29 USC Sections 201 - 219

Page 57

§ 188. Repealed. Aug. 9, 1955, ch. 690, § 4(3), 69
Stat. 625
Section, act June 23, 1947, ch. 120, title III, § 305, 61
Stat. 160, forbade striking by Government employees,
required discharge of striking employee and forfeiture
of his civil-service status, and made him ineligible for
employment for three years. See sections 3333 and 7311
of Title 5, Government Organization and Employees,
and section 1918 of Title 18, Crimes and Criminal Procedure.

SUBCHAPTER
COMMITTEE
RELATIONS

V—CONGRESSIONAL JOINT
ON
LABOR-MANAGEMENT

§§ 191 to 197. Omitted
CODIFICATION
Section 191, act June 23, 1947, ch. 120, title IV, § 401, 61
Stat. 160, related to establishment and composition of
Joint Committee on Labor-Management Relations.
Section 192, act June 23, 1947, ch. 120, title IV, § 402, 61
Stat. 160, related to a study by committee of the entire
field of labor-management relations.
Section 193, acts June 23, 1947, ch. 120, title IV, § 403,
61 Stat. 160; Aug. 10, 1948, ch. 833, 62 Stat. 1286, related
to a final report to Congress to be submitted no later
than March 1, 1949.
Section 194, act June 23, 1947, ch. 120, title IV, § 404, 61
Stat. 161, related to employment and compensation of
experts and other personnel.
Section 195, act June 23, 1947, ch. 120, title IV, § 405, 61
Stat. 161, related to hearings, calling of witnesses, production of evidence.
Section 196, act June 23, 1947, ch. 120, title IV, § 406, 61
Stat. 161, related to reimbursement of committee members for expenses.
Section 197, act June 23, 1947, ch. 120, title IV, § 407, 61
Stat. 161, related to appropriation of funds.

CHAPTER 8—FAIR LABOR STANDARDS
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
216a.
216b.
217.
218.
218a.
218b.
218c.
219.

§ 201

TITLE 29—LABOR

Short title.
Congressional finding and declaration of policy.
Definitions.
Administration.
Repealed.
Minimum wage.
Maximum hours.
Repealed.
Attendance of witnesses.
Court review of wage orders in Puerto Rico
and the Virgin Islands.
Collection of data.
Child labor provisions.
Exemptions.
Employment under special certificates.
Prohibited acts; prima facie evidence.
Penalties.
Repealed.
Liability for overtime work performed prior
to July 20, 1949.
Injunction proceedings.
Relation to other laws.
Repealed.
Notice to employees.
Protections for employees.
Separability.

§ 201. Short title
This chapter may be cited as the ‘‘Fair Labor
Standards Act of 1938’’.
(June 25, 1938, ch. 676, § 1, 52 Stat. 1060.)
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8101, May 25, 2007, 121 Stat.
188, provided that: ‘‘This subtitle [subtitle A

(§§ 8101–8104) of title VIII of Pub. L. 110–28, amending
section 206 of this title, repealing sections 205 and 208
of this title, and enacting provisions set out as notes
under section 206 of this title] may be cited as the ‘Fair
Minimum Wage Act of 2007’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–202, § 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, § 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, § 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], § 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, § 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, § 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, § 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, § 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, § 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, § 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

§ 202

TITLE 29—LABOR

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, § 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, § 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, § 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, § 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, § 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’.’’

§ 202. Congressional finding and declaration of
policy
(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.
(June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26,
1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93–259, § 7(a),
Apr. 8, 1974, 88 Stat. 62.)

Page 58
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
Pub. L. 93–259, § 29(a), Apr. 8, 1974, 88 Stat. 76, 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
Act Oct. 26, 1949, ch. 736, § 16(a), 63 Stat. 919, 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
Pub. L. 93–259, § 29(b), Apr. 8, 1974, 88 Stat. 76, 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].’’

§ 203. Definitions
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,

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TITLE 29—LABOR

(v) in the Library of Congress, or
(vi) the 1 Government Publishing Office;
(B) any individual employed by the United
States Postal Service or the Postal Regulatory 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), 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) 2 of title
12), the raising of livestock, bees, fur-bearing
animals, or poultry, and any practices (includ1 So

in original. Probably should be preceded by ‘‘in’’.
References in Text note below.

2 See

§ 203

ing 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)(1) ‘‘Wage’’ paid to any employee includes
the reasonable cost, as determined by the Ad-

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TITLE 29—LABOR

ministrator, 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.
(2)(A) 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—
(i) 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
(ii) an additional amount on account of the
tips received by such employee which amount
is equal to the difference between the wage
specified in clause (i) 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.
(B) An employer may not keep tips received by
its employees for any purposes, including allowing managers or supervisors to keep any portion
of employees’ tips, regardless of whether or not
the employer takes a tip credit.
(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

Page 60

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,

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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 Regulatory 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.
(June 25, 1938, ch. 676, § 3, 52 Stat. 1060; 1946
Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R.
7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 3, 63
Stat. 911; Pub. L. 87–30, § 2, May 5, 1961, 75 Stat.
65; Pub. L. 89–601, title I, §§ 101–103, title II,
§ 215(a), Sept. 23, 1966, 80 Stat. 830–832, 837; Pub.
L. 92–318, title IX, § 906(b)(2), (3), June 23, 1972, 86
Stat. 375; Pub. L. 93–259, §§ 6(a), 13(e), Apr. 8, 1974,
88 Stat. 58, 64; Pub. L. 95–151, §§ 3(a), (b), 9(a)–(c),
Nov. 1, 1977, 91 Stat. 1249, 1251; Pub. L. 99–150,
§§ 4(a), 5, Nov. 13, 1985, 99 Stat. 790; Pub. L.
101–157, §§ 3(a), (d), 5, Nov. 17, 1989, 103 Stat. 938,
939, 941; Pub. L. 104–1, title II, § 203(d), Jan. 23,
1995, 109 Stat. 10; Pub. L. 104–188, [title II],
§ 2105(b), Aug. 20, 1996, 110 Stat. 1929; Pub. L.
105–221, § 2, Aug. 7, 1998, 112 Stat. 1248; Pub. L.
106–151, § 1, Dec. 9, 1999, 113 Stat. 1731; Pub. L.
109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat.
3242; Pub. L. 113–235, div. H, title I, § 1301(b), Dec.

16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. S,
title XII, § 1201(a), Mar. 23, 2018, 132 Stat. 1148.)
REFERENCES IN TEXT
Section 1141j(g) of title 12, referred to in subsec. (f),
was redesignated section 1141j(f) by Pub. L. 110–246,
title I, § 1610, June 18, 2008, 122 Stat. 1746.
AMENDMENTS
2018—Subsec. (m). Pub. L. 115–141 designated first and
second sentences of existing provisions as par. (1) and
remainder of existing provisions as par. (2)(A), redesignated former pars. (1) and (2) as cls. (i) and (ii), respectively, of par. (2)(A) and, in cl. (ii), substituted ‘‘clause
(i)’’ for ‘‘paragraph (1)’’, and added subpar. (B) of par.
(2).
2006—Subsecs. (e)(2)(B), (x). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal
Rate Commission’’.
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, § 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, § 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, § 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, § 4(a)(1), substituted ‘‘paragraphs (2), (3), and (4)’’ for ‘‘paragraphs
(2) and (3)’’.
Subsec. (e)(2)(C)(ii). Pub. L. 99–150, § 5, struck out
‘‘or’’ at end of subcl. (III), struck out ‘‘who’’ in subcl.

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(IV) before ‘‘is an’’, substituted ‘‘, or’’ for period at end
of subcl. (IV), and added subcl. (V).
Subsec. (e)(4). Pub. L. 99–150, § 4(a)(2), added par. (4).
1977—Subsec. (m). Pub. L. 95–151, § 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, § 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, § 3(a), substituted ‘‘$30’’ for
‘‘$20’’.
1974—Subsec. (d). Pub. L. 93–259, § 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, § 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, § 6(a)(3), substituted
‘‘other activity, or branch or group thereof’’ for
‘‘branch thereof, or group of industries’’.
Subsec. (m). Pub. L. 93–259, § 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, § 6(a)(4), added par. (3).
Subsec. (s). Pub. L. 93–259, § 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.

Page 62

Subsec. (x). Pub. L. 93–259, § 6(a)(6), added subsec. (x).
1972—Subsecs. (r)(1), (s)(4). Pub. L. 92–318, § 906(b)(2),
(3), inserted reference to a preschool.
1966—Subsec. (d). Pub. L. 89–601, § 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, § 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, § 101(a), inserted provisions for determining the wage of a tipped employee.
Subsec. (n). Pub. L. 89–601, § 215(a), struck out
‘‘, except as used in subsection (s)(1),’’ before ‘‘shall
not’’.
Subsec. (r). Pub. L. 89–601, § 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, § 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, § 101(b), added subsec. (t).
Subsec. (u). Pub. L. 89–601, § 103(b), added subsec. (u).
Subsecs. (v), (w). Pub. L. 89–601, § 102(d), added subsecs. (v) and (w).
1961—Subsec. (m). Pub. L. 87–30, § 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, § 2(b), inserted ‘‘, except as
used in subsection (s)(1),’’ before ‘‘shall not’’.
Subsecs. (p) to (s). Pub. L. 87–30, § 2(c), added subsecs.
(p) to (s).
1949—Subsec. (b). Act Oct. 26, 1949, § 3(a), substituted
‘‘between’’ for ‘‘from’’ after ‘‘States or’’, and ‘‘and’’ for
‘‘to’’ before ‘‘any place’’.
Subsec. (j). Act Oct. 26, 1949, § 3(b), inserted ‘‘closely
related’’ before ‘‘process’’ and substituted ‘‘directly essential’’ for ‘‘necessary’’ after ‘‘occupation’’.
Subsec. (l)(1). Act Oct. 26, 1949, § 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.

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Subsecs. (n), (o). Act Oct. 26, 1949, § 3(d), added subsecs. (n) and (o).
CHANGE OF NAME
‘‘Government Publishing Office’’ substituted for
‘‘Government Printing Office’’ in subsec. (e)(2)(A)(vi)
on authority of section 1301(b) of Pub. L. 113–235, set
out as a note preceding section 301 of Title 44, Public
Printing and Documents.
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–157, § 3(e), Nov. 17, 1989, 103 Stat. 939, provided that: ‘‘The amendments made by this section
[amending this section and section 213 of this title]
shall become effective on April 1, 1990.’’
Pub. L. 101–157, § 5, Nov. 17, 1989, 103 Stat. 941, provided that the amendment made by that section is effective Apr. 1, 1990.
EFFECTIVE DATE OF 1985 AMENDMENT; PROMULGATION
OF REGULATIONS
Pub. L. 99–150, § 6, Nov. 13, 1985, 99 Stat. 790, 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
Pub. L. 95–151, § 3(a), Nov. 1, 1977, 91 Stat. 1249, provided that the amendment made by that section is effective Jan. 1, 1978.
Pub. L. 95–151, § 3(b)(1), Nov. 1, 1977, 91 Stat. 1249, 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.
Pub. L. 95–151, § 3(b)(2), Nov. 1, 1977, 91 Stat. 1249, 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.
Pub. L. 95–151, § 15(a), (b), Nov. 1, 1977, 91 Stat. 1253,
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
Pub. L. 89–601, title VI, § 602, Sept. 23, 1966, 80 Stat.
844, 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
Pub. L. 87–30, § 14, May 5, 1961, 75 Stat. 75, 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 pro-

mulgate 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.
EFFECT ON REGULATIONS
Pub. L. 115–141, div. S, title XII, § 1201(c), Mar. 23, 2018,
132 Stat. 1149, provided that: ‘‘The portions of the final
rule promulgated by the Department of Labor entitled
‘Updating Regulations Issued Under the Fair Labor
Standards Act’ (76 Fed. Reg. 18832 (April 5, 2011)) that
revised sections 531.52, 531.54, and 531.59 of title 29, Code
of Federal Regulations (76 Fed. Reg. 18854–18856) and
that are not addressed by section 3(m) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as such
section was in effect on April 5, 2011), shall have no further force or effect until any future action taken by the
Administrator of the Wage and Hour Division of the
Department of Labor.’’
CONSTRUCTION OF 1999 AMENDMENT
Pub. L. 106–151, § 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)].’’
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, § 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.
PRESERVATION OF COVERAGE
Pub. L. 101–157, § 3(b), Nov. 17, 1989, 103 Stat. 939, 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
Pub. L. 99–150, § 4(b), Nov. 13, 1985, 99 Stat. 790, provided that: ‘‘Not later than March 15, 1986, the Secretary of Labor shall issue regulations to carry out

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TITLE 29—LABOR

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
Pub. L. 99–150, § 4(c), Nov. 13, 1985, 99 Stat. 790, 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, § 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
Pub. L. 95–151, § 15(c), Nov. 1, 1977, 91 Stat. 1253, 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
Pub. L. 89–601, title VI, § 602, Sept. 23, 1966, 80 Stat.
844, 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].’’

§ 204. Administration
(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 civilservice 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

Page 64

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.

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(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
Regulatory 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.
(June 25, 1938, ch. 676, § 4, 52 Stat. 1061; Oct. 26,
1949, ch. 736, § 4, 63 Stat. 911; Oct. 28, 1949, ch. 782,
title XI, § 1106(a), 63 Stat. 972; Aug. 12, 1955, ch.
867, § 2, 69 Stat. 711; Pub. L. 87–30, § 3, May 5, 1961,
75 Stat. 66; Pub. L. 93–259, §§ 6(b), 24(c), 27, Apr.
8, 1974, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2,
§ 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783;
Pub. L. 104–66, title I, § 1102(a), Dec. 21, 1995, 109
Stat. 722; Pub. L. 109–435, title VI, § 604(f), Dec.
20, 2006, 120 Stat. 3242.)
REFERENCES IN TEXT
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.
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,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5.
AMENDMENTS
2006—Subsec. (f). Pub. L. 109–435 substituted ‘‘Postal
Regulatory Commission’’ for ‘‘Postal Rate Commission’’.
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, §§ 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, § 27(3), added pars. (2)
and (3).
Subsec. (f). Pub. L. 93–259, § 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, § 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, § 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, set out as a note under section 1113 of Title 31,
Money and Finance.
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (d)(1)
and (f) in Secretary of Labor and Civil Service Commission transferred to Equal Employment Opportunity
Commission by Reorg. Plan No. 1 of 1978, § 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, § 102, 43 F.R.
36037, 92 Stat. 3783, set out under section 1101 of Title

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TITLE 29—LABOR

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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
MINIMUM WAGE STUDY COMMISSION; ESTABLISHMENT,
PURPOSES, COMPOSITION, ETC.
Pub. L. 95–151, § 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.
DEFINITION OF ‘‘SECRETARY’’
Act Aug. 12, 1955, ch. 867, § 6, 69 Stat. 712, 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.’’

§ 205. Repealed. Pub. L. 110–28, title VIII,
§ 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
Section, acts June 25, 1938, ch. 676, § 5, 52 Stat. 1062;
June 26, 1940, ch. 432, § 3(c), 54 Stat. 615; Oct. 26, 1949, ch.
736, § 5, 63 Stat. 911; Aug. 12, 1955, ch. 867, § 5(a), 69 Stat.
711; Pub. L. 87–30, § 4, May 5, 1961, 75 Stat. 67; Pub. L.
93–259, § 5(a), Apr. 8, 1974, 88 Stat. 56; Pub. L. 101–157,
§ 4(a), Nov. 17, 1989, 103 Stat. 939, related to establishment of special industry committees for American
Samoa to recommend the minimum rate or rates of
wages. See section 8103 of Pub. L. 110–28, set out as a
note under section 206 of this title.
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after May 25, 2007, see section
8103(c)(2) of Pub. L. 110–28, set out as an Effective Date
of 2007 Amendment note under section 206 of this title.

§ 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
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—
(A) $5.85 an hour, beginning on the 60th
day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months
after that 60th day; and

Page 66

(C) $7.25 an hour, beginning 24 months
after that 60th day;
(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 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 offduty periods which are provided pursuant to
the employment agreement); or
(4) 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) 1 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
1 See

References in Text note below.

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TITLE 29—LABOR

than the minimum wage rate in effect under
subsection (a)(1).
(c) Repealed. Pub. L. 104–188, [title II], § 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
chapter 67 of title 41 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 chapter 67 of title
41, 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),
except that if more than 50 per centum of the

§ 206

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) 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).
(g) Newly hired employees who are less than 20
years old
(1) In lieu of the rate prescribed by subsection
(a)(1), 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) In lieu of the rate prescribed by subsection
(a)(1), the Governor of Puerto Rico, subject to
the approval of the Financial Oversight and
Management Board established pursuant to section 2121 of title 48, may designate a time period
not to exceed four years during which employers
in Puerto Rico may pay employees who are initially employed after June 30, 2016, a wage which
is not less than the wage described in paragraph
(1). Notwithstanding the time period designated,
such wage shall not continue in effect after such
Board terminates in accordance with section
2149 of title 48.
(3) 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)
or (2).
(4) Any employer who violates this subsection
shall be considered to have violated section
215(a)(3) of this title.
(5) This subsection shall only apply to an employee who has not attained the age of 20 years,
except in the case of the wage applicable in
Puerto Rico, 25 years, until such time as the
Board described in paragraph (2) terminates in
accordance with section 2149 of title 48.
(June 25, 1938, ch. 676, § 6, 52 Stat. 1062; June 26,
1940, ch. 432, § 3(e), (f), 54 Stat. 616; Oct. 26, 1949,
ch. 736, § 6, 63 Stat. 912; Aug. 12, 1955, ch. 867, § 3,
69 Stat. 711; Aug. 8, 1956, ch. 1035, § 2, 70 Stat.
1118; Pub. L. 87–30, § 5, May 5, 1961, 75 Stat. 67;
Pub. L. 88–38, § 3, June 10, 1963, 77 Stat. 56; Pub.
L. 89–601, title III, §§ 301–305, Sept. 23, 1966, 80

§ 206

TITLE 29—LABOR

Stat. 838, 839, 841; Pub. L. 93–259, §§ 2–4, 5(b),
7(b)(1), Apr. 8, 1974, 88 Stat. 55, 56, 62; Pub. L.
95–151, § 2(a)–(d)(2), Nov. 1, 1977, 91 Stat. 1245,
1246; Pub. L. 101–157, §§ 2, 4(b), Nov. 17, 1989, 103
Stat. 938, 940; Pub. L. 101–239, title X,
§ 10208(d)(2)(B)(i), Dec. 19, 1989, 103 Stat. 2481;
Pub. L. 104–188, [title II], §§ 2104(b), (c), 2105(c),
Aug. 20, 1996, 110 Stat. 1928, 1929; Pub. L. 110–28,
title VIII, §§ 8102(a), 8103(c)(1)(B), May 25, 2007,
121 Stat. 188, 189; Pub. L. 114–187, title IV, § 403,
June 30, 2016, 130 Stat. 586.)
REFERENCES IN TEXT
Subsection (a)(5), referred to in subsec. (b), was redesignated subsec. (a)(4) of this section by Pub. L. 110–28,
title VIII, § 8103(c)(1)(B), May 25, 2007, 121 Stat. 189.
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.
Title IX of the Act, known as the Patsy Takemoto
Mink Equal Opportunity in Education Act, is classified
principally to chapter 38 (§ 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 Social Security Act, referred to in subsec. (f)(1),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of such
Act is classified generally to subchapter II (§ 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.
CODIFICATION
In subsec. (e)(1), ‘‘chapter 67 of title 41’’ substituted
for ‘‘the Service Contract Act of 1965 (41 U.S.C.
351–357)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
In subsec. (e)(2), ‘‘chapter 67 of title 41’’ substituted
for ‘‘the Service Contract Act of 1965’’ on authority of
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
AMENDMENTS
2016—Subsec. (g)(2) to (5). Pub. L. 114–187 added pars.
(2) to (5) and struck out former pars. (2) to (4) which
read as follows:
‘‘(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.’’
2007—Subsec. (a)(1). Pub. L. 110–28, § 8102(a), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘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;’’.
Subsec. (a)(3) to (5). Pub. L. 110–28, § 8103(c)(1)(B), redesignated pars. (4) and (5) as (3) and (4), respectively,
and struck out former par. (3) which read as follows: ‘‘if
such employee is employed in American Samoa, in lieu
of the rate or rates provided by this subsection or sub-

Page 68

section (b), 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;’’.
1996—Subsec. (a)(1). Pub. L. 104–188, § 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, § 2104(c), struck out subsec. (c) which related to employees in Puerto Rico.
Subsec. (g). Pub. L. 104–188, § 2105(c), added subsec. (g).
1989—Subsec. (a)(1). Pub. L. 101–157, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 2(d)(1), added par. (2).
Former par. (2), relating to applicability, etc., of wage

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TITLE 29—LABOR

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, § 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, § 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, § 2(d)(2)(B), redesignated pars. (5) and (6) as (3) and (4), respectively.
1974—Subsec. (a)(1). Pub. L. 93–259, § 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, § 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, § 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, § 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) 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

§ 206

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) 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), to be applicable to such employee in lieu of the rate or rates prescribed by subsection (a)(5) or subsection (b), 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

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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)) hereafter issued by the Secretary pursuant to the recommendation of a special industry committee.’’
Subsec. (f). Pub. L. 93–259, § 7(b)(1), added subsec. (f).
1966—Subsec. (a). Pub. L. 89–601, § 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, § 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, § 301(b), added par. (4).
Subsec. (a)(5). Pub. L. 89–601, § 302, added par. (5).
Subsec. (b). Pub. L. 89–601, § 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, § 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, § 305, added subsec. (e).
1963—Subsec. (d). Pub. L. 88–38 added subsec. (d).
1961—Subsec. (a). Pub. L. 87–30, § 5(a)(1), inserted ‘‘in
any workweek’’ in opening provisions.
Subsec. (a)(1). Pub. L. 87–30, § 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, § 5(a)(3), inserted ‘‘in lieu
of the rate or rates provided by this subsection or subsection (b)’’ and ‘‘as amended from time to time’’ and
struck out ‘‘now’’ before ‘‘applicable to’’.
Subsec. (b). Pub. L. 87–30, § 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, § 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).

Page 70

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, § 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, § 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 2015 AMENDMENT
Pub. L. 114–61, § 1(c), Oct. 7, 2015, 129 Stat. 546, provided that: ‘‘This Act [amending provisions set out as
notes under this section], and the amendments made by
this Act, shall take effect as of September 29, 2015.’’
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8102(b), May 25, 2007, 121
Stat. 188, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect 60
days after the date of enactment of this Act [May 25,
2007].’’
Pub. L. 110–28, title VIII, § 8103(c)(2), May 25, 2007, 121
Stat. 189, provided that: ‘‘The amendments made by
this subsection [amending this section and repealing
sections 205 and 208 of this title] shall take effect 60
days after the date of enactment of this Act [May 25,
2007].’’
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.
Pub. L. 93–259, § 5(b), Apr. 8, 1974, 88 Stat. 56, 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
Pub. L. 88–38, § 4, June 10, 1963, 77 Stat. 57, 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
Act Aug. 12, 1955, ch. 867, § 3, 69 Stat. 711, provided
that the amendment made by section 3 is effective Mar.
1, 1956.

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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.
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, § 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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA
AND THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS
Pub. L. 110–28, title VIII, § 8103(a), (b), May 25, 2007, 121
Stat. 188, 189, as amended by Pub. L. 111–117, div. D,
title V, § 520, Dec. 16, 2009, 123 Stat. 3283; Pub. L. 111–244,
§ 2(a), Sept. 30, 2010, 124 Stat. 2618; Pub. L. 112–149, § 4(a),
July 26, 2012, 126 Stat. 1145; Pub. L. 113–34, § 2, Sept. 18,
2013, 127 Stat. 518; Pub. L. 114–61, § 1(a), Oct. 7, 2015, 129
Stat. 545, provided that:
‘‘(a) IN GENERAL.—Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) shall apply to American
Samoa and the Commonwealth of the Northern Mariana Islands.
‘‘(b) TRANSITION.—Notwithstanding subsection (a)—
‘‘(1) the minimum wage applicable to the Commonwealth of the Northern Mariana Islands under section
6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) shall be—
‘‘(A) $3.55 an hour, beginning on the 60th day after
the date of enactment of this Act [May 25, 2007]; and
‘‘(B) increased by $0.50 an hour (or such lesser
amount as may be necessary to equal the minimum
wage under section 6(a)(1) of such Act), beginning 1
year after the date of enactment of this Act and
each year thereafter until the minimum wage applicable to the Commonwealth of the Northern
Mariana Islands under this paragraph is equal to
the minimum wage set forth in such section, except
that, beginning in 2010 and each year thereafter (except 2011, 2013, and 2015 when there shall be no increase), such increase shall occur on September 30;
and
‘‘(2) the minimum wage applicable to American
Samoa under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be—
‘‘(A) the applicable wage rate in effect for each
industry and classification as of September 29, 2015;
and
‘‘(B) increased by $0.40 an hour (or such lesser
amount as may be necessary to equal the minimum
wage under section 6(a)(1) of such Act), beginning
on September 30, 2015, and on September 30 of every
third year thereafter, until the minimum wage applicable to American Samoa under this paragraph
is equal to the minimum wage set forth in such section.’’
REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM
WAGE INCREASES
Pub. L. 110–28, title VIII, § 8104, May 25, 2007, 121 Stat.
189, as amended by Pub. L. 111–5, div. A, title VIII,

§ 802(a), Feb. 17, 2009, 123 Stat. 186; Pub. L. 111–244, § 2(b),
Sept. 30, 2010, 124 Stat. 2618; Pub. L. 112–149, § 4(b), July
26, 2012, 126 Stat. 1145; Pub. L. 114–61, § 1(b), Oct. 7, 2015,
129 Stat. 545, provided that:
‘‘(a) REPORT.—The Government Accountability Office
shall assess the impact of minimum wage increases
that have occurred pursuant to section 8103 [of Pub. L.
110–28, amending this section, repealing sections 205
and 208 of this title, and enacting provisions set out as
notes under this section], and not later than April 1,
2017, shall transmit to Congress a report of its findings.
The Government Accountability Office shall submit a
subsequent report not later than April 1, 2020.
‘‘(b) ECONOMIC INFORMATION.—To provide sufficient
economic data for the conduct of any report under subsection (a) the Bureau of the Census of the Department
of Commerce shall include and separately report on
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands in its
County Business Patterns data with the same regularity and to the same extent as each Bureau collects and
reports such data for the 50 States. In the event that
the inclusion of American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the Virgin
Islands in such surveys and data compilations requires
time to structure and implement, the Bureau of the
Census shall in the interim annually report the best
available data that can feasibly be secured with respect
to such territories. Such interim report shall describe
the steps the Bureau will take to improve future data
collection in the territories to achieve comparability
with the data collected in the United States. The Bureau of the Census, together with the Department of
the Interior, shall coordinate their efforts to achieve
such improvements.
‘‘(c) REPORT ON ALTERNATIVE METHODS OF INCREASING
THE MINIMUM WAGE IN AMERICAN SAMOA.—Not later
than 1 year after the date of enactment of ‘An Act to
amend the Fair Minimum Wage Act of 2007 to reduce a
scheduled increase in the minimum wage applicable to
American Samoa’ [Pub. L. 114–61, approved Oct. 7, 2015],
the Government Accountability Office shall transmit
to Congress a report on alternative ways of increasing
the minimum wage in American Samoa to keep pace
with the cost of living in American Samoa and to eventually equal the minimum wage set forth in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).’’
[Pub. L. 111–5, div. A, title VIII, § 802(b), Feb. 17, 2009,
123 Stat. 187, provided that: ‘‘The amendment made by
this section [amending section 8104 of Pub. L. 110–28,
set out above] shall take effect on the date of enactment of this Act [Feb. 17, 2009].’’]
TRAINING WAGE
Pub. L. 101–157, § 6, Nov. 17, 1989, 103 Stat. 941, 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

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TITLE 29—LABOR

‘‘(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 em-

Page 72

ployee 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 [now Committee on
Health, Education, Labor, and Pensions] 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,

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TITLE 29—LABOR

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
Pub. L. 88–38, § 2, June 10, 1963, 77 Stat. 56, 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.’’
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of
this title.

§ 207. Maximum hours
(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 com-

§ 207

merce 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) 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 fiftytwo 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) or two thousand and eighty in
such period at rates not less than one and onehalf 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—

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TITLE 29—LABOR

(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 onehalf 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 fiftysix 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, § 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 per1 So

in original. Probably should not be capitalized.

Page 74

formers, 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 or 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) 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),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
2 So in original. The comma probably should be preceded by a
closing parenthesis.

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TITLE 29—LABOR

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) by employing any employee for a
workweek in excess of the maximum workweek
applicable to such employee under subsection (a)
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) 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 onehalf 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 de-

§ 207

scribed in paragraphs (1) through (7) of subsection (e) 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) 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) 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) 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) 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) 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

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TITLE 29—LABOR

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.
(l) 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).
(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) 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.

Page 76

(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) 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.
(o) 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

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TITLE 29—LABOR

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) 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 appli3 So

in original. Probably should be followed by a period.

§ 207

cable 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)
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—

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TITLE 29—LABOR

(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.
(r) Reasonable break time for nursing mothers
(1) An employer shall provide—
(A) a reasonable break time for an employee
to express breast milk for her nursing child for
1 year after the child’s birth each time such
employee has need to express the milk; and
(B) a place, other than a bathroom, that is
shielded from view and free from intrusion
from coworkers and the public, which may be
used by an employee to express breast milk.
(2) An employer shall not be required to compensate an employee receiving reasonable break
time under paragraph (1) for any work time
spent for such purpose.
(3) An employer that employs less than 50 employees shall not be subject to the requirements
of this subsection, if such requirements would
impose an undue hardship by causing the employer significant difficulty or expense when
considered in relation to the size, financial resources, nature, or structure of the employer’s
business.
(4) Nothing in this subsection shall preempt a
State law that provides greater protections to
employees than the protections provided for
under this subsection.
(June 25, 1938, ch. 676, § 7, 52 Stat. 1063; Oct. 29,
1941, ch. 461, 55 Stat. 756; July 20, 1949, ch. 352, § 1,
63 Stat. 446; Oct. 26, 1949, ch. 736, § 7, 63 Stat. 912;
Pub. L. 87–30, § 6, May 5, 1961, 75 Stat. 69; Pub. L.
89–601, title II, §§ 204(c), (d), 212(b), title IV,
§§ 401–403, Sept. 23, 1966, 80 Stat. 835–837, 841, 842;
Pub. L. 93–259, §§ 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, §§ 2(a), 3(a)–(c)(1), Nov. 13, 1985, 99 Stat.
787, 789; Pub. L. 101–157, § 7, Nov. 17, 1989, 103
Stat. 944; Pub. L. 104–26, § 2, Sept. 6, 1995, 109
Stat. 264; Pub. L. 106–202, § 2(a), (b), May 18, 2000,
114 Stat. 308, 309; Pub. L. 111–148, title IV, § 4207,
Mar. 23, 2010, 124 Stat. 577.)
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, § 6(c)(3), Apr. 8, 1974, 88 Stat. 61, which is set out
as a note under section 213 of this title.
AMENDMENTS
2010—Subsec. (r). Pub. L. 111–148 added subsec. (r).
2000—Subsec. (e)(8). Pub. L. 106–202, § 2(a), added par.
(8).
Subsec. (h). Pub. L. 106–202, § 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).

Page 78

1989—Subsec. (q). Pub. L. 101–157 added subsec. (q).
1985—Subsec. (o). Pub. L. 99–150, § 2(a), added subsec.
(o).
Subsec. (p). Pub. L. 99–150, § 3(a)–(c)(1), added subsec.
(p).
1974—Subsec. (c). Pub. L. 93–259, § 19(a), (b), substituted ‘‘seven workweeks’’ for ‘‘ten workweeks’’, ‘‘ten
workweeks’’ for ‘‘fourteen workweeks’’ and ‘‘fortyeight hours’’ for ‘‘fifty hours’’ effective May 1, 1974.
Pub. L. 93–259, § 19(c), substituted ‘‘five workweeks’’ for
‘‘seven workweeks’’ and ‘‘seven workweeks’’ for ‘‘ten
workweeks’’ effective Jan. 1, 1975. Pub. L. 93–259, § 19(d),
substituted ‘‘three workweeks’’ for ‘‘five workweeks’’
and ‘‘five workweeks’’ for ‘‘seven workweeks’’ effective
Jan. 1, 1976. Pub. L. 93–259, § 19(e), repealed subsec. (c)
effective Dec. 31, 1976.
Subsec. (d). Pub. L. 93–259, § 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, § 19(c), substituted ‘‘five workweeks’’ for ‘‘seven
workweeks’’ and ‘‘seven workweeks’’ for ‘‘ten workweeks’’ effective Jan. 1, 1975. Pub. L. 93–259, § 19(d), substituted ‘‘three workweeks’’ for ‘‘five workweeks’’ and
‘‘five workweeks’’ for ‘‘seven workweeks’’ effective
Jan. 1, 1976. Pub. L. 93–259, § 19(e), repealed subsec. (d)
effective Dec. 31, 1976.
Subsec. (j). Pub. L. 93–259, § 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, § 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, § 6(c)(1)(C), substituted ‘‘216 hours’’ for
‘‘232 hours’’, wherever appearing, effective Jan. 1, 1977.
Pub. L. 93–259, § 6(c)(1)(B), substituted ‘‘232 hours’’ for
‘‘240 hours’’, wherever appearing, effective Jan. 1, 1976.
Pub. L. 93–259, § 6(c)(1)(A), added subsec. (k), effective
Jan. 1, 1975.
Subsec. (l). Pub. L. 93–259, § 7(b)(2), added subsec. (l).
Subsec. (m). Pub. L. 93–259, § 9(a), added subsec. (m).
Subsec. (n). Pub. L. 93–259, § 21(a), added subsec. (n).
1966—Subsec. (a). Pub. L. 89–601, § 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, § 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

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TITLE 29—LABOR

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, § 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, § 204(c), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 89–601, § 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, § 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, §§ 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, § 403, added subsec. (j).
1961—Subsec. (a). Pub. L. 87–30, § 6(a), designated existing provisions as par. (1), inserted ‘‘in any workweek’’, and added par. (2).
Subsec. (b)(2). Pub. L. 87–30, § 6(b), substituted ‘‘in excess of the maximum workweek applicable to such employee under subsection (a)’’ for ‘‘in excess of forty
hours in the workweek’’.
Subsec. (d)(5), (7). Pub. L. 87–30, § 6(c), (d), substituted
‘‘in excess of the maximum workweek applicable to
such employee under subsection (a)’’ for ‘‘forty in a
workweek’’ in par. (5) and ‘‘the maximum workweek
applicable to such employee under subsection (a)’’ for
‘‘forty hours’’ in par. (7).
Subsec. (e). Pub. L. 87–30, § 6(e), substituted ‘‘the maximum workweek applicable to such employee under
subsection (a)’’, ‘‘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, § 6(f), substituted ‘‘the maximum workweek applicable to such employee under subsection’’ for ‘‘forty hours’’ in two places.
Subsec. (h). Pub. L. 87–30, § 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 11⁄2 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, § 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
Pub. L. 104–26, § 3, Sept. 6, 1995, 109 Stat. 265, 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
Pub. L. 93–259, § 6(c)(1)(A)–(D), Apr. 8, 1974, 88 Stat. 60,
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.
Pub. L. 93–259, § 19(c)–(e), Apr. 8, 1974, 88 Stat. 66, provided that the amendments and repeals made by subsecs. (c), (d), and (e) of section 19 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, § 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].’’
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 em-

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TITLE 29—LABOR

ployed 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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
APPLICABILITY; LIABILITY OF EMPLOYERS
Pub. L. 110–244, title III, § 306, June 6, 2008, 122 Stat.
1620, provided that:
‘‘(a) APPLICABILITY FOLLOWING THIS ACT.—Beginning
on the date of enactment of this Act [June 6, 2008], section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) shall apply to a covered employee notwithstanding
section 13(b)(1) of that Act (29 U.S.C. 213(b)(1)).
LIMITATION
FOLLOWING
‘‘(b)
LIABILITY
SAFETEA–LU.—
‘‘(1) LIMITATION ON LIABILITY.—An employer shall
not be liable for a violation of section 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 207) with respect to a covered employee if—
‘‘(A) the violation occurred in the 1-year period
beginning on August 10, 2005; and
‘‘(B) as of the date of the violation, the employer
did not have actual knowledge that the employer
was subject to the requirements of such section
with respect to the covered employee.
‘‘(2) ACTIONS TO RECOVER AMOUNTS PREVIOUSLY
PAID.—Nothing in paragraph (1) shall be construed to
establish a cause of action for an employer to recover
amounts paid before the date of enactment of this
Act [June 6, 2008] in settlement of, in compromise of,
or pursuant to a judgment rendered regarding a claim
or potential claim based on an alleged or proven violation of section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) occurring in the 1-year period referred to in paragraph (1)(A) with respect to a covered
employee.
‘‘(c) COVERED EMPLOYEE DEFINED.—In this section,
the term ‘covered employee’ means an individual—
‘‘(1) who is employed by a motor carrier or motor
private carrier (as such terms are defined by section
13102 of title 49, United States Code, as amended by
section 305);
‘‘(2) whose work, in whole or in part, is defined—
‘‘(A) as that of a driver, driver’s helper, loader, or
mechanic; and
‘‘(B) as affecting the safety of operation of motor
vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign
commerce, except vehicles—
‘‘(i) designed or used to transport more than 8
passengers (including the driver) for compensation;
‘‘(ii) designed or used to transport more than 15
passengers (including the driver) and not used to
transport passengers for compensation; or
‘‘(iii) used in transporting material found by
the Secretary of Transportation to be hazardous
under section 5103 of title 49, United States Code,
and transported in a quantity requiring placarding under regulations prescribed by the Secretary
under section 5103 of title 49, United States Code;
and
‘‘(3) who performs duties on motor vehicles weighing 10,000 pounds or less.’’
LIABILITY OF EMPLOYERS
Pub. L. 106–202, § 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];

Page 80

‘‘(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
Pub. L. 99–150, § 2(b), Nov. 13, 1985, 99 Stat. 788, 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
Pub. L. 99–150, § 2(c)(2), Nov. 13, 1985, 99 Stat. 789, 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, § 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.
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.
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of
this title.

Page 81

§ 208. Repealed. Pub. L. 110–28, title VIII,
§ 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
Section, acts June 25, 1938, ch. 676, § 8, 52 Stat. 1064;
Oct. 26, 1949, ch. 736, § 8, 63 Stat. 915; Aug. 12, 1955, ch.
867, §§ 4, 5(b)–(e), 69 Stat. 711, 712; Pub. L. 85–750, Aug. 25,
1958, 72 Stat. 844; Pub. L. 87–30, § 7, May 5, 1961, 75 Stat.
70; Pub. L. 93–259, § 5(c)(1), (d), Apr. 8, 1974, 88 Stat. 58;
Pub. L. 95–151, § 2(d)(3), Nov. 1, 1977, 91 Stat. 1246; Pub.
L. 101–157, § 4(c), Nov. 17, 1989, 103 Stat. 940; Pub. L.
101–583, § 1, Nov. 15, 1990, 104 Stat. 2871, related to wage
orders in American Samoa.
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after May 25, 2007, see section
8103(c)(2) of Pub. L. 110–28, set out as an Effective Date
of 2007 Amendment note under section 206 of this title.

§ 209. Attendance of witnesses
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.
(June 25, 1938, ch. 676, § 9, 52 Stat. 1065; 1946
Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R.
7873, 60 Stat. 1095.)
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, § 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, §§ 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.
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of
this title.

§ 210. Court review of wage orders in Puerto
Rico and the Virgin Islands
(a) Any person aggrieved by an order of the
Secretary issued under section 208 1 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
1 See

§ 210

TITLE 29—LABOR

References in Text note below.

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) 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.
(June 25, 1938, ch. 676, § 10, 52 Stat. 1065; Aug. 12,
1955, ch. 867, § 5(f), 69 Stat. 712; Pub. L. 85–791,
§ 22, Aug. 28, 1958, 72 Stat. 948; Pub. L. 93–259,
§ 5(c)(2), Apr. 8, 1974, 88 Stat. 58.)
REFERENCES IN TEXT
Section 208 of this title, referred to in subsec. (a), was
repealed by Pub. L. 110–28, title VIII, § 8103(c)(1)(A), May
25, 2007, 121 Stat. 189.

§ 211

TITLE 29—LABOR
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.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and Employees.
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.

§ 211. Collection of data
(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

Page 82

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.
(June 25, 1938, ch. 676, § 11, 52 Stat. 1066; 1946
Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R.
7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 9, 63
Stat. 916; Pub. L. 99–150, § 3(c)(2), Nov. 13, 1985, 99
Stat. 789.)
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.
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, § 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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and Employees.

Page 83

§ 213

TITLE 29—LABOR

‘‘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.
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.
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of
this title.

§ 212. Child labor provisions
(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.
(June 25, 1938, ch. 676, § 12, 52 Stat. 1067; 1946
Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R.

7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 10, 63
Stat. 917; Pub. L. 87–30, § 8, May 5, 1961, 75 Stat.
70; Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.)
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, § 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, § 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.
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, §§ 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.

§ 213. Exemptions
(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, § 3(c)(1), Nov. 17,
1989, 103 Stat. 939.
(3) any employee employed by an establishment which is an amusement or recreational

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TITLE 29—LABOR

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 331⁄3 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, § 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

Page 84

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, § 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, § 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, §§ 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;
(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; or
(18) any employee who is a border patrol
agent, as defined in section 5550(a) of title 5; or
(19) any employee employed to play baseball
who is compensated pursuant to a contract
that provides for a weekly salary for services
performed during the league’s championship
season (but not spring training or the off season) at a rate that is not less than a weekly
salary equal to the minimum wage under section 206(a) of this title for a workweek of 40
hours, irrespective of the number of hours the
employee devotes to baseball related activities.
(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

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TITLE 29—LABOR

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, § 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, § 21(b)(3), Apr. 8,
1974, 88 Stat. 68.
(8) Repealed. Pub. L. 95–151, § 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

§ 213

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, §§ 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, § 5, Nov. 1, 1977,
91 Stat. 1249.
(23) Repealed. Pub. L. 93–259, § 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, §§ 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

§ 213

TITLE 29—LABOR

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)) required to be
paid at the wage rate prescribed by section
206(a)(5) 1 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 customar1 See

References in Text note below.

Page 86

ily 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 incor-

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TITLE 29—LABOR

porating 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 op-

§ 213

pressive 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 onethird of an employee’s worktime in any workday
and no more than 20 percent of an employee’s
worktime in any workweek.
(7)(A)(i) Subject to subparagraph (B), in the
administration and enforcement of the child
labor provisions of this chapter, it shall not be
considered oppressive child labor for a new entrant into the workforce to be employed inside
or outside places of business where machinery is
used to process wood products.
(ii) In this paragraph, the term ‘‘new entrant
into the workforce’’ means an individual who—
(I) is under the age of 18 and at least the age
of 14, and

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TITLE 29—LABOR

(II) by statute or judicial order is exempt
from compulsory school attendance beyond
the eighth grade.
(B) The employment of a new entrant into the
workforce under subparagraph (A) shall be permitted—
(i) if the entrant is supervised by an adult
relative of the entrant or is supervised by an
adult member of the same religious sect or division as the entrant;
(ii) if the entrant does not operate or assist
in the operation of power-driven woodworking
machines;
(iii) if the entrant is protected from wood
particles or other flying debris within the
workplace by a barrier appropriate to the potential hazard of such wood particles or flying
debris or by maintaining a sufficient distance
from machinery in operation; and
(iv) if the entrant is required to use personal
protective equipment to prevent exposure to
excessive levels of noise and saw dust.
(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) 1 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) 1 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

Page 88

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

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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.
(June 25, 1938, ch. 676, § 13, 52 Stat. 1067; Aug. 9,
1939, ch. 605, 53 Stat. 1266; Oct. 26, 1949, ch. 736,
§ 11, 63 Stat. 917; Aug. 8, 1956, ch. 1035, § 3, 70 Stat.
1118; Pub. L. 85–231, § 1(1), Aug. 30, 1957, 71 Stat.
514; Pub. L. 86–624, § 21(b), July 12, 1960, 74 Stat.
417; Pub. L. 87–30, §§ 9, 10, May 5, 1961, 75 Stat. 71,
74; Pub. L. 89–601, title II, §§ 201–204(a), (b),
205–212(a), 213, 214, 215(b), (c), Sept. 23, 1966, 80
Stat. 833–838; Pub. L. 89–670, § 8(e), Oct. 15, 1966,
80 Stat. 943; 1970 Reorg. Plan No. 2, § 102, eff. July
1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 92–318,
title IX, § 906(b)(1), June 23, 1972, 86 Stat. 375;
Pub. L. 93–259, §§ 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,
§§ 4–8, 9(d), 11, 14, Nov. 1, 1977, 91 Stat. 1249,
1250–1252; Pub. L. 96–70, title I, § 1225(a), Sept. 27,
1979, 93 Stat. 468; Pub. L. 101–157, § 3(c), Nov. 17,
1989, 103 Stat. 939; Pub. L. 103–329, title VI,
§ 633(d), Sept. 30, 1994, 108 Stat. 2428; Pub. L.
104–88, title III, § 340, Dec. 29, 1995, 109 Stat. 955;
Pub. L. 104–174, § 1, Aug. 6, 1996, 110 Stat. 1553;
Pub. L. 104–188, [title II], § 2105(a), Aug. 20, 1996,
110 Stat. 1929; Pub. L. 105–78, title I, § 105, Nov.
13, 1997, 111 Stat. 1477; Pub. L. 105–334, § 2(a), Oct.
31, 1998, 112 Stat. 3137; Pub. L. 108–199, div. E,
title I, § 108, Jan. 23, 2004, 118 Stat. 236; Pub. L.
113–277, § 2(g)(2), Dec. 18, 2014, 128 Stat. 3005; Pub.
L. 115–141, div. S, title II, § 201(a), Mar. 23, 2018,
132 Stat. 1126.)
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 (§ 181 et seq.) of Title 45, Railroads. For
complete classification of this Act to the Code see section 151 of Title 45 and Tables.
Section 206(a)(5) of this title, referred to in subsec.
(c)(1)(A), was redesignated section 206(a)(4) of this title
by Pub. L. 110–28, title VIII, § 8103(c)(1)(B), May 25, 2007,
121 Stat. 189.
Section 206(a)(3) of this title, referred to in subsec.
(e), was repealed and section 206(a)(4) of this title was
redesignated section 206(a)(3) by Pub. L. 110–28, title
VIII, § 8103(c)(1)(B), May 25, 2007, 121 Stat. 189.
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
(§ 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 1301 of Title 43
and Tables.
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, § 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, §§ 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, § 6(b),
Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et
seq.) of subtitle II of Title 49, Transportation.
AMENDMENTS
2018—Subsec. (a)(19). Pub. L. 115–141 added par. (19).
2014—Subsec. (a)(18). Pub. L. 113–277 added par. (18).
2004—Subsec. (c)(7). Pub. L. 108–199 added par. (7).
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, § 633(d)(1), added
par. (16).
Subsec. (b)(30). Pub. L. 103–329, § 633(d)(2), added par.
(30).
1989—Subsec. (a)(2). Pub. L. 101–157, § 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, § 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, § 3(c)(2), substituted ‘‘provided by paragraph (6) of subsection (a)’’ for ‘‘provided
by paragraphs (2) and (6) of subsection (a)’’ 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) 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’’.

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1977—Subsec. (a)(2). Pub. L. 95–151, § 9(d), substituted
‘‘section 203(s)(5)’’ for ‘‘section 203(s)(4)’’.
Subsec. (a)(3). Pub. L. 95–151, §§ 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, § 14(a), substituted
‘‘forty-four’’ for ‘‘forty-six’’.
Pub. L. 95–151, § 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, § 5, struck out par. (22)
which related to exemption of shade-grown tobacco employees.
Subsec. (b)(25). Pub. L. 95–151, § 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, § 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, § 4(b), added par. (29).
Subsec. (c). Pub. L. 95–151, § 8, in par. (1) inserted reference to par. (4), and added par. (4).
Subsec. (i). Pub. L. 95–151, § 6(b), added subsec. (i).
Subsec. (j). Pub. L. 95–151, § 7(b), added subsec. (j).
1974—Subsec. (a)(2). Pub. L. 93–259, § 8(a), substituted
‘‘$225,000’’ for ‘‘$250,000’’ effective Jan. 1, 1975, Pub. L.
93–259, § 8(b), substituted ‘‘$200,000’’ for ‘‘$225,000’’ effective Jan. 1, 1976. Pub. L. 93–259, § 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, § 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, § 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, § 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, § 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, § 7(b)(3), added par. (15).
Subsec. (b)(2). Pub. L. 93–259, § 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, § 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,
§ 11(b), substituted ‘‘forty-four hours’’ for ‘‘forty-eight

Page 90

hours’’ effective one year after May 1, 1974. Pub. L.
93–259, § 11(c), repealed subsec. (b)(4) effective two years
after May 1, 1974.
Subsec. (b)(7). Pub. L. 93–259, § 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, § 21(b)(2), substituted ‘‘forty-four
hours’’ for ‘‘forty-eight hours’’ effective one year after
May 1, 1974. Pub. L. 93–259, § 21(b)(3) repealed subsec.
(b)(7) effective two years after May 1, 1974.
Subsec. (b)(8). Pub. L. 93–259, §§ 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 fortyeight 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, § 13(b),
effective one year after May 1, 1974, substituted ‘‘fortysix hours’’ for ‘‘forty-eight hours’’ in subparas. (A) and
(B). Pub. L. 93–259, § 13(c), effective two years after May
1, 1974, substituted ‘‘forty-four hours’’ for ‘‘forty-six
hours’’ in subpar. (B). Pub. L. 93–259, § 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, § 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, § 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, § 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,
§ 15(b), effective one year after May 1, 1974, substituted
‘‘forty-four hours’’ for ‘‘forty-eight hours.’’ Pub. L.
93–259, § 15(c), repealed par. (18) effective two years after
May 1, 1974.
Subsec. (b)(19). Pub. L. 93–259, § 16(a), effective one
year after May 1, 1974, substituted ‘‘forty-four hours’’
for ‘‘forty-eight hours’’. Pub. L. 93–259, § 16(b), repealed
par. (19), effective two years after May 1, 1974.
Subsec. (b)(20). Pub. L. 93–259, § 6(c)(2)(A), added par.
(20) effective May 1, 1974. Pub. L. 93–259, § 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, § 7(b)(4), added par. (21).
Subsec. (b)(22). Pub. L. 93–259, § 9(b)(2), added par. (22).
Subsec. (b)(23). Pub. L. 93–259, § 10(b)(1), added par.
(23), effective May 1, 1974. Pub. L. 93–259, § 10(b)(2), substituted ‘‘forty-four hours’’ for ‘‘forty-eight hours’’ effective one year after May 1, 1974. Pub. L. 93–259,

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TITLE 29—LABOR

§ 10(b)(3), repealed par. (23) effective two years after
May 1, 1974.
Subsec. (b)(24). Pub. L. 93–259, § 17, added par. (24).
Subsec. (b)(25). Pub. L. 93–259, § 20(b)(1), added par. (25)
effective May 1, 1974. Pub. L. 93–259, § 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, § 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 ‘‘fortyfour’’.
Subsec. (b)(26). Pub. L. 93–259, § 20(c)(1), added par. (26)
effective May 1, 1974. Pub. L. 93–259, § 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, § 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 ‘‘fortyfour’’.
Subsec. (b)(27). Pub. L. 93–259, § 23(a)(2), added par.
(27).
Subsec. (b)(28). Pub. L. 93–259, § 23(b)(2), added par.
(28).
Subsec. (c)(1). Pub. L. 93–259, § 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, § 18, added subsec. (g).
Subsec. (h). Pub. L. 93–259, § 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, § 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, § 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, §§ 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 331⁄3 per centum of its
average receipts for the other six months of such year.
Subsec. (a)(6). Pub. L. 89–601, § 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

§ 213

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, § 215(c), extended coverage to include employees exempted by a certificate of
the Secretary.
Subsec. (a)(8). Pub. L. 89–601, § 205, substituted ‘‘where
published’’ for ‘‘where printed and published’’.
Subsec. (a)(9). Pub. L. 89–601, §§ 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, §§ 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, § 215(b)(1), redesignated
par. (13) as (11). Former par. (11) redesignated (10).
Subsec. (a)(12). Pub. L. 89–601, §§ 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, §§ 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, § 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, § 215(b)(1), redesignated
par. (15) as (13).
Subsec. (a)(16). Pub. L. 89–601, § 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, § 204(a), repealed par.
(17) relating to country elevator operators. See subsec.
(b)(14) of this section.
Subsec. (a)(18). Pub. L. 89–601, § 204(a), repealed par.
(18) relating to cotton ginning employees. See subsec.
(b)(15) of this section.
Subsec. (a)(19). Pub. L. 89–601, § 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, § 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, § 215(b)(1), redesignated
par. (21) as (14).
Subsec. (a)(22). Pub. L. 89–601, § 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, § 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, §§ 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.

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Subsec. (b)(10). Pub. L. 89–601, §§ 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, §§ 203(c)(B),
204(b), 206(b)(2), 210(b), added pars. (12) to (19).
Subsec. (c). Pub. L. 89–601, § 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, § 213, inserted reference to
Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.
1961—Subsec. (a)(1). Pub. L. 87–30, § 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, § 9, inserted conditional
provision, including subclauses (i) to (iv).
Subsec. (a)(5). Pub. L. 87–30, § 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, § 9, substituted ‘‘Secretary’’ for ‘‘Administrator’’.
Subsec. (a)(9). Pub. L. 87–30, § 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, § 9, substituted ‘‘Secretary’’ for ‘‘Administrator’’ and struck out ‘‘ginning’’
after ‘‘storing’’.
Subsec. (a)(11). Pub. L. 87–30, § 9, substituted ‘‘by an
independently owned public telephone company’’ for
‘‘in a public telephone exchange’’.
Subsec. (a)(13). Pub. L. 87–30, § 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, § 9, inserted ‘‘on a vessel
other than an American vessel’’.
Subsec. (a)(16) to (22). Pub. L. 87–30, § 9, added pars.
(16) to (22).
Subsec. (b)(4). Pub. L. 87–30, § 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, § 9, added pars. (6)
to (11).
Subsec. (d). Pub. L. 87–30, § 10, extended the nonapplicability of sections 206, 207, and 212 of this title to any
homeworker engaged in the making of evergreen
wreaths.

Page 92

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 2018 AMENDMENT
Pub. L. 115–141, div. S, title II, § 201(b), Mar. 23, 2018,
132 Stat. 1127, provided that: ‘‘This section [amending
this section], and the amendments made by this section, shall take effect on the date of enactment of this
Act [Mar. 23, 2018].’’
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–277 effective on the first
day of the first pay period beginning on or after Jan. 1,
2016, subject to certain exceptions, see section 2(i) of
Pub. L. 113–277, set out as a note under section 5542 of
Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–334, § 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 1301 of Title 49, Transportation.

Page 93

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TITLE 29—LABOR
EFFECTIVE DATE OF 1994 AMENDMENT

EFFECTIVE DATE OF 1966 AMENDMENTS

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.

Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as
prescribed by President and published in Federal Register, see section 16(a), formerly § 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 1989 AMENDMENT

EFFECTIVE DATE OF 1961 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.

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 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
Pub. L. 95–151, § 14(a), (b), Nov. 1, 1977, 91 Stat. 1252,
provided that the amendments made by subsecs. (a) and
(b) of section 14 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
Pub. L. 93–259, § 6(c)(2)(B), Apr. 8, 1974, 88 Stat. 61, provided that the amendment made by section 6(c)(2)(B) is
effective Jan. 1, 1975.
Pub. L. 93–259, § 8(a)–(c), Apr. 8, 1974, 88 Stat. 62, provided that the amendments made by subsecs. (a), (b),
and (c) of section 8 are effective Jan. 1, 1975, 1976, and
1977, respectively.
Pub. L. 93–259, § 10(b)(2), (3), Apr. 8, 1974, 88 Stat. 63, 64,
provided that the amendment and repeal made by pars.
(2) and (3) of section 10(b) are effective one year and two
years after May 1, 1974, respectively.
Pub. L. 93–259, § 11(b), (c), Apr. 8, 1974, 88 Stat. 64, provided that the amendment and repeal made by subsecs.
(b) and (c) of section 11 are effective one year and two
years after May 1, 1974, respectively.
Pub. L. 93–259, § 13(b)–(d), Apr. 8, 1974, 88 Stat. 64, provided that the amendments made by subsecs. (b), (c),
and (d) of section 13 are effective one year, two years,
and three years after May 1, 1974, respectively.
Pub. L. 93–259, § 15(b), (c), Apr. 8, 1974, 88 Stat. 65, provided that the amendment and repeal made by subsecs.
(b) and (c) of section 15 are effective one year and two
years after May 1, 1974, respectively.
Pub. L. 93–259, § 16(a), (b), Apr. 8, 1974, 88 Stat. 65, provided that the amendment and repeal made by subsecs.
(a) and (b) of section 16 are effective one year and two
years after May 1, 1974, respectively.
Pub. L. 93–259, § 20(b)(2), (3), Apr. 8, 1974, 88 Stat. 67,
provided that the amendments made by pars. (2) and (3)
of section 20(b) are effective Jan. 1, 1975, and 1976, respectively.
Pub. L. 93–259, § 20(c)(2), (3), Apr. 8, 1974, 88 Stat. 67, 68,
provided that the amendments made by pars. (2) and (3)
of section 20(c) are effective Jan. 1, 1975, and 1976, respectively.
Pub. L. 93–259, § 21(b)(2), (3), Apr. 8, 1974, 88 Stat. 68,
provided that the amendment and repeal made by pars.
(2) and (3) of section 21(b) are effective one year and two
years after May 1, 1974, respectively.
Amendment by sections 6(c)(2)(A), 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 1957 AMENDMENT
Pub. L. 85–231, § 2, Aug. 30, 1957, 71 Stat. 514, 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.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5.
EXEMPTIONS FOR APPRENTICES AND STUDENT LEARNERS
Pub. L. 104–174, § 3, Aug. 6, 1996, 110 Stat. 1555, 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, § 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 61⁄2 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
Pub. L. 93–259, § 6(c)(3), Apr. 8, 1974, 88 Stat. 61, 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.

§ 214

TITLE 29—LABOR
PIPELINE EMPLOYEES UNDER SUBSEC. (b)(2)

Pub. L. 93–259, § 23(c), Apr. 8, 1974, 88 Stat. 69, 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
Pub. L. 87–30, § 13, May 5, 1961, 75 Stat. 75, 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
Act Aug. 3, 1956, ch. 905, § 3, 70 Stat. 958, 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].’’

§ 214. Employment under special certificates
(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 fulltime 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—

Page 94

(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 is-

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TITLE 29—LABOR

sued 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) 1 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
1 See

References in Text note below.

§ 214

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

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TITLE 29—LABOR

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).

Page 96

(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.
(June 25, 1938, ch. 676, § 14, 52 Stat. 1068; Oct. 26,
1949, ch. 736, § 12, 63 Stat. 918; Pub. L. 87–30, § 11,
May 5, 1961, 75 Stat. 74; Pub. L. 89–601, title V,
§ 501, Sept. 23, 1966, 80 Stat. 842; Pub. L. 93–259,
§ 24(a), (b), Apr. 8, 1974, 88 Stat. 69, 72; Pub. L.
95–151, §§ 12, 13, Nov. 1, 1977, 91 Stat. 1252; Pub. L.
99–486, Oct. 16, 1986, 100 Stat. 1229; Pub. L.
101–157, § 4(d), Nov. 17, 1989, 103 Stat. 941.)
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.
Section 206(a)(5) of this title, referred to in subsec.
(b)(2), was redesignated section 206(a)(4) of this title by
Pub. L. 110–28, title VIII, § 8103(c)(1)(B), May 25, 2007, 121
Stat. 189.
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, § 12(a), substituted ‘‘six’’ for ‘‘four’’ wherever appearing.
Subsec. (b)(4)(D). Pub. L. 95–151, § 13, added subpar.
(D).
1974—Subsec. (a). Pub. L. 93–259, § 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, § 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 parttime basis in retail or service establishments (not to
exceed twenty hours in any workweek) or on a parttime or full-time basis in such establishments during
school vacations, under special certificates issued pur-

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suant 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, § 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 parttime 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 fulltime 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 fulltime 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.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and 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 WAGES PAID HANDICAPPED CLIENTS IN
SHELTERED WORKSHOPS
Pub. L. 89–601, title VI, § 605, Sept. 23, 1966, 80 Stat.
845, 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.

§ 215. Prohibited acts; prima facie evidence
(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

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TITLE 29—LABOR

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) 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.
(June 25, 1938, ch. 676, § 15, 52 Stat. 1068; Oct. 26,
1949, ch. 736, § 13, 63 Stat. 919; 1950 Reorg. Plan
No. 6, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1263.)
AMENDMENTS
1949—Subsec. (a)(1). Act Oct. 26, 1949, § 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, § 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.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and Employees.
LIABILITY OF PUBLIC AGENCY FOR DISCRIMINATION
AGAINST EMPLOYEE FOR ASSERTION OF COVERAGE
Pub. L. 99–150, § 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

Page 98

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.’’

§ 216. Penalties
(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.
Any employer who violates section 203(m)(2)(B)
of this title shall be liable to the employee or
employees affected in the amount of the sum of
any tip credit taken by the employer and all
such tips unlawfully kept by the employer, and
in an additional equal amount as liquidated
damages. An action to recover the liability prescribed in 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.

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TITLE 29—LABOR

(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) 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), 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 6(a) of the Portal-to-Portal Act of 1947
[29 U.S.C. 255(a)], 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. The authority and requirements described in this subsection shall apply with respect to a violation of
section 203(m)(2)(B) of this title, as appropriate,
and the employer shall be liable for the amount
of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the
employer, and an additional equal amount as
liquidated damages.
(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 work-

§ 216

place 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) 1 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
(1)(A) Any person who violates the provisions
of sections 2 212 or 213(c) of this title, relating to
child labor, or any regulation issued pursuant to
such sections, shall be subject to a civil penalty
not to exceed—
(i) $11,000 for each employee who was the
subject of such a violation; or
(ii) $50,000 with regard to each such violation
that causes the death or serious injury of any
employee under the age of 18 years, which penalty may be doubled where the violation is a
repeated or willful violation.
(B) For purposes of subparagraph (A), the term
‘‘serious injury’’ means—
(i) permanent loss or substantial impairment of one of the senses (sight, hearing,
taste, smell, tactile sensation);
(ii) permanent loss or substantial impairment of the function of a bodily member,
organ, or mental faculty, including the loss of
all or part of an arm, leg, foot, hand or other
body part; or
(iii) permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body
part.
(2) Any person who repeatedly or willfully violates section 206 or 207 of this title, relating to
wages, shall be subject to a civil penalty not to
exceed $1,100 for each such violation. Any person
who violates section 203(m)(2)(B) of this title
shall be subject to a civil penalty not to exceed
$1,100 for each such violation, as the Secretary
determines appropriate, in addition to being liable to the employee or employees affected for all
tips unlawfully kept, and an additional equal
amount as liquidated damages, as described in
subsection (b).
(3) 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—
(A) deducted from any sums owing by the
United States to the person charged;
(B) 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
(C) 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.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘section’’.

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TITLE 29—LABOR

(4) Any administrative determination by the
Secretary of the amount of any penalty under
this subsection shall be final, unless within 15
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.
(5) 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
provision 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.
(June 25, 1938, ch. 676, § 16, 52 Stat. 1069; May 14,
1947, ch. 52, § 5(a), 61 Stat. 87; Oct. 26, 1949, ch.
736, § 14, 63 Stat. 919; 1950 Reorg. Plan No. 6, §§ 1,
2, 15 F.R. 3174, 64 Stat. 1263; Aug. 8, 1956, ch. 1035,
§ 4, 70 Stat. 1118; Pub. L. 85–231, § 1(2), Aug. 30,
1957, 71 Stat. 514; Pub. L. 87–30, § 12(a), May 5,
1961, 75 Stat. 74; Pub. L. 89–601, title VI, § 601(a),
Sept. 23, 1966, 80 Stat. 844; Pub. L. 93–259, §§
6(d)(1), 25(c), 26, Apr. 8, 1974, 88 Stat. 61, 72, 73;
Pub. L. 95–151, § 10, Nov. 1, 1977, 91 Stat. 1252;
Pub. L. 101–157, § 9, Nov. 17, 1989, 103 Stat. 945;
Pub. L. 101–508, title III, § 3103, Nov. 5, 1990, 104
Stat. 1388–29; Pub. L. 104–174, § 2, Aug. 6, 1996, 110
Stat. 1554; Pub. L. 110–233, title III, § 302(a), May
21, 2008, 122 Stat. 920; Pub. L. 115–141, div. S, title
XII, § 1201(b), Mar. 23, 2018, 132 Stat. 1148.)
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 (§ 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.
Section 206(a)(3) of this title, referred to in subsec.
(d)(3), was repealed and section 206(a)(4) of this title
was redesignated section 206(a)(3) by Pub. L. 110–28,
title VIII, § 8103(c)(1)(B), May 25, 2007, 121 Stat. 189.
CONSTITUTIONALITY
For information regarding constitutionality of certain provisions of section 16 of act June 25, 1938, as
amended by section 6(d)(1) of Pub. L. 93–259, see Congressional Research Service, The Constitution of the
United States of America: Analysis and Interpretation,
Appendix 1, Acts of Congress Held Unconstitutional in
Whole or in Part by the Supreme Court of the United
States.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–141, § 1201(b)(1), inserted
‘‘Any employer who violates section 203(m)(2)(B) of this
title shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken
by the employer and all such tips unlawfully kept by
the employer, and in an additional equal amount as liquidated damages.’’ after second sentence and struck
out ‘‘either of’’ after ‘‘liability prescribed in’’.

Page 100

Subsec. (c). Pub. L. 115–141, § 1201(b)(2), inserted at end
‘‘The authority and requirements described in this subsection shall apply with respect to a violation of section 203(m)(2)(B) of this title, as appropriate, and the
employer shall be liable for the amount of the sum of
any tip credit taken by the employer and all such tips
unlawfully kept by the employer, and an additional
equal amount as liquidated damages.’’
Subsec. (e)(2). Pub. L. 115–141, § 1201(b)(3), inserted at
end ‘‘Any person who violates section 203(m)(2)(B) of
this title shall be subject to a civil penalty not to exceed $1,100 for each such violation, as the Secretary determines appropriate, in addition to being liable to the
employee or employees affected for all tips unlawfully
kept, and an additional equal amount as liquidated
damages, as described in subsection (b).’’
2008—Subsec. (e). Pub. L. 110–233 amended subsec. (e)
generally. Prior to amendment, subsec. (e) related to
civil penalties for child labor violations.
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, § 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, § 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, § 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, § 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) 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

Page 101

§ 216

TITLE 29—LABOR

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), 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, § 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 2008 AMENDMENT
Pub. L. 110–233, title III, § 302(b), May 21, 2008, 122
Stat. 922, provided that: ‘‘The amendments made by
this section [amending this section] shall take effect on
the date of the enactment of this Act [May 21, 2008].’’
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
Act May 14, 1947, ch. 52, § 5(b), 61 Stat. 87, 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].’’

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, § 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, §§ 1, 2, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5.
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, § 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, § 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-TOPORTAL ACT OF 1947
Act Oct. 26, 1949, ch. 736, § 16(b), 63 Stat. 920, provided
that: ‘‘Except as provided in section 3(o) [29 U.S.C.
203(o)] and in the last sentence of section 16(c) of the
Fair Labor Standards Act of 1938, as amended [29 U.S.C.
216(c)], 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
Act Oct. 26, 1949, ch. 736, § 16(d), 63 Stat. 920, provided
that actions based upon acts or omissions occurring

§ 216a

TITLE 29—LABOR

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.

§ 216a. Repealed. Oct. 26, 1949, ch. 736, § 16(f), 63
Stat. 920
Section, act July 20, 1949, ch. 352, § 2, 63 Stat. 446, related to liability for overtime work performed prior to
July 20, 1949. See section 216b of this title.

§ 216b. Liability for overtime work performed
prior to July 20, 1949
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.
(Oct. 26, 1949, ch. 736, § 16(e), 63 Stat. 920.)
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.

§ 217. Injunction proceedings
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).
(June 25, 1938, ch. 676, § 17, 52 Stat. 1069; Oct. 26,
1949, ch. 736, § 15, 63 Stat. 919; Pub. L. 85–231,
§ 1(3), Aug. 30, 1957, 71 Stat. 514; Pub. L. 86–624,
§ 21(c), July 12, 1960, 74 Stat. 417; Pub. L. 87–30,
§ 12(b), May 5, 1961, 75 Stat. 74.)
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

Page 102

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.
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,
§ 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.

§ 218. Relation to other laws
(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—

Page 103

§ 218c

TITLE 29—LABOR

(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.
(June 25, 1938, ch. 676, § 18, 52 Stat. 1069; Pub. L.
89–601, title III, § 306, Sept. 23, 1966, 80 Stat. 841;
Pub. L. 90–83, § 8, Sept. 11, 1967, 81 Stat. 222.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec.
(b), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
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.

§ 218a. Repealed. Pub. L. 114–74, title VI, § 604,
Nov. 2, 2015, 129 Stat. 599
Section, act June 25, 1938, ch. 676, § 18A, as added Pub.
L. 111–148, title I, § 1511, Mar. 23, 2010, 124 Stat. 252, related to automatic enrollment for employees of large
employers.

§ 218b. Notice to employees
(a) In general
In accordance with regulations promulgated
by the Secretary, an employer to which this
chapter applies, shall provide to each employee
at the time of hiring (or with respect to current
employees, not later than March 1, 2013), written
notice—
(1) informing the employee of the existence
of an Exchange, including a description of the
services provided by such Exchange, and the
manner in which the employee may contact
the Exchange to request assistance;
(2) if the employer plan’s share of the total
allowed costs of benefits provided under the

plan is less than 60 percent of such costs, that
the employee may be eligible for a premium
tax credit under section 36B of title 26 and a
cost sharing reduction under section 18071 of
title 42 if the employee purchases a qualified
health plan through the Exchange; and
(3) if the employee purchases a qualified
health plan through the Exchange, the employee may lose the employer contribution (if
any) to any health benefits plan offered by the
employer and that all or a portion of such contribution may be excludable from income for
Federal income tax purposes.
(b) Effective date
Subsection (a) shall take effect with respect to
employers in a State beginning on March 1, 2013.
(June 25, 1938, ch. 676, § 18B, as added and amended Pub. L. 111–148, title I, § 1512, title X,
§ 10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914; Pub.
L. 112–10, div. B, title VIII, § 1858(c), Apr. 15, 2011,
125 Stat. 169.)
AMENDMENTS
2011—Subsec. (a)(3). Pub. L. 112–10 struck out ‘‘and
the employer does not offer a free choice voucher’’
after ‘‘Exchange’’.
2010—Subsec. (a)(3). Pub. L. 111–148, § 10108(i)(2), inserted ‘‘and the employer does not offer a free choice
voucher’’ after ‘‘Exchange’’ and substituted ‘‘may lose’’
for ‘‘will lose’’.
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–10 effective as if included
in the provisions of, and the amendments made by, the
provisions of Pub. L. 111–148 to which it relates, see section 1858(d) of Pub. L. 112–10, set out as a note under
section 36B of Title 26, Internal Revenue Code.

§ 218c. Protections for employees
(a) Prohibition
No employer shall discharge or in any manner
discriminate against any employee with respect
to his or her compensation, terms, conditions, or
other privileges of employment because the employee (or an individual acting at the request of
the employee) has—
(1) received a credit under section 36B of
title 26 or a subsidy under section 18071 of title
42; 1
(2) provided, caused to be provided, or is
about to provide or cause to be provided to the
employer, the Federal Government, or the attorney general of a State information relating
to any violation of, or any act or omission the
employee reasonably believes to be a violation
of, any provision of this title 1 (or an amendment made by this title); 1
(3) testified or is about to testify in a proceeding concerning such violation;
(4) assisted or participated, or is about to assist or participate, in such a proceeding; or
(5) objected to, or refused to participate in,
any activity, policy, practice, or assigned task
that the employee (or other such person) reasonably believed to be in violation of any provision of this title 1 (or amendment), or any
order, rule, regulation, standard, or ban under
this title 1 (or amendment).
1 See

References in Text note below.

§ 219

TITLE 29—LABOR

(b) Complaint procedure
(1) In general
An employee who believes that he or she has
been discharged or otherwise discriminated
against by any employer in violation of this
section may seek relief in accordance with the
procedures, notifications, burdens of proof,
remedies, and statutes of limitation set forth
in section 2087(b) of title 15.
(2) No limitation on rights
Nothing in this section shall be deemed to
diminish the rights, privileges, or remedies of
any employee under any Federal or State law
or under any collective bargaining agreement.
The rights and remedies in this section may
not be waived by any agreement, policy, form,
or condition of employment.
(June 25, 1938, ch. 676, § 18C, as added Pub. L.
111–148, title I, § 1558, Mar. 23, 2010, 124 Stat. 261.)
REFERENCES IN TEXT
Section 18071 of title 42, referred to in subsec. (a)(1),
was in the original ‘‘section 1402 of this Act’’, and was
translated as meaning section 1402 of the Patient Protection and Affordable Care Act, which is classified to
section 18071 of title 42, to reflect the probable intent
of Congress.
This title, referred to in subsec. (a)(2), (5), probably
means title I of Pub. L. 111–148, Mar. 23, 2011, 124 Stat.
130. For complete classification of title I to the Code,
see Tables.
Section 2087(b) of title 15, referred to in subsec. (b)(1),
was in the original ‘‘section 2807(b) of title 15’’, and
probably should have read ‘‘section 40(b) of the Consumer Product Safety Act’’, which is classified to section 2087(b) of Title 15, Commerce and Trade.

§ 219. Separability
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.
(June 25, 1938, ch. 676, § 19, 52 Stat. 1069.)
CHAPTER 9—PORTAL-TO-PORTAL PAY
Sec.

251.
252.

253.
254.

255.
256.
257.
258.
259.
260.
261.
262.

Congressional findings and declaration of policy.
Relief from certain existing claims under the
Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the BaconDavis Act.
Compromise and waiver.
Relief from liability and punishment under
the Fair Labor Standards Act of 1938, the
Walsh-Healey Act, and the Bacon-Davis Act
for failure to pay minimum wage or overtime compensation.
Statute of limitations.
Determination of commencement of future
actions.
Pending collective and representative actions.
Reliance on past administrative rulings, etc.
Reliance in future on administrative rulings,
etc.
Liquidated damages.
Applicability of ‘‘area of production’’ regulations.
Definitions.

Page 104

§ 251. Congressional findings and declaration of
policy
(a) The Congress finds that the Fair Labor
Standards Act of 1938, as amended [29 U.S.C. 201
et seq.], has been interpreted judicially in disregard of long-established customs, practices,
and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers with the results that, if
said Act as so interpreted or claims arising
under such interpretations were permitted to
stand, (1) the payment of such liabilities would
bring about financial ruin of many employers
and seriously impair the capital resources of
many others, thereby resulting in the reduction
of industrial operations, halting of expansion
and development, curtailing employment, and
the earning power of employees; (2) the credit of
many employers would be seriously impaired; (3)
there would be created both an extended and
continuous uncertainty on the part of industry,
both employer and employee, as to the financial
condition of productive establishments and a
gross inequality of competitive conditions between employers and between industries; (4) employees would receive windfall payments, including liquidated damages, of sums for activities performed by them without any expectation
of reward beyond that included in their agreed
rates of pay; (5) there would occur the promotion of increasing demands for payment to
employees for engaging in activities no compensation for which had been contemplated by
either the employer or employee at the time
they were engaged in; (6) voluntary collective
bargaining would be interfered with and industrial disputes between employees and employers
and between employees and employees would be
created; (7) the courts of the country would be
burdened with excessive and needless litigation
and champertous practices would be encouraged;
(8) the Public Treasury would be deprived of
large sums of revenues and public finances
would be seriously deranged by claims against
the Public Treasury for refunds of taxes already
paid; (9) the cost to the Government of goods
and services heretofore and hereafter purchased
by its various departments and agencies would
be unreasonably increased and the Public Treasury would be seriously affected by consequent
increased cost of war contracts; and (10) serious
and adverse effects upon the revenues of Federal, State, and local governments would occur.
The Congress further finds that all of the foregoing constitutes a substantial burden on commerce and a substantial obstruction to the free
flow of goods in commerce.
The Congress, therefore, further finds and declares that it is in the national public interest
and for the general welfare, essential to national
defense, and necessary to aid, protect, and foster
commerce, that this chapter be enacted.
The Congress further finds that the varying
and extended periods of time for which, under
the laws of the several States, potential retroactive liability may be imposed upon employers,
have given and will give rise to great difficulties
in the sound and orderly conduct of business and
industry.