29 Usc 206

Page 61

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TITLE 29—LABOR
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1949, ch. 782, cited as a credit to this section, were repealed (subject to a savings clause) by Pub.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
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’’
Section 6 of act Aug. 12, 1955, provided that: ‘‘The
term ‘Secretary’ as used in this Act and in amendments
made by this Act [amending this section and sections
205, 206, 208, and 210 of this title] means the Secretary
of Labor.’’

§ 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
(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 pre-

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TITLE 29—LABOR

scribed 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) of this section applies) who in any
workweek is engaged in commerce or in the production of goods for commerce, or is employed
in an enterprise engaged in commerce or in the
production of goods for commerce, and who in
such workweek is brought within the purview of
this section by the amendments made to this
chapter by the Fair Labor Standards Amendments of 1966, title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or the Fair
Labor Standards Amendments of 1974, wages at
the following rate: Effective after December 31,
1977, not less than the minimum wage rate in effect under subsection (a)(1) of this section.
(c) Repealed. Pub. L. 104–188, [title II], § 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

Page 62

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)
of this section, except that if more than 50 per
centum of the gross annual dollar volume of
sales made or business done by such establishment is derived from providing such linen supply services under any such contracts or subcontracts, such employer shall pay to each of
his employees in such establishment wages at
rates not less than those prescribed in subsection (a)(1) of this section.
(f) Employees in domestic service
Any employee—
(1) who in any workweek is employed in domestic service in a household shall be paid
wages at a rate not less than the wage rate in
effect under subsection (b) of this section unless such employee’s compensation for such
service would not because of section 209(a)(6)
of the Social Security Act [42 U.S.C. 409(a)(6)]
constitute wages for the purposes of title II of
such Act [42 U.S.C. 401 et seq.], or
(2) who in any workweek—
(A) is employed in domestic service in one
or more households, and
(B) is so employed for more than 8 hours in
the aggregate,
shall be paid wages for such employment in such
workweek at a rate not less than the wage rate
in effect under subsection (b) of this section.
(g) Newly hired employees who are less than 20
years old
(1) In lieu of the rate prescribed by subsection
(a)(1) of this section, any employer may pay any
employee of such employer, during the first 90
consecutive calendar days after such employee
is initially employed by such employer, a wage
which is not less than $4.25 an hour.
(2) No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in paragraph (1).

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TITLE 29—LABOR

(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.
(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
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.)
REFERENCES IN TEXT
The Fair Labor Standards Amendments of 1966, referred to in subsec. (b), is Pub. L. 89–601, Sept. 23, 1966,
80 Stat. 830. For complete classification of this Act to
the Code, see Short Title of 1966 Amendment note set
out under section 201 of this title and Tables.
The Education Amendments of 1972, referred to in
subsec. (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235.
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
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 subsection (b) of this section, not less than the applicable
rate established by the Secretary of Labor in accordance with recommendations of a special industry com-

§ 206

mittee 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
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.

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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) of this section would otherwise apply, the following rates shall apply:
‘‘(A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the
effective date of the Fair Labor Standards Amendments of 1966, increased by 12 per centum, unless such
rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee
appointed under paragraph (C). Such rate or rates
shall become effective sixty days after the effective
date of the Fair Labor Standards Amendments of 1966
or one year from the effective date of the most recent
wage order applicable to such employee therefore issued by the Secretary pursuant to the recommendations of a special industry committee appointed
under section 205 of this title, whichever is later.
‘‘(B) Beginning one year after the applicable effective date under paragraph (A), not less than the rate
or rates prescribed by paragraph (A), increased by an
amount equal to 16 per centum of the rate or rates
applicable under the most recent wage order issued
by the Secretary prior to the effective date of the
Fair Labor Standards Amendments of 1966, unless
such rate or rates are superseded by the rate or rates
prescribed in a wage order issued by the Secretary

Page 64

pursuant to the recommendations of a review committee appointed under paragraph (C).
‘‘(C) Any employer, or group of employers, employing a majority of the employees in an industry in
Puerto Rico or the Virgin Islands, may apply to the
Secretary in writing for the appointment of a review
committee to recommend the minimum rate or rates
to be paid such employees in lieu of the rate or rates
provided by paragraph (A) or (B). Any such application with respect to any rate or rates provided for
under paragraph (A) shall be filed within sixty days
following the enactment of the Fair Labor Standards
Amendments of 1966 and any such application with
respect to any rate or rates provided for under paragraph (B) shall be filed not more than one hundred
and twenty days and not less than sixty days prior to
the effective date of the applicable rate or rates
under paragraph (B). The Secretary shall promptly
consider such application and may appoint a review
committee if he has reasonable cause to believe, on
the basis of financial and other information contained in the application, that compliance with any
applicable rate or rates prescribed by paragraph (A)
or (B) will substantially curtail employment in such
industry. The Secretary’s decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee
appointed under this paragraph shall take effect on
the applicable effective date provided in paragraph
(A) or (B).
‘‘(D) In the event a wage order has not been issued
pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase
provided by any such paragraph shall take effect on
the effective date prescribed therein, except with respect to the employees of an employer who filed an
application under paragraph (C) and who files with
the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his
employees of an amount sufficient to compensate
such employees for the difference between the wages
they actually receive and the wages to which they
are entitled under this subsection. The Secretary
shall be empowered to enforce such undertaking and
any sums recovered by him shall be held on a special
deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected. Any such sum not paid to an employee because of inability to do so within a period of three
years shall be covered into the Treasury of the
United States as miscellaneous receipts.
‘‘(3) In the case of any such employee to whom subsection (a)(5) or subsection (b) of this section would
otherwise apply, the Secretary shall within sixty days
after the effective date of the Fair Labor Standards
Amendments of 1966 appoint a special industry committee in accordance with section 205 of this title to recommend the highest minimum wage rate or rates in accordance with the standards prescribed by section 208
of this title, but not in excess of the applicable rate
provided by subsection (a)(5) or subsection (b) of this
section, to be applicable to such employee in lieu of the
rate or rates prescribed by subsection (a)(5) or subsection (b) of this section, as the case may be. The rate
or rates recommended by the special industry committee shall be effective with respect to such employee
upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days
after the effective date of the Fair Labor Standards
Amendments of 1966.
‘‘(4) The provisions of sections 205 and 208 of this
title, relating to special industry committees, shall be
applicable to review committees appointed under this
subsection. The appointment of a review committee
shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to
the provisions of subsection (a) of section 208 of this
title, except that no special industry committee shall
hold any hearing within one year after a minimum

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wage rate or rates for such industry shall have been
recommended to the Secretary by a review committee
to be paid in lieu of the rate or rates provided for under
paragraph (A) or (B). The minimum wage rate or rates
prescribed by this subsection shall be in effect only for
so long as and insofar as such minimum wage rate or
rates have not been superseded by a wage order fixing
a higher minimum wage rate or rates (but not in excess
of the applicable rate prescribed in subsection (a) or
subsection (b) of this section) hereafter issued by the
Secretary pursuant to the recommendation of a special
industry committee.’’
Subsec. (f). Pub. L. 93–259, § 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) of this section’’ 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).
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 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.
Section 5(b) of Pub. L. 93–259 provided that the
amendment made by that section is effective Apr. 8,
1974.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89–601 effective Feb. 1, 1967,
except as otherwise provided, see section 602 of Pub. L.
89–601, set out as a note under section 203 of this title.
EFFECTIVE DATE OF 1963 AMENDMENT
Section 4 of Pub. L. 88–38 provided that: ‘‘The amendments made by this Act [amending this section and enacting provisions set out below] shall take effect upon
the expiration of one year from the date of its enactment [June 10, 1963]: Provided, That in the case of employees covered by a bona fide collective bargaining
agreement in effect at least thirty days prior to the
date of enactment of this Act [June 10, 1963], entered
into by a labor organization as defined in section 6(d)(4)
of the Fair Labor Standards Act of 1938, as amended
[subsec. (d)(4) of this section], the amendments made
by this Act shall take effect upon the termination of
such collective bargaining agreement or upon the expiration of two years from the date of enactment of this
Act [June 10, 1963], whichever shall first occur.’’
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961,
except as otherwise provided, see section 14 of Pub. L.
87–30, set out as a note under section 203 of this title.
EFFECTIVE DATE OF 1955 AMENDMENT
Section 3 of act Aug. 12, 1955, provided that the
amendment made by that section is effective Mar. 1,
1956.
EFFECTIVE DATE OF 1949 AMENDMENT
Amendment by act Oct. 26, 1949, effective ninety days
after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949,
set out as a note under section 202 of this title.
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

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TITLE 29—LABOR

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, 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 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 under section 697 of title
29, Code of Federal Regulations, on the date of enactment of this Act;
‘‘(B) increased by $0.50 an hour, beginning on the
60th day after the date of enactment of this Act;
and
‘‘(C) 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 American Samoa under this paragraph
is equal to the minimum wage set forth in such section, except that there shall be no such increase in
2010 or 2011 and, beginning in 2012 and each year
thereafter, such increase shall occur on September
30.’’
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, provided that:
‘‘(a) REPORT.—The Government Accountability Office
shall assess the impact of minimum wage increases

Page 66

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 September
1, 2011, shall transmit to Congress a report of its findings. The Government Accountability Office shall submit subsequent reports not later than April 1, 2013, and
every 2 years thereafter until the minimum wage in the
respective territory meets the federal minimum wage.
‘‘(b) ECONOMIC INFORMATION.—To provide sufficient
economic data for the conduct of the study 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.’’
[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
‘‘(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

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TITLE 29—LABOR

under this section, the proportion of employee hours
of employment to the total hours of employment of
all employees in such establishment may not exceed
a proportion equal to one-fourth of the total hours of
employment of all employees in such establishment.
‘‘(2) DISPLACEMENT.—
‘‘(A) PROHIBITION.—No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or
employment benefits) for purposes of hiring individuals at the wage authorized in subsection (a).
‘‘(B) DISQUALIFICATION.—If the Secretary determines that an employer has taken an action in violation of subparagraph (A), the Secretary shall
issue an order disqualifying such employer from
employing any individual at such wage.
‘‘(e) NOTICE.—Each employer shall provide to any eligible employee who is to be paid the wage authorized
by subsection (a) a written notice before the employee
begins employment stating the requirements of this
section and the remedies provided by subsection (f) for
violations of this section. The Secretary shall provide
to employers the text of the notice to be provided
under this subsection.
‘‘(f) ENFORCEMENT.—Any employer who violates this
section shall be considered to have violated section
15(a)(3) of the Fair Labor Standards Act of 1938 (29
U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29
U.S.C. 216 and 217) shall apply with respect to the violation.
‘‘(g) DEFINITIONS.—For purposes of this section:
‘‘(1) ELIGIBLE EMPLOYEE.—
‘‘(A) IN GENERAL.—The term ‘eligible employee’
means with respect to an employer an individual
who—
‘‘(i) is not a migrant agricultural worker or a
seasonal agricultural worker (as defined in paragraphs (8) and (10) of section 3 of the Migrant and
Seasonal Agricultural Worker Protection Act (29
U.S.C. 1802(8) and (10)) without regard to subparagraph (B) of such paragraphs and is not a nonimmigrant described in section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a));
‘‘(ii) has not attained the age of 20 years; and
‘‘(iii) is eligible to be paid the wage authorized
by subsection (a) as determined under subparagraph (B).
‘‘(B) DURATION.—
‘‘(i) An employee shall initially be eligible to be
paid the wage authorized by subsection (a) until
the employee has been employed a cumulative
total of 90 days at such wage.
‘‘(ii) An employee who has been employed by an
employer at the wage authorized by subsection
(a) for the period authorized by clause (i) may be
employed by any other employer for an additional
90 days if the employer meets the requirements of
subsection (h).
‘‘(iii) The total period, as authorized by clauses
(i) and (ii), that an employee may be paid the
wage authorized by subsection (a) may not exceed
180 days.
‘‘(iv) For purposes of this subparagraph, the
term ‘employer’ means with respect to an employee an employer who is required to withhold
payroll taxes for such employee.
‘‘(C) PROOF.—
‘‘(i) IN GENERAL.—An individual is responsible
for providing the requisite proof of previous period or periods of employment with other employers. An employer’s good faith reliance on the
proof presented to the employer by an individual
shall constitute a complete defense to a charge
that the employer has violated subsection (b)(2)
with respect to such individual.
‘‘(ii) REGULATIONS.—The Secretary of Labor
shall issue regulations defining the requisite
proof required of an individual. Such regulations
shall establish minimal requirements for req-

§ 206

uisite 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,
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.

§ 207

TITLE 29—LABOR

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH
REGARD TO 1966 AMENDMENTS
Secretary authorized to promulgate necessary rules,
regulations, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966, with regard to
the amendments made by Pub. L. 89–601, see section 602
of Pub. L. 89–601, set out as a note under section 203 of
this title.
CONGRESSIONAL FINDING AND DECLARATION OF POLICY
Section 2 of Pub. L. 88–38 provided that:
‘‘(a) The Congress hereby finds that the existence in
industries engaged in commerce or in the production of
goods for commerce of wage differentials based on sex—
‘‘(1) depresses wages and living standards for employees necessary for their health and efficiency;
‘‘(2) prevents the maximum utilization of the available labor resources;
‘‘(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
‘‘(4) burdens commerce and the free flow of goods in
commerce; and
‘‘(5) constitutes an unfair method of competition.
‘‘(b) It is hereby declared to be the policy of this Act
[amending this section, and enacting provisions set out
as notes under this section], through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the
conditions above referred to in such industries.’’
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 commerce or in the production of goods for commerce, or is employed in an enterprise engaged
in commerce or in the production of goods for
commerce, and who in such workweek is
brought within the purview of this subsection by
the amendments made to this chapter by the
Fair Labor Standards Amendments of 1966—
(A) for a workweek longer than forty-four
hours during the first year from the effective
date of the Fair Labor Standards Amendments
of 1966,
(B) for a workweek longer than forty-two
hours during the second year from such date,
or
(C) for a workweek longer than forty hours
after the expiration of the second year from
such date,
unless such employee receives compensation for
his employment in excess of the hours above
specified at a rate not less than one and one-half
times the regular rate at which he is employed.

Page 68

(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise
engaged in distribution of petroleum products
No employer shall be deemed to have violated
subsection (a) of this section by employing any
employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed
therein if such employee is so employed—
(1) in pursuance of an agreement, made as a
result of collective bargaining by representatives of employees certified as bona fide by the
National Labor Relations Board, which provides that no employee shall be employed
more than one thousand and forty hours during any period of twenty-six consecutive
weeks; or
(2) in pursuance of an agreement, made as a
result of collective bargaining by representatives of employees certified as bona fide by the
National Labor Relations Board, which provides that during a specified period of 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) of this section or two thousand
and eighty in such period at rates not less
than one and one-half times the regular rate
at which he is employed; or
(3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk
distribution of petroleum products if—
(A) the annual gross volume of sales of
such enterprise is less than $1,000,000 exclusive of excise taxes,
(B) more than 75 per centum of such enterprise’s annual dollar volume of sales is made
within the State in which such enterprise is
located, and
(C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the
bulk distribution of such products for resale,
and such employee receives compensation for
employment in excess of forty hours in any
workweek at a rate not less than one and 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.