would not otherwise apply, engaged in handling telegraphic messages

for public under an agency or contract arrangement with a telegraph

company where telegraph message revenue of such agency does not

exceed $500 a month.

Subsec. (a)(13). Pub. L. 93-259, Sec. 23(b)(1), repealed

exemption provision respecting any employee employed in planting or

tending trees, cruising, surveying, or felling timber, or in

preparing or transporting logs or other forestry products to mill,

processing plant, railroad, or other transportation terminal, if

number of employees employed by his employer in such forestry or

lumbering operations does not exceed eight. See subsec. (b)(28) of

this section.

Subsec. (a)(14). Pub. L. 93-259, Sec. 9(b)(1), repealed exemption

provision respecting any agricultural employee employed in the

growing and harvesting of shade-grown tobacco who is engaged in

processing (including, but not limited to, drying, curing,

fermenting, bulking, rebulking, sorting, grading, aging, and

baling) of such tobacco, prior to the stemming process, for use as

cigar wrapper tobacco. See subsec. (b)(22) of this section.

Subsec. (a)(15). Pub. L. 93-259, Sec. 7(b)(3), added par. (15).

Subsec. (b)(2). Pub. L. 93-259, Sec. 23(c), amended par. (2)

(insofar as it relates to pipeline employees), inserting "engaged

in the operation of a common carrier by rail and" after "employer".

Subsec. (b)(4). Pub. L. 93-259, Sec. 11(a), effective May 1,

1974, inserted "who is" after "employee" and ", and who receives

compensation for employment in excess of forty-eight hours in any

workweek at a rate not less than one and one-half times the regular

rate at which he is employed" before the semi-colon. Pub. L.

93-259, Sec. 11(b), substituted "forty-four hours" for "forty-eight

hours" effective one year after May 1, 1974. Pub. L. 93-259, Sec.

11(c), repealed subsec. (b)(4) effective two years after May 1,

1974.

Subsec. (b)(7). Pub. L. 93-259, Sec. 21(b)(1), substituted

"(regardless of whether or not such railway or carrier is public or

private or operated for profit or not for profit), if such employee

receives compensation for employment in excess of forty-eight hours

in any workweek at a rate not less than one and one-half times the

regular rate at which he is employed" for ", if the rates and

services of such railway or carrier are subject to regulation by a

State or local agency" effective May 1, 1974. Pub. L. 93-259, Sec.

21(b)(2), substituted "forty-four hours" for "forty-eight hours"

effective one year after May 1, 1974. Pub. L. 93-259, Sec. 21(b)(3)

repealed subsec. (b)(7) effective two years after May 1, 1974.

Subsec. (b)(8). Pub. L. 93-259, Secs. 12(a), 13(a), effective May

1, 1974, insofar as relating to nursing home employees, struck out

exemption provision respecting any employee who is employed by an

establishment which is an institution (other than a hospital)

primarily engaged in the care of the sick, the aged, or the

mentally ill or defective who reside on the premises, and receives

compensation for employment in excess of forty-eight hours in any

workweek at a rate not less than one and one-half times the regular

rate at which he is employed, and insofar as relating to a hotel,

motel, and restaurant employees, substituted "(A) any employee

(other than an employee of a hotel or motel who performs maid or

custodial services) who is" for "any employee", inserted before the

semicolon "and who receives compensation for employment in excess

of forty-eight hours in any workweek at a rate not less than one

and one-half times the regular rate at which he is employed", and

added subpar. (B). Pub. L. 93-259, Sec. 13(b), effective one year

after May 1, 1974, substituted "forty-six hours" for "forty-eight

hours" in subparas. (A) and (B). Pub. L. 93-259, Sec. 13(c),

effective two years after May 1, 1974, substituted "forty-four

hours" for "forty-six hours" in subpar. (B). Pub. L. 93-259, Sec.

13(d), repealed subsec. (b)(8)(B) and eliminated the designation

(A), effective three years after May 1, 1974.

Subsec. (b)(10). Pub. L. 93-259, Sec. 14, incorporated existing

paragraph in provisions designated as subpar. (A), struck out from

the list references to trailers and aircraft, inserted reference to

implements, and added subpar. (B) incorporating references to

trailers and aircraft.

Subsec. (b)(15). Pub. L. 93-259, Sec. 20(a), struck out exemption

provision respecting any employee engaged in ginning of cotton for

market, in any place of employment located in a county where cotton

is grown in commercial quantities or in the processing of sugar

beets, sugar-beet molasses, and sugarcane into sugar. See subsec.

(b)(25) and (26) of this section.

Subsec. (b)(18). Pub. L. 93-259, Sec. 15(a), effective May 1,

1974, inserted "and who receives compensation for employment in

excess of forty-eight hours in any workweek at a rate not less than

one and one-half times the regular rate at which he is employed."

Pub. L. 93-259, Sec. 15(b), effective one year after May 1, 1974,

substituted "forty-four hours" for "forty-eight hours." Pub. L.

93-259, Sec. 15(c), repealed par. (18) effective two years after

May 1, 1974.

Subsec. (b)(19). Pub. L. 93-259, Sec. 16(a), effective one year

after May 1, 1974, substituted "forty-four hours" for "forty-eight

hours". Pub. L. 93-259, Sec. 16(b), repealed par. (19), effective

two years after May 1, 1974.

Subsec. (b)(20). Pub. L. 93-259, Sec. 6(c)(2)(A), added par. (20)

effective May 1, 1974. Pub. L. 93-259, Sec. 6(c)(2)(B), effective

Jan. 1, 1975, made maximum hours provisions inapplicable during any

workweek to any employee of a public agency employing during the

workweek less than 5 employees.

Subsec. (b)(21). Pub. L. 93-259, Sec. 7(b)(4), added par. (21).

Subsec. (b)(22). Pub. L. 93-259, Sec. 9(b)(2), added par. (22).

Subsec. (b)(23). Pub. L. 93-259, Sec. 10(b)(1), added par. (23),

effective May 1, 1974. Pub. L. 93-259, Sec. 10(b)(2), substituted

"forty-four hours" for "forty-eight hours" effective one year after

May 1, 1974. Pub. L. 93-259, Sec. 10(b)(3), repealed par. (23)

effective two years after May 1, 1974.

Subsec. (b)(24). Pub. L. 93-259, Sec. 17, added par. (24).

Subsec. (b)(25). Pub. L. 93-259, Sec. 20(b)(1), added par. (25)

effective May 1, 1974. Pub. L. 93-259, Sec. 20(b)(2), effective

Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar.

(A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours

in any workweek for not more than two workweeks in that year, and"

for "forty-eight hours in any other workweek in that year," in

subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(b)(3),

effective Jan. 1, 1976, substituted "sixty" for "sixty-six",

"fifty-six" for "sixty", "forty-eight" for "fifty", "forty-four"

for "forty-six", and "forty" for "forty-four".

Subsec. (b)(26). Pub. L. 93-259, Sec. 20(c)(1), added par. (26)

effective May 1, 1974. Pub. L. 93-259, Sec. 20(c)(2), effective

Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar.

(A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours

in any workweek for not more than two workweeks in that year, and"

for "forty-eight hours in any other workweek in that year," in

subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(c)(3),

effective Jan. 1, 1976, substituted "sixty" for "sixty-six",

"fifty-six" for "sixty", "forty-eight" for "fifty", "forty-four"

for "forty-six", and "forty" for "forty-four".

Subsec. (b)(27). Pub. L. 93-259, Sec. 23(a)(2), added par. (27).

Subsec. (b)(28). Pub. L. 93-259, Sec. 23(b)(2), added par. (28).

Subsec. (c)(1). Pub. L. 93-259, Sec. 25(b), amended par. (1)

generally, striking out "with respect" after "shall not apply",

inserting ", if such employee - ", and adding subpars. (A) to (C).

Subsec. (g). Pub. L. 93-259, Sec. 18, added subsec. (g).

Subsec. (h). Pub. L. 93-259, Sec. 22, added subsec. (h).

1972 - Subsec. (a). Pub. L. 92-318 inserted "(except subsection

(d) in the case of paragraph (1) of this subsection)" after

introductory text "sections 206".

1966 - Subsec. (a)(1). Pub. L. 89-601, Sec. 214, inserted

"(including any employee employed in the capacity of academic

administrative personnel or teacher in elementary or secondary

schools)" after "professional capacity".

Subsec. (a)(2). Pub. L. 89-601, Sec. 201(a), revised the retail

or service establishment exemption so as to exempt employees of a

retail or service establishment (other than an establishment or

employee engaged in laundering or drycleaning or an establishment

engaged in the operation of a hospital, school, or institution

specifically included in the definition of the term "enterprise

engaged in commerce or in the production of goods for commerce") if

more than 50 per centum of the establishment's annual dollar volume

of sales of goods or services is made within the state in which the

establishment is located and the establishment is not an enterprise

described in section 203(s) of this title or the establishment has

an annual dollar volume of sales which is less than $250,000.

Subsec. (a)(3). Pub. L. 89-601, Secs. 201(b)(2), 202, repealed

par. (3) relating to employees of laundry, cleaning, and fabric or

clothing repair establishments doing more than 50 per centum of

their annual dollar volume of business within the state in which

the establishment is located and enacted a new par. (3) relating to

employees of amusement or recreational establishments which do not

operate for more than seven months in any calendar year or which

had receipts over a six-month period which were not more than 33

1/3 per centum of its average receipts for the other six months of

such year.

Subsec. (a)(6). Pub. L. 89-601, Sec. 203(a), limited the

provisions exempting agricultural employees from application of

sections 206 and 207 of this title by narrowing the class of

exempted agricultural employees to include only an employee

employed by an employer who did not, during any calendar quarter

during the preceding calendar year, use more than 500 man-days of

agricultural labor, an employee who is the spouse, parent, child,

or other member of his employer's immediate family, certain hand

harvest laborers, or an employee principally engaged in the range

production of livestock. See subsec. (b)(12) of this section.

Subsec. (a)(7). Pub. L. 89-601, Sec. 215(c), extended coverage to

include employees exempted by a certificate of the Secretary.

Subsec. (a)(8). Pub. L. 89-601, Sec. 205, substituted "where

published" for "where printed and published".

Subsec. (a)(9). Pub. L. 89-601, Secs. 206(a), 207, repealed par.

(9) relating to employees of street, suburban, or interurban

electric railways, or local trolleys or motor bus carriers not in a

section 203(s) enterprise and enacted a new par. (9) relating to

employees employed by motion picture theaters. See subsec. (b)(7)

of this section.

Subsec. (a)(10). Pub. L. 89-601, Secs. 204(a), 215(b)(1),

repealed par. (10) relating to employees engaged in handling and

processing of agricultural, horticultural, and dairy products and

redesignated par. (11) as (10). See section 207(d) of this title.

Subsec. (a)(11). Pub. L. 89-601, Sec. 215(b)(1), redesignated

par. (13) as (11). Former par. (11) redesignated (10).

Subsec. (a)(12). Pub. L. 89-601, Secs. 206(b)(1), 215(b)(1),

repealed par. (12) relating to employees of employers engaged in

the business of operating taxicabs and redesignated par. (14) as

(12). See subsec. (b)(17) of this section.

Subsec. (a)(13). Pub. L. 89-601, Secs. 208, 215(b)(1),

redesignated par. (15) as (13) and substituted "eight" for

"twelve". Former par. (13) redesignated (11).

Subsec. (a)(14). Pub. L. 89-601, Sec. 215(b), redesignated par.

(21) as (14) and substituted a period for "; or" at end. Former

par. (14) redesignated (12).

Subsec. (a)(15). Pub. L. 89-601, Sec. 215(b)(1), redesignated

par. (15) as (13).

Subsec. (a)(16). Pub. L. 89-601, Sec. 203(b), repealed par. (16)

relating to agricultural employees employed in livestock auctions.

See subsec. (b)(13) of this section.

Subsec. (a)(17). Pub. L. 89-601, Sec. 204(a), repealed par. (17)

relating to country elevator operators. See subsec. (b)(14) of this

section.

Subsec. (a)(18). Pub. L. 89-601, Sec. 204(a), repealed par. (18)

relating to cotton ginning employees. See subsec. (b)(15) of this

section.

Subsec. (a)(19). Pub. L. 89-601, Sec. 209(a), repealed par. (19)

relating to employees of retail and service establishments that are

primarily engaged in the business of selling automobiles, trucks,

or farm implements. See subsec. (b)(10) of this section.

Subsec. (a)(20). Pub. L. 89-601, Sec. 210(a), repealed par. (20)

relating to employees of food retail or service establishments. See

subsec. (b)(18) of this section.

Subsec. (a)(21). Pub. L. 89-601, Sec. 215(b)(1), redesignated

par. (21) as (14).

Subsec. (a)(22). Pub. L. 89-601, Sec. 204(a), repealed par. (22)

relating to fruit and vegetable transportation employees. See

subsec. (b)(16) of this section.

Subsec. (b)(1). Pub. L. 89-670 substituted "Secretary of

Transportation" for "Interstate Commerce Commission".

Subsec. (b)(7). Pub. L. 89-601, Sec. 206(c), narrowed the scope

of the exemption from any employee of the covered transportation

companies to drivers, operators, and conductors only and narrowed

the range of covered transportation companies from any street,

suburban, or interurban electric railway, or local trolley or

motorbus carrier to only those of such named enterprises as have

their rates and service subject to regulation by a state or local

agency.

Subsec. (b)(8). Pub. L. 89-601, Secs. 201(b)(1), 211, repealed

par. (8) which named employees of gasoline service stations as a

group to which section 207 of this title shall not apply and

enacted a new par. (8) providing that section 207 of this title

shall not apply with respect to hotel, motel, or restaurant

employees and employees who receive compensation for employment in

excess 48 hours in any workweek at a rate not less than one and

one-half times the regular rate at which he is employed and who is

employed by an institution other than a hospital primarily engaged

in the care of the sick, the aged, or the mentally ill or defective

residing on the premises.

Subsec. (b)(10). Pub. L. 89-601, Secs. 209(b), 212(a), repealed

par. (10) which granted an unlimited overtime exemption relating to

petroleum distribution employees and enacted a new par. (10)

relating to salesmen, partsmen, or mechanics primarily engaged in

selling or servicing automobiles, trailers, trucks, farm

implements, or aircraft if employed by a nonmanufacturing

establishment primarily engaged in the business of selling such

vehicles to ultimate purchasers. See subsec. (b)(3) of this

section.

Subsec. (b)(12) to (19). Pub. L. 89-601, Secs. 203(c)(B), 204(b),

206(b)(2), 210(b), added pars. (12) to (19).

Subsec. (c). Pub. L. 89-601, Sec. 203(d), inserted provision

making section 212 of this title relating to child labor applicable

to an employee below the age of sixteen employed in agriculture in

an occupation that the Secretary of Labor finds and declares to be

particularly hazardous for the employment of children below the age

of sixteen, except where such employee is employed by his parent or

by a person standing in the place of his parent on a farm owned or

operated by such parent or person.

Subsec. (f). Pub. L. 89-601, Sec. 213, inserted reference to

Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.

1961 - Subsec. (a)(1). Pub. L. 87-30, Sec. 9, substituted "any

employee employed in a bona fide executive, administrative, or

professional capacity, or in the capacity of outside salesman (as

such terms are defined and delimited from time to time by

regulations of the Secretary, subject to, the provisions of the

Administrative Procedure Act" and exception provision for "any

employee employed in a bona fide executive, administrative,

professional, or local retailing capacity, or in the capacity of

outside salesman (as such terms are defined and delimited by

regulations of the Administrator)".

Subsec. (a)(2). Pub. L. 87-30, Sec. 9, inserted conditional

provision, including subclauses (i) to (iv).

Subsec. (a)(5). Pub. L. 87-30, Sec. 9, inserted "propagating" and

"or in the first processing, canning or packing such marine

products at sea as an incident to, or in conjunction with, such

fishing operations" after "taking" and "life", respectively, and

substituted "loading and unloading when performed by any such

employee" for "including employment in the loading, unloading, or

packing of such products for shipment or in propagating, processing

(other than canning), marketing, freezing, curing, storing, or

distributing the above products or byproducts thereof". See subsec.

(b)(4) of this section.

Subsec. (a)(7). Pub. L. 87-30, Sec. 9, substituted "Secretary"

for "Administrator".

Subsec. (a)(9). Pub. L. 87-30, Sec. 9, substituted "not in an

enterprise described in section 203(s)(2) of this title" for "not

included in other exemptions contained in this section.".

Subsec. (a)(10). Pub. L. 87-30, Sec. 9, substituted "Secretary"

for "Administrator" and struck out "ginning" after "storing".

Subsec. (a)(11). Pub. L. 87-30, Sec. 9, substituted "by an

independently owned public telephone company" for "in a public

telephone exchange".

Subsec. (a)(13). Pub. L. 87-30, Sec. 9, substituted "which

qualifies as an exempt retail or service establishment under clause

(2) of this subsection" for "as defined in clause (2) of this

subsection".

Subsec. (a)(14). Pub. L. 87-30, Sec. 9, inserted "on a vessel

other than an American vessel".

Subsec. (a)(16) to (22). Pub. L. 87-30, Sec. 9, added pars. (16)

to (22).

Subsec. (b)(4). Pub. L. 87-30, Sec. 9, extended exemption to any

employee in the processing, marketing, freezing, curing, storing,

packing for shipment, or distributing of aquatic forms of life,

formerly contained in subsec. (a)(5) of this section.

Subsec. (b)(6) to (11). Pub. L. 87-30, Sec. 9, added pars. (6) to

(11).

Subsec. (d). Pub. L. 87-30, Sec. 10, extended the

nonapplicability of sections 206, 207, and 212 of this title to any

homeworker engaged in the making of evergreen wreaths.

1960 - Subsec. (f). Pub. L. 86-624 struck out "Alaska; Hawaii;"

before "Puerto Rico".

1957 - Subsec. (f). Pub. L. 85-231 added subsec. (f).

1956 - Subsec. (e). Act Aug. 8, 1956, added subsec. (b).

1949 - Subsec. (a)(2). Act Oct. 26, 1949, clarified exemption by

defining term "retail or service establishment" and stated

conditions under which exemption shall apply.

Subsec. (a)(3). Act Oct. 26, 1949, redesignated par. (3) as (14)

and added par. (3) providing a limited exemption to employees of

laundries and establishments engaged in laundering, cleaning, or

repairing clothing of fabrics.

Subsec. (a)(4). Act Oct. 26, 1949, redesignated par. (4) as

subsec. (b)(3) and added par. (4) providing limited exemption to

employees of retail establishments making or processing goods.

Subsec. (a)(5). Act Oct. 26, 1949, struck out canning of fish,

shellfish, etc. See subsec. (b)(4).

Subsec. (a)(6). Act Oct. 26, 1949, added irrigation workers to

the exemption.

Subsec. (a)(8). Act Oct. 26, 1949, extended exemption to

employees of newspapers published daily, increased circulation

limitation from 3,000 to 4,000, and increased circulation area to

include counties contiguous to county of publication.

Subsec. (a)(10). Act Oct. 26, 1949, struck out "to" before "any

individual".

Subsec. (a)(11). Act Oct. 26, 1949, increased number of stations

from, less than 500, to, not more than 750.

Subsec. (a)(12), (13). Act Oct. 26, 1949, added pars. (12) and

(13).

Subsec. (a)(14). Act Oct. 26, 1949, redesignated par. (3) as

(14).

Subsec. (a)(15). Act Oct. 26, 1949, added par. (15).

Subsec. (b)(3) to (5). Act Oct. 26, 1949, added pars. (3) to (5).

Subsec. (c). Act Oct. 26, 1949, substituted "outside of school

hours for the school district where such employee is living while

he is so employed" for prior provision relating to school

attendance following "in agricultural", and added radio or

television productions to the exemption.

Subsec. (d). Act Oct. 26, 1949, added par. (d).

1939 - Subsec. (a)(11). Act Aug. 9, 1939, added par. (11).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-334, Sec. 2(b), Oct. 31, 1998, 112 Stat. 3138,

provided that:

"(1) In general. - This Act [amending this section and enacting

provisions set out as a note under section 201 of this title] shall

become effective on the date of the enactment of this Act [Oct. 31,

1998].

"(2) Exception. - The amendment made by subsection (a) [amending

this section] defining the term 'occasional and incidental' shall

also apply to any case, action, citation, or appeal pending on the

date of the enactment of this Act unless such case, action,

citation, or appeal involves property damage or personal injury."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-329 effective on first day of first

applicable pay period beginning on or after 30th day following

Sept. 30, 1994, with exceptions relating to criminal investigators

employed in Offices of Inspectors General, see section 633(e) of

Pub. L. 103-329, set out as an Effective Date note under section

5545a of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-157 effective Apr. 1, 1990, see section

3(e) of Pub. L. 101-157, set out as a note under section 203 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 14(a), (b) of Pub. L. 95-151 provided that the amendments

by that section are effective Jan. 1, 1978, and Jan. 1, 1979,

respectively.

Amendment by sections 4 to 7 of Pub. L. 95-151 effective Jan. 1,

1978, see section 15(a) of Pub. L. 95-151, set out as a note under

section 203 of this title.

Amendment by sections 8, 9(d), and 11 of Pub. L. 95-151 effective

on Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 6(c)(2)(A), (B) of Pub. L. 93-259 provided that the

amendments made by that section are effective May 1, 1974, and Jan.

1, 1975, respectively.

Section 8(a)-(c) of Pub. L. 93-259 provided that the amendments

made by that section are effective Jan. 1, 1975, 1976, and 1977,

respectively.

Section 10(b)(2), (3) of Pub. L. 93-259 provided that the

amendment and repeal made by that section are effective one year

and two years after May 1, 1974, respectively.

Section 11(b), (c) of Pub. L. 93-259 provided that the amendment

and repeal made by that section are effective one year and two

years after May 1, 1974, respectively.

Section 13(b)-(d) of Pub. L. 93-259 provided that the amendments

made by that section are effective one year, two years, and three

years after May 1, 1974, respectively.

Section 15(b), (c) of Pub. L. 93-259 provided that the amendment

and repeal made by that section are effective one year and two

years after May 1, 1974, respectively.

Section 16(a), (b) of Pub. L. 93-259 provided that the amendment

and repeal made by that section are effective one year and two

years after May 1, 1974, respectively.

Section 20(b)(2), (3) of Pub. L. 93-259 provided that the

amendments made by that section are effective Jan. 1, 1975, and

1976, respectively.

Section 20(c)(2), (3) of Pub. L. 93-259 provided that the

amendments made by that section are effective Jan. 1, 1975, and

1976, respectively.

Section 21(b)(2), (3) of Pub. L. 93-259 provided that the

amendment and repeal made by that section are effective one year

and two years after May 1, 1974, respectively.

Amendment by sections 7(b)(3), (4), 9(b), 10(a), (b)(1), 11(a),

12(a), 13(a), 14, 15(a), 17, 18, 20(a), (b)(1), (c)(1), 21(b)(1),

22, 23, and 25(b) of Pub. L. 93-259 effective May 1, 1974, see

section 29(a) of Pub. L. 93-259, set out as a note under section

202 of this title.

EFFECTIVE DATE OF 1966 AMENDMENTS

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1957 AMENDMENT

Pub. L. 85-231, Sec. 2, provided that: "The amendments made by

this Act [amending this section and sections 216 and 217 of this

title] shall take effect upon the expiration of ninety days from

the date of its enactment [Aug. 30, 1957]."

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plans) in

Bureau of the Budget or Director of Bureau of the Budget

transferred to President of the United States by section 101 of

Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84

Stat. 2085, set out in the Appendix to Title 5, Government

Organization and Employees. Section 102 of Reorg. Plan No. 2 of

1970 redesignated Bureau of the Budget as Office of Management and

Budget.

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5.

-MISC2-

EXEMPTIONS FOR APPRENTICES AND STUDENT LEARNERS

Section 3 of Pub. L. 104-174 provided that: "Section 1 [amending

this section] shall not be construed as affecting the exemption for

apprentices and student learners published in section 570.63 of

title 29, Code of Federal Regulations."

REGULATIONS CONCERNING COMPUTER, SOFTWARE, AND OTHER SIMILARLY

SKILLED PROFESSIONALS

Pub. L. 101-583, Sec. 2, Nov. 15, 1990, 104 Stat. 2871, provided

that: "Not later than 90 days after the date of enactment of this

Act [Nov. 15, 1990], the Secretary of Labor shall promulgate

regulations that permit computer systems analysts, computer

programmers, software engineers, and other similarly skilled

professional workers as defined in such regulations to qualify as

exempt executive, administrative, or professional employees under

section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.

213(a)(1)). Such regulations shall provide that if such employees

are paid on an hourly basis they shall be exempt only if their

hourly rate of pay is at least 6 1/2 times greater than the

applicable minimum wage rate under section 6 of such Act (29 U.S.C.

206)."

PUBLIC AGENCY EMPLOYEES IN FIRE PROTECTION AND LAW ENFORCEMENT

ACTIVITIES; STUDIES IN 1976 OF 1975 TOURS OF DUTY

Section 6(c)(3) of Pub. L. 93-259 authorized Secretary of Labor

to conduct a study in 1976 of average number of hours in tours of

duty in work periods in 1975 of certain employees of public

agencies employed in fire protection and law enforcement

activities, and publish results of such studies in Federal

Register.

PIPELINE EMPLOYEES UNDER SUBSEC. (B)(2)

Section 23(c) of Pub. L. 93-259 provided in part for amendment of

subsec. (b)(2) of this section "insofar as it relates to pipeline

employees".

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

STUDY OF AGRICULTURAL HANDLING AND PROCESSING EXEMPTIONS AND RATES

OF PAY IN EXEMPT FOOD SERVICE ENTERPRISES

Section 13 of Pub. L. 87-30 directed Secretary of Labor to study

complicated system of exemptions available for handling and

processing agricultural products under this chapter and complex

problems involving rates of pay of certain employees exempted from

provisions of this chapter, and submit results of his studies along

with his recommendations for proposed legislation to second session

of Eighty-seventh Congress.

TRANSPORTATION OF MIGRANT FARM WORKERS

Section 3 of act Aug. 3, 1956, provided that: "Section 13(b)(1)

of the Fair Labor Standards Act, as amended [subsec. (b)(1) of this

section] shall not apply in the case of any employee with respect

to whom the Interstate Commerce Commission [now Secretary of

Transportation] has power to establish qualifications and maximum

hours of service solely by virtue of section 204(a)(3a) of the

Interstate Commerce Act [now 49 U.S.C. 31502]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 216, 218, 1803, 2612

of this title; title 5 sections 5343, 5349, 5545a; title 42

sections 300e-9, 3056, 8009, 8011.

-End-

-CITE-

29 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 214. Employment under special certificates

-STATUTE-

(a) Learners, apprentices, messengers

The Secretary, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by regulations

or by orders provide for the employment of learners, of

apprentices, and of messengers employed primarily in delivering

letters and messages, under special certificates issued pursuant to

regulations of the Secretary, at such wages lower than the minimum

wage applicable under section 206 of this title and subject to such

limitations as to time, number, proportion, and length of service

as the Secretary shall prescribe.

(b) Students

(1)(A) The Secretary, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by special

certificate issued under a regulation or order provide, in

accordance with subparagraph (B), for the employment, at a wage

rate not less than 85 per centum of the otherwise applicable wage

rate in effect under section 206 of this title or not less than

$1.60 an hour, whichever is the higher, of full-time students

(regardless of age but in compliance with applicable child labor

laws) in retail or service establishments.

(B) Except as provided in paragraph (4)(B), during any month in

which full-time students are to be employed in any retail or

service establishment under certificates issued under this

subsection the proportion of student hours of employment to the

total hours of employment of all employees in such establishment

may not exceed -

(i) in the case of a retail or service establishment whose

employees (other than employees engaged in commerce or in the

production of goods for commerce) were covered by this chapter

before the effective date of the Fair Labor Standards Amendments

of 1974 -

(I) the proportion of student hours of employment to the

total hours of employment of all employees in such

establishment for the corresponding month of the immediately

preceding twelve-month period,

(II) the maximum proportion for any corresponding month of

student hours of employment to the total hours of employment of

all employees in such establishment applicable to the issuance

of certificates under this section at any time before the

effective date of the Fair Labor Standards Amendments of 1974

for the employment of students by such employer, or

(III) a proportion equal to one-tenth of the total hours of

employment of all employees in such establishment,

whichever is greater;

(ii) in the case of retail or service establishment whose

employees (other than employees engaged in commerce or in the

production of goods for commerce) are covered for the first time

on or after the effective date of the Fair Labor Standards

Amendments of 1974 -

(I) the proportion of hours of employment of students in such

establishment to the total hours of employment of all employees

in such establishment for the corresponding month of the

twelve-month period immediately prior to the effective date of

such Amendments,

(II) the proportion of student hours of employment to the

total hours of employment of all employees in such

establishment for the corresponding month of the immediately

preceding twelve-month period, or

(III) a proportion equal to one-tenth of the total hours of

employment of all employees in such establishment,

whichever is greater; or

(iii) in the case of a retail or service establishment for

which records of student hours worked are not available, the

proportion of student hours of employment to the total hours of

employment of all employees based on the practice during the

immediately preceding twelve-month period in (I) similar

establishments of the same employer in the same general

metropolitan area in which such establishment is located, (II)

similar establishments of the same or nearby communities if such

establishment is not in a metropolitan area, or (III) other

establishments of the same general character operating in the

community or the nearest comparable community.

For purpose of clauses (i), (ii), and (iii) of this subparagraph,

the term "student hours of employment" means hours during which

students are employed in a retail or service establishment under

certificates issued under this subsection.

(2) The Secretary, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by special

certificate issued under a regulation or order provide for the

employment, at a wage rate not less than 85 per centum of the wage

rate in effect under section 206(a)(5) of this title or not less

than $1.30 an hour, whichever is the higher, of full-time students

(regardless of age but in compliance with applicable child labor

laws) in any occupation in agriculture.

(3) The Secretary, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by special

certificate issued under a regulation or order provide for the

employment by an institution of higher education, at a wage rate

not less than 85 per centum of the otherwise applicable wage rate

in effect under section 206 of this title or not less than $1.60 an

hour, whichever is the higher, of full-time students (regardless of

age but in compliance with applicable child labor laws) who are

enrolled in such institution. The Secretary shall by regulation

prescribe standards and requirements to insure that this paragraph

will not create a substantial probability of reducing the full-time

employment opportunities of persons other than those to whom the

minimum wage rate authorized by this paragraph is applicable.

(4)(A) A special certificate issued under paragraph (1), (2), or

(3) shall provide that the student or students for whom it is

issued shall, except during vacation periods, be employed on a

part-time basis and not in excess of twenty hours in any workweek.

(B) If the issuance of a special certificate under paragraph (1)

or (2) for an employer will cause the number of students employed

by such employer under special certificates issued under this

subsection to exceed six, the Secretary may not issue such a

special certificate for the employment of a student by such

employer unless the Secretary finds employment of such student will

not create a substantial probability of reducing the full-time

employment opportunities of persons other than those employed under

special certificates issued under this subsection. If the issuance

of a special certificate under paragraph (1) or (2) for an employer

will not cause the number of students employed by such employer

under special certificates issued under this subsection to exceed

six -

(i) the Secretary may issue a special certificate under

paragraph (1) or (2) for the employment of a student by such

employer if such employer certifies to the Secretary that the

employment of such student will not reduce the full-time

employment opportunities of persons other than those employed

under special certificates issued under this subsection, and

(ii) in the case of an employer which is a retail or service

establishment, subparagraph (B) of paragraph (1) shall not apply

with respect to the issuance of special certificates for such

employer under such paragraph.

The requirement of this subparagraph shall not apply in the case of

the issuance of special certificates under paragraph (3) for the

employment of full-time students by institutions of higher

education; except that if the Secretary determines that an

institution of higher education is employing students under

certificates issued under paragraph (3) but in violation of the

requirements of that paragraph or of regulations issued thereunder,

the requirements of this subparagraph shall apply with respect to

the issuance of special certificates under paragraph (3) for the

employment of students by such institution.

(C) No special certificate may be issued under this subsection

unless the employer for whom the certificate is to be issued

provides evidence satisfactory to the Secretary of the student

status of the employees to be employed under such special

certificate.

(D) To minimize paperwork for, and to encourage, small businesses

to employ students under special certificates issued under

paragraphs (1) and (2), the Secretary shall, by regulation or

order, prescribe a simplified application form to be used by

employers in applying for such a certificate for the employment of

not more than six full-time students. Such an application shall

require only -

(i) a listing of the name, address, and business of the

applicant employer,

(ii) a listing of the date the applicant began business, and

(iii) the certification that the employment of such full-time

students will not reduce the full-time employment opportunities

of persons other than persons employed under special

certificates.

(c) Handicapped workers

(1) The Secretary, to the extent necessary to prevent curtailment

of opportunities for employment, shall by regulation or order

provide for the employment, under special certificates, of

individuals (including individuals employed in agriculture) whose

earning or productive capacity is impaired by age, physical or

mental deficiency, or injury, at wages which are -

(A) lower than the minimum wage applicable under section 206 of

this title,

(B) commensurate with those paid to nonhandicapped workers,

employed in the vicinity in which the individuals under the

certificates are employed, for essentially the same type,

quality, and quantity of work, and

(C) related to the individual's productivity.

(2) The Secretary shall not issue a certificate under paragraph

(1) unless the employer provides written assurances to the

Secretary that -

(A) in the case of individuals paid on an hourly rate basis,

wages paid in accordance with paragraph (1) will be reviewed by

the employer at periodic intervals at least once every six

months, and

(B) wages paid in accordance with paragraph (1) will be

adjusted by the employer at periodic intervals, at least once

each year, to reflect changes in the prevailing wage paid to

experienced nonhandicapped individuals employed in the locality

for essentially the same type of work.

(3) Notwithstanding paragraph (1), no employer shall be permitted

to reduce the hourly wage rate prescribed by certificate under this

subsection in effect on June 1, 1986, of any handicapped individual

for a period of two years from such date without prior

authorization of the Secretary.

(4) Nothing in this subsection shall be construed to prohibit an

employer from maintaining or establishing work activities centers

to provide therapeutic activities for handicapped clients.

(5)(A) Notwithstanding any other provision of this subsection,

any employee receiving a special minimum wage at a rate specified

pursuant to this subsection or the parent or guardian of such an

employee may petition the Secretary to obtain a review of such

special minimum wage rate. An employee or the employee's parent or

guardian may file such a petition for and in behalf of the employee

or in behalf of the employee and other employees similarly

situated. No employee may be a party to any such action unless the

employee or the employee's parent or guardian gives consent in

writing to become such a party and such consent is filed with the

Secretary.

(B) Upon receipt of a petition filed in accordance with

subparagraph (A), the Secretary within ten days shall assign the

petition to an administrative law judge appointed pursuant to

section 3105 of title 5. The administrative law judge shall conduct

a hearing on the record in accordance with section 554 of title 5

with respect to such petition within thirty days after assignment.

(C) In any such proceeding, the employer shall have the burden of

demonstrating that the special minimum wage rate is justified as

necessary in order to prevent curtailment of opportunities for

employment.

(D) In determining whether any special minimum wage rate is

justified pursuant to subparagraph (C), the administrative law

judge shall consider -

(i) the productivity of the employee or employees identified in

the petition and the conditions under which such productivity was

measured; and

(ii) the productivity of other employees performing work of

essentially the same type and quality for other employers in the

same vicinity.

(E) The administrative law judge shall issue a decision within

thirty days after the hearing provided for in subparagraph (B).

Such action shall be deemed to be a final agency action unless

within thirty days the Secretary grants a request to review the

decision of the administrative law judge. Either the petitioner or

the employer may request review by the Secretary within fifteen

days of the date of issuance of the decision by the administrative

law judge.

(F) The Secretary, within thirty days after receiving a request

for review, shall review the record and either adopt the decision

of the administrative law judge or issue exceptions. The decision

of the administrative law judge, together with any exceptions,

shall be deemed to be a final agency action.

(G) A final agency action shall be subject to judicial review

pursuant to chapter 7 of title 5. An action seeking such review

shall be brought within thirty days of a final agency action

described in subparagraph (F).

(d) Employment by schools

The Secretary may by regulation or order provide that sections

206 and 207 of this title shall not apply with respect to the

employment by any elementary or secondary school of its students if

such employment constitutes, as determined under regulations

prescribed by the Secretary, an integral part of the regular

education program provided by such school and such employment is in

accordance with applicable child labor laws.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 14, 52 Stat. 1068; Oct. 26, 1949, ch.

736, Sec. 12, 63 Stat. 918; Pub. L. 87-30, Sec. 11, May 5, 1961, 75

Stat. 74; Pub. L. 89-601, title V, Sec. 501, Sept. 23, 1966, 80

Stat. 842; Pub. L. 93-259, Sec. 24(a), (b), Apr. 8, 1974, 88 Stat.

69, 72; Pub. L. 95-151, Secs. 12, 13, Nov. 1, 1977, 91 Stat. 1252;

Pub. L. 99-486, Oct. 16, 1986, 100 Stat. 1229; Pub. L. 101-157,

Sec. 4(d), Nov. 17, 1989, 103 Stat. 941.)

-REFTEXT-

REFERENCES IN TEXT

Effective date of the Fair Labor Standards Amendments of 1974,

referred to in subsec. (b)(1)(B)(i), (ii), means May 1, 1974,

except as otherwise specifically provided, under provisions of

section 29(a) of Pub. L. 93-259, set out as an Effective Date of

1974 Amendment note under section 202 of this title.

-MISC1-

AMENDMENTS

1989 - Subsec. (b)(1)(A). Pub. L. 101-157 struck out "(or in the

case of employment in Puerto Rico or the Virgin Islands not

described in section 205(e) of this title, at a wage rate not less

than 85 per centum of the otherwise applicable wage rate in effect

under section 206(c) of this title)" after "whichever is the

higher".

Subsec. (b)(2), (3). Pub. L. 101-157 struck out "(or in the case

of employment in Puerto Rico or the Virgin Islands not described in

section 205(e) of this title, at a wage rate not less than 85 per

centum of the wage rate in effect under section 206(c) of this

title)" after "whichever is the higher".

1986 - Subsec. (c). Pub. L. 99-486 amended subsec. (c) generally,

revising and restating as pars. (1) to (5) provisions formerly

contained in pars. (1) to (3).

1977 - Subsec. (b)(4)(B). Pub. L. 95-151, Sec. 12(a), substituted

"six" for "four" wherever appearing.

Subsec. (b)(4)(D). Pub. L. 95-151, Sec. 13, added subpar. (D).

1974 - Subsec. (a). Pub. L. 93-259, Sec. 24(a), added subsec. (a)

and struck out former subsec. (a) which had provided: "The

Secretary of Labor, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by regulations

or by orders provide for the employment of learners, of

apprentices, and of messengers employed primarily in delivery

letters and messages, under special certificates issued pursuant to

regulations of the Secretary, at such wages lower than the minimum

wage applicable under section 206 of this title and subject to such

limitations as to time, number, proportion, and length of service

as the Secretary shall prescribe."

Subsec. (b). Pub. L. 93-259, Sec. 24(a), added subsec. (b) and

struck out former subsec. (b) which had provided: "The Secretary,

to the extent necessary in order to prevent curtailment of

opportunities for employment, shall by regulation or order provide

for the employment of full-time students, regardless of age but in

compliance with applicable child labor laws, on a part-time basis

in retail or service establishments (not to exceed twenty hours in

any workweek) or on a part-time or full-time basis in such

establishments during school vacations, under special certificates

issued pursuant to regulations of the Secretary, at a wage rate not

less than 85 per centum of the minimum wage applicable under

section 206 of this title, except that the proportion of student

hours of employment to total hours of employment of all employees

in any establishment may not exceed (1) such proportion for the

corresponding month of the twelve-month period preceding May 1,

1961, (2) in the case of a retail or service establishment whose

employees (other than employees engaged in commerce or in the

production of goods for commerce) are covered by this chapter for

the first time on or after the effective date of the Fair Labor

Standards Amendments of 1966, such proportion for the corresponding

month of the twelve-month period immediately prior to such date, or

(3) in the case of a retail or service establishment coming into

existence after May 1, 1961, or a retail or service establishment

for which records of student hours worked are not available, a

proportion of student hours of employment to total hours of

employment of all employees based on the practice during the

twelve-month period preceding May 1, 1961, in (A) similar

establishments of the same employer in the same general

metropolitan area in which the new establishment is located, (B)

similar establishments of the same employer in the same or nearby

counties if the new establishment is not in a metropolitan area, or

(C) other establishments of the same general character operating in

the community or the nearest comparable community. Before the

Secretary may issue a certificate under this subsection he must

find that such employment will not create a substantial probability

of reducing the full-time employment opportunities of persons other

than those employed under this subsection."

Subsecs. (c), (d). Pub. L. 93-259, Sec. 24(a), (b), struck out

subsec. (c) and redesignated subsec. (d) as (c). Former subsec. (c)

had provided: "The Secretary, to the extent necessary in order to

prevent curtailment of opportunities for employment, shall by

certificate or order provide for the employment of full-time

students, regardless of age but in compliance with applicable child

labor laws, on a part-time basis in agriculture (not to exceed

twenty hours in any workweek) or on a part-time or full-time basis

in agriculture during school vacations, at a wage rate not less

than 85 per centum of the minimum wage applicable under section 206

of this title. Before the Secretary may issue a certificate or

order under this subsection he must find that such employment will

not create a substantial probability of reducing the full-time

employment opportunities of persons other than those employed under

this subsection."

1966 - Pub. L. 89-601 provided for employment of full-time

students regardless of age but in compliance with applicable child

labor laws outside of their school hours in retail or service

establishments or in agriculture at not less than 85 percent of the

minimum wage in full-time positions during school vacations or in

part-time positions not to exceed 20 hours in any workweek under

certificates issued by the Secretary, set out the formula for the

allowable proportion of student hours of employment to total hours

of employment, provided for the employment of handicapped workers

at rates down to 50 percent of the applicable minimum wage and at

even lower rates for persons suffering severe impairment,

authorized the establishment of special rates for handicapped

workers employed in work activities centers, and defined work

activity centers.

1961 - Pub. L. 87-30 provided for employment of students in cl.

(1).

1949 - Act Oct. 26, 1949, substituted "primarily" for

"exclusively" after "messengers employed".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective Nov. 1, 1977, see section

15(b) of Pub. L. 95-151, set out as a note under section 203 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

-MISC2-

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

STUDY OF WAGES PAID HANDICAPPED CLIENTS IN SHELTERED WORKSHOPS

Section 605 of Pub. L. 89-601 instructed Secretary of Labor to

commence a complete study of wage payments to handicapped clients

of sheltered workshops and of feasibility of raising existing wage

standards in such workshops. The Secretary was directed to report

to Congress by July 1, 1967, findings of such study with

appropriate recommendations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 215, 721 of this title.

-End-

-CITE-

29 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 215. Prohibited acts; prima facie evidence

-STATUTE-

(a) After the expiration of one hundred and twenty days from June

25, 1938, it shall be unlawful for any person -

(1) to transport, offer for transportation, ship, deliver, or

sell in commerce, or to ship, deliver, or sell with knowledge

that shipment or delivery or sale thereof in commerce is

intended, any goods in the production of which any employee was

employed in violation of section 206 or section 207 of this

title, or in violation of any regulation or order of the

Secretary issued under section 214 of this title; except that no

provision of this chapter shall impose any liability upon any

common carrier for the transportation in commerce in the regular

course of its business of any goods not produced by such common

carrier, and no provision of this chapter shall excuse any common

carrier from its obligation to accept any goods for

transportation; and except that any such transportation, offer,

shipment, delivery, or sale of such goods by a purchaser who

acquired them in good faith in reliance on written assurance from

the producer that the goods were produced in compliance with the

requirements of this chapter, and who acquired such goods for

value without notice of any such violation, shall not be deemed

unlawful;

(2) to violate any of the provisions of section 206 or section

207 of this title, or any of the provisions of any regulation or

order of the Secretary issued under section 214 of this title;

(3) to discharge or in any other manner discriminate against

any employee because such employee has filed any complaint or

instituted or caused to be instituted any proceeding under or

related to this chapter, or has testified or is about to testify

in any such proceeding, or has served or is about to serve on an

industry committee;

(4) to violate any of the provisions of section 212 of this

title;

(5) to violate any of the provisions of section 211(c) of this

title, or any regulation or order made or continued in effect

under the provisions of section 211(d) of this title, or to make

any statement, report, or record filed or kept pursuant to the

provisions of such section or of any regulation or order

thereunder, knowing such statement, report, or record to be false

in a material respect.

(b) For the purposes of subsection (a)(1) of this section proof

that any employee was employed in any place of employment where

goods shipped or sold in commerce were produced, within ninety days

prior to the removal of the goods from such place of employment,

shall be prima facie evidence that such employee was engaged in the

production of such goods.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 15, 52 Stat. 1068; Oct. 26, 1949, ch.

736, Sec. 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, Secs. 1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.)

-MISC1-

AMENDMENTS

1949 - Subsec. (a)(1). Act Oct. 26, 1949, Sec. 13(a), inserted

provision protecting purchaser in good faith in sale of goods

produced in violation of this chapter.

Subsec. (a)(5). Act Oct. 26, 1949, Sec. 13(b), inserted "or any

regulation or order made or continued in effect under the

provisions of section 211(d) of this title" after "211(c) of this

title".

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

-MISC2-

LIABILITY OF PUBLIC AGENCY FOR DISCRIMINATION AGAINST EMPLOYEE FOR

ASSERTION OF COVERAGE

Pub. L. 99-150, Sec. 8, Nov. 13, 1985, 99 Stat. 791, provided

that: "A public agency which is a State, political subdivision of a

State, or an interstate governmental agency and which discriminates

or has discriminated against an employee with respect to the

employee's wages or other terms or conditions of employment because

on or after February 19, 1985, the employee asserted coverage under

section 7 of the Fair Labor Standards Act of 1938 [29 U.S.C. 207]

shall be held to have violated section 15(a)(3) of such Act [29

U.S.C. 215(a)(3)]. The protection against discrimination afforded

by the preceding sentence shall be available after August 1, 1986,

only for an employee who takes an action described in section

15(a)(3) of such Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 216, 217, 626 of

this title.

-End-

-CITE-

29 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 216. Penalties

-STATUTE-

(a) Fines and imprisonment

Any person who willfully violates any of the provisions of

section 215 of this title shall upon conviction thereof be subject

to a fine of not more than $10,000, or to imprisonment for not more

than six months, or both. No person shall be imprisoned under this

subsection except for an offense committed after the conviction of

such person for a prior offense under this subsection.

(b) Damages; right of action; attorney's fees and costs;

termination of right of action

Any employer who violates the provisions of section 206 or

section 207 of this title shall be liable to the employee or

employees affected in the amount of their unpaid minimum wages, or

their unpaid overtime compensation, as the case may be, and in an

additional equal amount as liquidated damages. Any employer who

violates the provisions of section 215(a)(3) of this title shall be

liable for such legal or equitable relief as may be appropriate to

effectuate the purposes of section 215(a)(3) of this title,

including without limitation employment, reinstatement, promotion,

and the payment of wages lost and an additional equal amount as

liquidated damages. An action to recover the liability prescribed

in either of the preceding sentences may be maintained against any

employer (including a public agency) in any Federal or State court

of competent jurisdiction by any one or more employees for and in

behalf of himself or themselves and other employees similarly

situated. No employee shall be a party plaintiff to any such action

unless he gives his consent in writing to become such a party and

such consent is filed in the court in which such action is brought.

The court in such action shall, in addition to any judgment awarded

to the plaintiff or plaintiffs, allow a reasonable attorney's fee

to be paid by the defendant, and costs of the action. The right

provided by this subsection to bring an action by or on behalf of

any employee, and the right of any employee to become a party

plaintiff to any such action, shall terminate upon the filing of a

complaint by the Secretary of Labor in an action under section 217

of this title in which (1) restraint is sought of any further delay

in the payment of unpaid minimum wages, or the amount of unpaid

overtime compensation, as the case may be, owing to such employee

under section 206 or section 207 of this title by an employer

liable therefor under the provisions of this subsection or (2)

legal or equitable relief is sought as a result of alleged

violations of section 215(a)(3) of this title.

(c) Payment of wages and compensation; waiver of claims; actions by

the Secretary; limitation of actions

The Secretary is authorized to supervise the payment of the

unpaid minimum wages or the unpaid overtime compensation owing to

any employee or employees under section 206 or section 207 of this

title, and the agreement of any employee to accept such payment

shall upon payment in full constitute a waiver by such employee of

any right he may have under subsection (b) of this section to such

unpaid minimum wages or unpaid overtime compensation and an

additional equal amount as liquidated damages. The Secretary may

bring an action in any court of competent jurisdiction to recover

the amount of unpaid minimum wages or overtime compensation and an

equal amount as liquidated damages. The right provided by

subsection (b) of this section to bring an action by or on behalf

of any employee to recover the liability specified in the first

sentence of such subsection and of any employee to become a party

plaintiff to any such action shall terminate upon the filing of a

complaint by the Secretary in an action under this subsection in

which a recovery is sought of unpaid minimum wages or unpaid

overtime compensation under sections 206 and 207 of this title or

liquidated or other damages provided by this subsection owing to

such employee by an employer liable under the provisions of

subsection (b) of this section, unless such action is dismissed

without prejudice on motion of the Secretary. Any sums thus

recovered by the Secretary of Labor on behalf of an employee

pursuant to this subsection shall be held in a special deposit

account and shall be paid, on order of the Secretary of Labor,

directly to the employee or employees affected. Any such sums not

paid to an employee because of inability to do so within a period

of three years shall be covered into the Treasury of the United

States as miscellaneous receipts. In determining when an action is

commenced by the Secretary of Labor under this subsection for the

purposes of the statutes of limitations provided in section 255(a)

of this title, it shall be considered to be commenced in the case

of any individual claimant on the date when the complaint is filed

if he is specifically named as a party plaintiff in the complaint,

or if his name did not so appear, on the subsequent date on which

his name is added as a party plaintiff in such action.

(d) Savings provisions

In any action or proceeding commenced prior to, on, or after

August 8, 1956, no employer shall be subject to any liability or

punishment under this chapter or the Portal-to-Portal Act of 1947

[29 U.S.C. 251 et seq.] on account of his failure to comply with

any provision or provisions of this chapter or such Act (1) with

respect to work heretofore or hereafter performed in a workplace to

which the exemption in section 213(f) of this title is applicable,

(2) with respect to work performed in Guam, the Canal Zone or Wake

Island before the effective date of this amendment of subsection

(d), or (3) with respect to work performed in a possession named in

section 206(a)(3) of this title at any time prior to the

establishment by the Secretary, as provided therein, of a minimum

wage rate applicable to such work.

(e) Civil penalties for child labor violations

Any person who violates the provisions of section 212 of this

title or section 213(c)(5) of this title, relating to child labor,

or any regulation issued under section 212 of this title or section

213(c)(5) of this title, shall be subject to a civil penalty of not

to exceed $10,000 for each employee who was the subject of such a

violation. Any person who repeatedly or willfully violates section

206 or 207 of this title shall be subject to a civil penalty of not

to exceed $1,000 for each such violation. In determining the amount

of any penalty under this subsection, the appropriateness of such

penalty to the size of the business of the person charged and the

gravity of the violation shall be considered. The amount of any

penalty under this subsection, when finally determined, may be -

(1) deducted from any sums owing by the United States to the

person charged;

(2) recovered in a civil action brought by the Secretary in any

court of competent jurisdiction, in which litigation the

Secretary shall be represented by the Solicitor of Labor; or

(3) ordered by the court, in an action brought for a violation

of section 215(a)(4) of this title or a repeated or willful

violation of section 215(a)(2) of this title, to be paid to the

Secretary.

Any administrative determination by the Secretary of the amount of

any penalty under this subsection shall be final, unless within

fifteen days after receipt of notice thereof by certified mail the

person charged with the violation takes exception to the

determination that the violations for which the penalty is imposed

occurred, in which event final determination of the penalty shall

be made in an administrative proceeding after opportunity for

hearing in accordance with section 554 of title 5, and regulations

to be promulgated by the Secretary. Except for civil penalties

collected for violations of section 212 of this title, sums

collected as penalties pursuant to this section shall be applied

toward reimbursement of the costs of determining the violations and

assessing and collecting such penalties, in accordance with the

provisions of section 9a of this title. Civil penalties collected

for violations of section 212 of this title shall be deposited in

the general fund of the Treasury.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 16, 52 Stat. 1069; May 14, 1947, ch.

52, Sec. 5(a), 61 Stat. 87; Oct. 26, 1949, ch. 736, Sec. 14, 63

Stat. 919; 1950 Reorg. Plan No. 6, Secs. 1, 2, 15 F.R. 3174, 64

Stat. 1263; Aug. 8, 1956, ch. 1035, Sec. 4, 70 Stat. 1118; Pub. L.

85-231, Sec. 1(2), Aug. 30, 1957, 71 Stat. 514; Pub. L. 87-30, Sec.

12(a), May 5, 1961, 75 Stat. 74; Pub. L. 89-601, title VI, Sec.

601(a), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93-259, Secs.

6(d)(1), 25(c), 26, Apr. 8, 1974, 88 Stat. 61, 72, 73; Pub. L.

95-151, Sec. 10, Nov. 1, 1977, 91 Stat. 1252; Pub. L. 101-157, Sec.

9, Nov. 17, 1989, 103 Stat. 945; Pub. L. 101-508, title III, Sec.

3103, Nov. 5, 1990, 104 Stat. 1388-29; Pub. L. 104-174, Sec. 2,

Aug. 6, 1996, 110 Stat. 1554.)

-REFTEXT-

REFERENCES IN TEXT

The Portal-to-Portal Act of 1947, referred to in subsec. (d), is

act May 14, 1947, ch. 52, 61 Stat. 84, as amended, which is

classified principally to chapter 9 (Sec. 251 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 251 of this title and

Tables.

The effective date of this amendment of subsection (d), referred

to in subsec. (d), occurred upon the expiration of 90 days after

Aug. 30, 1957. See section 2 of Pub. L. 85-231, set out as an

Effective Date of 1957 Amendment note under section 213 of this

title.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-174 in first sentence substituted

"of section 212 of this title or section 213(c)(5) of this title"

for "of section 212 of this title" and "under section 212 of this

title or section 213(c)(5) of this title" for "under that section".

1990 - Subsec. (e). Pub. L. 101-508 struck out "or any person who

repeatedly or willfully violates section 206 or 207 of this title"

after "issued under that section," in first sentence, substituted

"not to exceed $10,000 for each employee who was the subject of

such a violation" for "not to exceed $1,000 for each such

violation" in first sentence, inserted after first sentence "Any

person who repeatedly or willfully violates section 206 or 207 of

this title shall be subject to a civil penalty of not to exceed

$1,000 for each such violation.", substituted "any penalty under

this subsection" for "such penalty" wherever appearing except after

"appropriateness of", substituted "Except for civil penalties

collected for violations of section 212 of this title, sums" for

"Sums" in last sentence, and inserted at end "Civil penalties

collected for violations of section 212 of this title shall be

deposited in the general fund of the Treasury."

1989 - Subsec. (e). Pub. L. 101-157 inserted "or any person who

repeatedly or willfully violates section 206 or 207 of this title"

in introductory provisions and inserted "or a repeated or willful

violation of section 215(a)(2) of this title" in par. (3).

1977 - Subsec. (b). Pub. L. 95-151, Sec. 10(a), (b), inserted

provisions relating to violations of section 215(a)(3) of this

title by employers, "(1)" after "section 217 of this title in

which", and cl. (2), and substituted "An action to recover the

liability prescribed in either of the preceding sentences" for

"Action to recover such liability".

Subsec. (c). Pub. L. 95-151, Sec. 10(c), inserted "to recover the

liability specified in the first sentence of such subsection" after

"an action by or on behalf of any employee".

1974 - Subsec. (b). Pub. L. 93-259, Sec. 6(d)(1), substituted in

second sentence "maintained against any employer (including a

public agency) in any Federal or State court" for "maintained in

any court".

Subsec. (c). Pub. L. 93-259, Sec. 26, in revising first three

sentences, reenacted first sentence, substituting "Secretary" for

"Secretary of Labor"; included in second sentence provision for an

action by the Secretary for liquidated damaged and deleted

requirement of a written request by an employee claiming unpaid

minimum wages or unpaid overtime compensation with the Secretary of

Labor prior to an action by the Secretary and proviso prohibiting

any action in any case involving an issue of law not settled

finally by the courts and depriving courts of jurisdiction of any

action or proceeding involving the issue of law not settled

finally; and substituted third sentence "The right provided by

subsection (b) of this section to bring by or on behalf of any

employee and of any employees to become a party plaintiff to any

such action shall terminate upon the filing of a complaint by the

Secretary in an action under this subsection in which a recovery is

sought of unpaid minimum wages or unpaid overtime compensation

under sections 206 and 207 of this title or liquidated or other

damages provided by this subsection owing to such employee by an

employer liable under the provisions of subsection (b) of this

section, unless such action is dismissed without prejudice on

motion of the Secretary." for "The consent of any employee to the

bringing of any such action by the Secretary of Labor, unless such

action is dismissed without prejudice on motion of the Secretary of

Labor, shall constitute a waiver by such employee of any right of

action he may have under subsection (b) of this section for such

unpaid wages or unpaid overtime compensation and an additional

equal amount as liquidated damages."

Subsec. (e). Pub. L. 93-259, Sec. 25(c), added subsec. (e).

1966 - Subsec. (c). Pub. L. 89-601 substituted "statutes of

limitations" for "two-year statute of limitations".

1961 - Subsec. (b). Pub. L. 87-30 provided for termination of

right of action upon commencement of injunction proceedings by the

Secretary of Labor.

1957 - Subsec. (d). Pub. L. 85-231 added cls. (1) and (2) and

designated existing provisions as cl. (3).

1956 - Subsec. (d). Act Aug. 8, 1956, added subsec. (d).

1949 - Subsec. (c). Act Oct. 26, 1949, added subsec. (c).

1947 - Subsec. (b). Act May 14, 1947, struck out provisions

relating to the designation by employee or employees of an agent or

representative to maintain an action under this section for and on

behalf of all employees similarly situated and inserted provisions

relating to the requirement that no employee shall be a party

plaintiff unless he gives his consent in writing and such consent

is filed with the court.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section

15(a) of Pub. L. 95-151, set out as a note under section 203 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment by Pub. L. 85-231 effective upon expiration of ninety

days from Aug. 30, 1957, see section 2 of Pub. L. 85-231, set out

as a note under section 213 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

EFFECTIVE DATE OF 1947 AMENDMENT

Section 5(b) of act May 14, 1947, provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall be applicable only with respect to actions commenced under

the Fair Labor Standards Act of 1938, as amended [this chapter], on

or after the date of the enactment of this Act [May 14, 1947]."

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by subsecs. (b) and (c) of this section in

Secretary of Labor transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5.

-MISC2-

LIABILITY OF STATE, POLITICAL SUBDIVISION, OR INTERSTATE

GOVERNMENTAL AGENCY FOR VIOLATIONS BEFORE APRIL 15, 1986,

RESPECTING ANY EMPLOYEE NOT COVERED UNDER SPECIAL ENFORCEMENT

POLICY

Pub. L. 99-150, Sec. 2(c)(1), Nov. 13, 1985, 99 Stat. 788,

provided that: "No State, political subdivision of a State, or

interstate governmental agency shall be liable under section 16 of

the Fair Labor Standards Act of 1938 [29 U.S.C. 216] for a

violation of section 6 [29 U.S.C. 206] (in the case of a territory

or possession of the United States), 7 [29 U.S.C. 207], or 11(c)

[29 U.S.C. 211(c)] (as it relates to section 7) of such Act

occurring before April 15, 1986, with respect to any employee of

the State, political subdivision, or agency who would not have been

covered by such Act [this chapter] under the Secretary of Labor's

special enforcement policy on January 1, 1985, and published in

sections 775.2 and 775.4 of title 29 of the Code of Federal

Regulations."

EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY

LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT

POLICY

Pub. L. 99-150, Sec. 7, Nov. 13, 1985, 99 Stat. 791, provided

that: "The amendments made by this Act [see Short Title of 1985

Amendment note set out under section 201 of this title] shall not

affect whether a public agency which is a State, political

subdivision of a State, or an interstate governmental agency is

liable under section 16 of the Fair Labor Standards Act of 1938 [29

U.S.C. 216] for a violation of section 6, 7, or 11 of such Act [29

U.S.C. 206, 207, 211] occurring before April 15, 1986, with respect

to any employee of such public agency who would have been covered

by such Act [this chapter] under the Secretary of Labor's special

enforcement policy on January 1, 1985, and published in section

775.3 of title 29 of the Code of Federal Regulations."

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

CONSTRUCTION OF 1949 AMENDMENTS WITH PORTAL-TO-PORTAL ACT OF 1947

Section 16(b) of act Oct. 26, 1949, provided that: "Except as

provided in section 3(o) [section 203(o) of this title] and in the

last sentence of section 16(c) of the Fair Labor Standards Act of

1938, as amended [section 216(e) of this title], no amendment made

by this Act [amending sections 202, 208, 211 to 217 of this title]

shall be construed as amending, modifying, or repealing any

provisions of the Portal-to-Portal Act of 1947."

RETROACTIVE EFFECT OF 1949 AMENDMENTS; LIMITATION OF ACTIONS

Section 16(d) of act Oct. 26, 1949, provided that actions based

upon acts or omissions occurring prior to the effective date of act

Oct. 26, 1949, which was to be effective ninety days after Oct. 26,

1949, were not prevented by the amendments made to sections 202 to

208, and 211 to 217 of this title by such act, so long as such

actions were instituted within two years from such effective date.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 255, 260, 626 of this

title; title 2 section 1313; title 3 section 413; title 5 sections

7702, 7703.

-End-

-CITE-

29 USC Sec. 216a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 216a. Repealed. Oct. 26, 1949, ch. 736, Sec. 16(f), 63 Stat.

920

-MISC1-

Section, act July 20, 1949, ch. 352, Sec. 2, 63 Stat. 446,

related to liability for overtime work performed prior to July 20,

1949. See section 216b of this title.

-End-

-CITE-

29 USC Sec. 216b 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 216b. Liability for overtime work performed prior to July 20,

1949

-STATUTE-

No employer shall be subject to any liability or punishment under

this chapter (in any action or proceeding commenced prior to or on

or after January 24, 1950), on account of the failure of said

employer to pay an employee compensation for any period of overtime

work performed prior to July 20, 1949, if the compensation paid

prior to July 20, 1949, for such work was at least equal to the

compensation which would have been payable for such work had

subsections (d)(6), (7) and (g) of section 207 of this title been

in effect at the time of such payment.

-SOURCE-

(Oct. 26, 1949, ch. 736, Sec. 16(e), 63 Stat. 920.)

-COD-

CODIFICATION

Section was enacted as part of the Fair Labor Standards

Amendments of 1949, and not as part of the Fair Labor Standards Act

of 1938 which comprises this chapter.

"January 24, 1950" substituted in text for "the effective date of

this Act". See Effective Date of 1949 Amendment note set out under

section 202 of this title.

-End-

-CITE-

29 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 217. Injunction proceedings

-STATUTE-

The district courts, together with the United States District

Court for the District of the Canal Zone, the District Court of the

Virgin Islands, and the District Court of Guam shall have

jurisdiction, for cause shown, to restrain violations of section

215 of this title, including in the case of violations of section

215(a)(2) of this title the restraint of any withholding of payment

of minimum wages or overtime compensation found by the court to be

due to employees under this chapter (except sums which employees

are barred from recovering, at the time of the commencement of the

action to restrain the violations, by virtue of the provisions of

section 255 of this title).

-SOURCE-

(June 25, 1938, ch. 676, Sec. 17, 52 Stat. 1069; Oct. 26, 1949, ch.

736, Sec. 15, 63 Stat. 919; Pub. L. 85-231, Sec. 1(3), Aug. 30,

1957, 71 Stat. 514; Pub. L. 86-624, Sec. 21(c), July 12, 1960, 74

Stat. 417; Pub. L. 87-30, Sec. 12(b), May 5, 1961, 75 Stat. 74.)

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-30 substituted ", including in the case of

violations of section 215(a)(2) of this title the restraint of any

withholding of payment of minimum wages or overtime compensation

found by the court to be due to employees under this chapter

(except sums which employees are barred from recovering, at the

time of the commencement of the action to restrain the violations,

by virtue of the provisions of section 255 of this title" for ":

Provided, That no court shall have jurisdiction, in any action

brought by the Administrator to restrain such violations, to order

the payment to employees of unpaid minimum wages or unpaid overtime

compensation or an additional equal amount as liquidated damages in

such action".

1960 - Pub. L. 86-624 struck out reference to the District Court

for Territory of Alaska.

1957 - Pub. L. 85-231 included the District Court of Guam within

the enumeration of courts having jurisdiction of injunction

proceedings.

1949 - Act Oct. 26, 1949, included a more precise description of

United States courts having jurisdiction to restrain violations and

inserted proviso denying jurisdiction to order payment of unpaid

minimum wages, overtime, and liquidated damages in injunction

proceedings.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-30 effective upon expiration of one

hundred and twenty days after May 5, 1961, except as otherwise

provided, see section 14 of Pub. L. 87-30, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment by Pub. L. 85-231 effective upon expiration of ninety

days from Aug. 30, 1957, see section 2 of Pub. L. 85-231, set out

as a note under section 213 of this title.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 26, 1949, effective ninety days after Oct.

26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note

under section 202 of this title.

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by this section in Secretary of Labor transferred

to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of

1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix

to Title 5, Government Organization and Employees, effective Jan.

1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec.

28, 1978, 44 F.R. 1053.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 216, 626 of this

title.

-End-

-CITE-

29 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 218. Relation to other laws

-STATUTE-

(a) No provision of this chapter or of any order thereunder shall

excuse noncompliance with any Federal or State law or municipal

ordinance establishing a minimum wage higher than the minimum wage

established under this chapter or a maximum work week lower than

the maximum workweek established under this chapter, and no

provision of this chapter relating to the employment of child labor

shall justify noncompliance with any Federal or State law or

municipal ordinance establishing a higher standard than the

standard established under this chapter. No provision of this

chapter shall justify any employer in reducing a wage paid by him

which is in excess of the applicable minimum wage under this

chapter, or justify any employer in increasing hours of employment

maintained by him which are shorter than the maximum hours

applicable under this chapter.

(b) Notwithstanding any other provision of this chapter (other

than section 213(f) of this title) or any other law -

(1) any Federal employee in the Canal Zone engaged in

employment of the kind described in section 5102(c)(7) of title

5, or

(2) any employee employed in a nonappropriated fund

instrumentality under the jurisdiction of the Armed Forces,

shall have his basic compensation fixed or adjusted at a wage rate

that is not less than the appropriate wage rate provided for in

section 206(a)(1) of this title (except that the wage rate provided

for in section 206(b) of this title shall apply to any employee who

performed services during the workweek in a work place within the

Canal Zone), and shall have his overtime compensation set at an

hourly rate not less than the overtime rate provided for in section

207(a)(1) of this title.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 18, 52 Stat. 1069; Pub. L. 89-601,

title III, Sec. 306, Sept. 23, 1966, 80 Stat. 841; Pub. L. 90-83,

Sec. 8, Sept. 11, 1967, 81 Stat. 222.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (b), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-

AMENDMENTS

1967 - Subsec. (b). Pub. L. 90-83 substituted reference to

section 5102(c)(7) of title 5 for reference to par. (7) of section

202 of the Classification Act of 1949 to reflect the amendment of

section 5341(a) of title 5 by section 1(97) of Pub. L. 90-83 and

struck out provision covering employees described in section 7474

of title 10 in view of the repeal of section 7474 of title 10 by

Pub. L. 89-554.

1966 - Pub. L. 89-601 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

-End-

-CITE-

29 USC Sec. 219 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 8 - FAIR LABOR STANDARDS

-HEAD-

Sec. 219. Separability

-STATUTE-

If any provision of this chapter or the application of such

provision to any person or circumstance is held invalid, the

remainder of this chapter and the application of such provision to

other persons or circumstances shall not be affected thereby.

-SOURCE-

(June 25, 1938, ch. 676, Sec. 19, 52 Stat. 1069.)

-End-