Code: Title 29, Chapter 8 The Fair Labor Standards Act of 1938, as

29 USC § 201-219

Includes excerpts from 61 Stat. 84

(Pertinent Provisions Affecting the Fair Labor Standards Act from the Portal- To-Portal Act of 1947)

U.S. Department of Labor

Wage and Hour Division

WH1318

REV 01/20

Code: Title 29, Chapter 8

The Fair Labor Standards Act

of 1938, as Amended

Disclaimer

The Department of Labor provides this information as a public service. This

publication contains general information only, and does not carry the force of law

or legal opinion. The United States Code, the Federal Register, and the Code of

Federal Regulations remain the ocial sources for current statutory and regulatory

information. The current version of the United States Code may be found online at

uscode.house.gov

Material contained in this publication is in the public domain and may be

reproduced in full or in part without permission from the federal government.

Source credit is requested but not required.

Contact the Wage and Hour Division:

Toll-free help line: 1-866-487-9243 (1-866-4-USWAGE)

www.dol.gov/agencies/whd

29 USC Ch. 8: FAIR LABOR STANDARDS

From Title 29—LABOR

CHAPTER 8—FAIR LABOR STANDARDS

Sections

§201. Short title 2

§202. Congressional nding and declaration of policy 2

§203. Denitions 2

§204. Administration 9

§205. Repealed.

§206. Minimum wage 11

§207. Maximum hours 14

§208. Repealed

§209. Attendance of witnesses 25

§210. Court review of wage orders in Puerto Rico and the Virgin Islands 25

§211. Collection of data 26

§212. Child labor provisions 27

§213. Exemptions 28

§214. Employment under special certicates 41

§215. Prohibited acts; prima facie evidence 46

§216. Penalties 47

§216a. Repealed.

§216b. Liability for overtime work performed prior to July 20, 1949 50

§217. Injunction proceedings 50

§218. Relation to other laws 51

§218a. Repealed.

§218b. Notice to employees 51

§218c. Protections for employees 52

§219. Separability 53

Pertinent Provisions Aecting the Fair Labor Standards Act

from the Portal- To-Portal Act of 1947 (61 Stat. 84) 55

The Fair Labor Standards Act of 1938, as amended

29 U.S.C. 201, et seq.

To provide for the establishment of fair labor standards in employments in and aecting interstate commerce,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled, That this Act may be cited as the “Fair Labor Standards Act of 1938”.

§201. Short title

This chapter may be cited as the “Fair Labor Standards Act of 1938”.

§202. Congressional nding and declaration of policy

(a) The Congress nds 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, eciency,

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 ow 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

ow of goods in commerce; and

(5) interferes with the orderly and fair marketing of goods in commerce. That

Congress further nds that the employment of persons in domestic service in

households aects 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.

§203. Denitions

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.

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 ocer 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 dened in section 102 of

title 5),

(ii) in any executive agency (as dened in section 105 of such title),

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

positions in the competitive service,

(iv) in a nonappropriated fund instrumentality under the jurisdiction of

the Armed Forces,

(v) in the Library of Congress, or

(vi) the Government Publishing Oce;

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

Regulatory Commission; and

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 oce of that State, political subdivision,

or agency,

(II) is selected by the holder of such an oce to be a member of his

personal sta,

(III) is appointed by such an oceholder to serve on a policymaking

level,

(IV) is an immediate adviser to such an oceholder with respect to

the constitutional or legal powers of his oce, or

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

that State, political subdivision, or agency and is not employed

by the legislative library of such State, political subdivision, or

agency.

(3) For purposes of subsection (u) of this section, such term does not include any

individual employed by an employer engaged in agriculture if such individual

is the parent, spouse, child, or other member of the employer’s immediate

family.

(4) (A) The term “employee” does not include any individual who volunteers to

perform services for a public agency which is a State, a political subdivision of

a State, or an interstate governmental agency, if—

(i) the individual receives no compensation or is paid expenses,

reasonable benets, 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-prot 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 dened as agricultural commodities in section 1141j(g) of title 12),

the raising of livestock, bees, fur-bearing animals, or poultry, and any practices

(including any forestry or lumbering operations) performed by a farmer or on a

farm as an incident to or in conjunction with such farming operations, including

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

transportation to market.

(g) “Employ” includes to suer 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

§203(e)(2)

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 nd 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 le an unexpired certicate 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 conned 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 Administrator, to the employer of furnishing such employee with

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

are customarily furnished by such employer to his employees: Provided,

That the cost of board, lodging, or other facilities shall not be included as a

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

under the terms of a bona de 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

dened classes of employees and in dened areas, based on average cost to

the employer or to groups of employers similarly situated, or average value

§203(m)(1)

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 dierence between the wage

specied in clause (i) and the wage in eect 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 de 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 de

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 unied

operation or common control) by any person or persons for a common

business purpose, and includes all such activities whether performed in one

or more establishments or by one or more corporate or other organizational

§203(m)(1)

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 specied 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

name of a manufacturer, distributor, or advertiser within a specied 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 prot

or not for prot), 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 prot or not for prot), or

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

§203(s)(1)

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

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

the retail level that are separately stated);

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

in the care of the sick, the aged, or the mentally ill or defective who reside

on the premises of such institution, a school for mentally or physically

handicapped or gifted children, a preschool, elementary or secondary

school, or an institution of higher education (regardless of whether or

not such hospital, institution, or school is public or private or operated for

prot or not for prot); or

(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 re protection activities” means an employee, including a reghter,

paramedic, emergency medical technician, rescue worker, ambulance personnel,

or hazardous materials worker, who—

(1) is trained in re suppression, has the legal authority and responsibility to engage

in re suppression, and is employed by a re department of a municipality,

county, re district, or State; and

(2) is engaged in the prevention, control, and extinguishment of res or response

to emergency situations where life, property, or the environment is at risk.

§203(s)(1)

§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, classication, and promotion of employees by

Administrator

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

he deems necessary to carry out his functions and duties under this chapter and shall

x their compensation in accordance with chapter 51 and subchapter III of chapter

53 of title 5. The Administrator may establish and utilize such regional, local, or other

agencies, and utilize such voluntary and uncompensated services, as may from time

to time be needed. Attorneys appointed under this section may appear for and

represent the Administrator in any litigation, but all such litigation shall be subject

to the direction and control of the Attorney General. In the appointment, selection,

classication, and promotion of ocers and employees of the Administrator, no

political test or qualication shall be permitted or given consideration, but all such

appointments and promotions shall be given and made on the basis of merit and

eciency.

The principal oce 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 nd 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 certicates

issued under section 214(b) of this title.

(2) The Secretary shall conduct studies on the justication 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

§204(d)(2)

subsection (g) of such section and the economic eects of the application of

such exemptions to such employees. The Secretary shall submit a report of

his ndings 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 rst report

of the results of such study shall be transmitted to the Congress not later than

one year after the eective 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 eective date. Each such report shall include

suggestions respecting the Secretary’s authority under section 214 of this title.

(e) Study of eects 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 ndings 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 Oce 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 Oce 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 aect 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.

§205. Repealed.

§204(d)(2)

§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

(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 eect, 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 dene 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 dened; 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 dene 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 ocer, performing work or

standing by, but not including o-duty periods which are provided pursuant

to the employment agreement); or

§206(a)(3)

(4) if such employee is employed in agriculture, not less than the minimum wage

rate in eect 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: Eective after December 31, 1977,

not less than the minimum wage rate in eect under subsection (a)(1) of this section.

(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, eort, 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 dierential based on any other factor other than sex: Provided,

That an employer who is paying a wage rate dierential 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.

§206(a)(4)

(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 [41U.S.C. 351-357, Service Contract Act

of 1965] 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 [41U.S.C. 351-

357, Service Contract Act of 1965], 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 eect 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.],

(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 eect under subsection (b) of this section.

§206(f)(2)

(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 rst 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 eect 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 benets) 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.

§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 specied 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 rst year from the

eective date of the Fair Labor Standards Amendments of 1966,

§206(g)(1)

(B) for a workweek longer than forty-two hours during the second year from

such date, or

year from such date,

unless such employee receives compensation for his employment in excess of

the hours above specied at a rate not less than one and one-half times the

regular rate at which he is employed.

(b) Employment pursuant to collective bargaining agreement; employment by

independently owned and controlled local enterprise engaged in distribution

of petroleum products

No employer shall be deemed to have violated subsection (a) of this section by

employing any employee for a workweek in excess of that specied 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 certied as bona de 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 certied as bona de by the National Labor

Relations Board, which provides that during a specied period of fty-two

consecutive weeks the employee shall be employed not more than two

thousand two hundred and forty hours and shall be guaranteed not less than

one thousand eight hundred and forty-hours (or not less than forty-six weeks

at the normal number of hours worked per week, but not less than thirty hours

per week) and not more than two thousand and eighty hours of employment

for which he shall receive compensation for all hours guaranteed or worked

at rates not less than those applicable under the agreement to the work

performed and for all hours in excess of the guaranty which are also in excess

of the maximum workweek applicable to such employee under subsection (a)

of this section or two thousand and eighty in such period at rates not less than

one and one-half times the regular rate at which he is employed; or

(3) by an independently owned and controlled local enterprise (including an

enterprise with more than one bulk storage establishment) engaged in the

wholesale or bulk distribution of petroleum products if—

(A) the annual gross volume of sales of such enterprise is less than $1,000,000

exclusive of excise taxes,

(B) more than 75 per centum of such enterprise’s annual dollar volume of

sales is made within the State in which such enterprise is located, and

§207(b)(3)

enterprise is to customers who are engaged in the bulk distribution of

such products for resale,

and such employee receives compensation for employment in excess of forty

hours in any workweek at a rate not less than one and one-half times the

minimum wage rate applicable to him under section 206 of this title,

and if such employee receives compensation for employment in excess of twelve

hours in any workday, or for employment in excess of fty-six hours in any workweek,

as the case may be, at a rate not less than one and one-half times the regular rate at

which he is employed.

(c), (d) Repealed. Pub. L. 93–259, §19(e), Apr. 8, 1974, 88 Stat. 66

(e) “Regular rate” dened

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 eciency;

(2) payments made for occasional periods when no work is performed due to

vacation, holiday, illness, failure of the employer to provide sucient 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 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 de prot-sharing plan or trust or bona de 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 eciency; or (c)

the payments are talent fees (as such talent fees are dened and delimited by

regulations of the Administrator) paid to performers, including announcers,

on radio and television programs;

(4) contributions irrevocably made by an employer to a trustee or third person

pursuant to a bona de plan for providing old-age, retirement, life, accident,

or health insurance or similar benets for employees;

§207(b)(3)

(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) of this section or in excess

of the employee’s normal working hours or regular working hours, as the case

may be;

(6) extra compensation provided by a premium rate paid for work by the employee

on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or

seventh day of the workweek, where such premium rate is not less than one

and one-half times the rate established in good faith for like work performed

in nonovertime hours on other days;

(7) extra compensation provided by a premium rate paid to the employee, in

pursuance of an applicable employment contract or collective-bargaining

agreement, for work outside of the hours established in good faith by the

contract or agreement as the basic, normal, or regular workday (not exceeding

eight hours) or workweek (not exceeding the maximum workweek applicable

to such employee under subsection (a) of this section, 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 de 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;

(D) any determinations regarding the award of, and the amount of, employer-

provided grants or rights that are based on performance are—

(i) made based upon meeting previously established performance

criteria (which may include hours of work, eciency, 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

§207(e)(8)

(ii) made based upon the past performance (which may include any

criteria) of one or more employees in a given period so long as the

determination is in the sole discretion of the employer and not

pursuant to any prior contract.

(f) Employment necessitating irregular hours of work

No employer shall be deemed to have violated subsection (a) of this section by

employing any employee for a workweek in excess of the maximum workweek

applicable to such employee under subsection (a) of this section if such employee is

employed pursuant to a bona de 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) species 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 specied.

(g) Employment at piece rates

No employer shall be deemed to have violated subsection (a) of this section by

employing any employee for a workweek in excess of the maximum workweek

applicable to such employee under such subsection if, pursuant to an agreement

or understanding arrived at between the employer and the employee before

performance of the work, the amount paid to the employee for the number of hours

worked by him in such workweek in excess of the maximum workweek applicable to

such employee under such subsection—

(1) in the case of an employee employed at piece rates, is computed at piece rates

not less than one and one-half times the bona de 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

dierent hourly or piece rates have been established, is computed at rates not

less than one and one-half times such bona de rates applicable to the same

work when performed during nonovertime hours; or

(3) is computed at a rate not less than one and one-half times the rate established

by such agreement or understanding as the basic rate to be used in computing

overtime compensation thereunder: Provided, That the rate so established

shall be authorized by regulation by the Administrator as being substantially

equivalent to the average hourly earnings of the employee, exclusive of

overtime premiums, in the particular work over a representative period of

time; and if

(i) the employee’s average hourly earnings for the workweek exclusive

of payments described in paragraphs (1) through (7) of subsection

(e) of this section are not less than the minimum hourly rate required

by applicable law, and

§207(e)(8)

(ii) extra overtime compensation is properly computed and paid on

other forms of additional pay required to be included in computing

the regular rate.

(h) Credit toward minimum wage or overtime compensation of amounts excluded

from regular rate

(1) Except as provided in paragraph (2), sums excluded from the regular rate

pursuant to subsection (e) of this section shall not be creditable toward wages

required under section 206 of this title or overtime compensation required

under this section.

(2) Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection

(e) of this section shall be creditable toward overtime compensation payable

pursuant to this section.

(i) Employment by retail or service establishment

No employer shall be deemed to have violated subsection (a) of this section by

employing any employee of a retail or service establishment for a workweek in excess

of the applicable workweek specied 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 de commission rate shall be deemed

commissions on goods or services without regard to whether the computed

commissions exceed the draw or guarantee.

(j) Employment in hospital or establishment engaged in care of sick, aged, or

mentally ill

No employer engaged in the operation of a hospital or an establishment which is an

institution primarily engaged in the care of the sick, the aged, or the mentally ill or

defective who reside on the premises shall be deemed to have violated subsection

(a) of this section if, pursuant to an agreement or understanding arrived at between

the employer and the employee before performance of the work, a work period of

fourteen consecutive days is accepted in lieu of the workweek of seven consecutive

days for purposes of overtime computation and if, for his employment in excess of

eight hours in any workday and in excess of eighty hours in such fourteen-day period,

the employee receives compensation at a rate not less than one and one-half times

the regular rate at which he is employed.

(k) Employment by public agency engaged in re protection or law enforcement

activities

No public agency shall be deemed to have violated subsection (a) of this section

with respect to the employment of any employee in re protection activities or any

§207(k)

employee in law enforcement activities (including security personnel in correctional

institutions) if—

(1) in a work period of 28 consecutive days the employee receives for tours of duty

which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average

number of hours (as determined by the Secretary pursuant to section 6(c)(3) of

the Fair Labor Standards Amendments of 1974) in tours of duty of employees

engaged in such activities in work periods of 28 consecutive days in calendar

year 1975; or

(2) in the case of such an employee to whom a work period of at least 7 but less

than 28 days applies, in his work period the employee receives for tours of

duty which in the aggregate exceed a number of hours which bears the same

ratio to the number of consecutive days in his work period as 216 hours (or if

lower, the number of hours referred to in clause (B) of paragraph (1)) bears to

28 days,

compensation at a rate not less than one and one-half times the regular rate at which

he is employed.

(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) of this section.

(m) Employment in tobacco industry

For a period or periods of not more than fourteen workweeks in the aggregate in any

calendar year, any employer may employ any employee for a workweek in excess of

that specied in subsection (a) of this section without paying the compensation for

overtime employment prescribed in such subsection, if such employee—

(1) is employed by such employer—

(A) to provide services (including stripping and grading) necessary and

incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14,

21, 22, 23, 24, 31, 35, 36, or 37 (as such types are dened 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 dened by the Secretary of

Agriculture), or

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

dened by the Secretary of Agriculture); and

(2) receives for—

§207(k)

(A) such employment by such employer which is in excess of ten hours in any

workday, and

(B) such employment by such employer which is in excess of forty-eight

hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate

at which he is employed.

An employer who receives an exemption under this subsection shall not be eligible for

any other exemption under this section.

(n) Employment by street, suburban, or interurban electric railway, or local trolley

or motorbus carrier

In the case of an employee of an employer engaged in the business of operating a

street, suburban or interurban electric railway, or local trolley or motorbus carrier

(regardless of whether or not such railway or carrier is public or private or operated

for prot or not for prot), in determining the hours of employment of such an

employee to which the rate prescribed by subsection (a) of this section applies there

shall be excluded the hours such employee was employed in charter activities by

such employer if (1) the employee’s employment in such activities was pursuant to

an agreement or understanding with his employer arrived at before engaging in such

employment, and (2) if employment in such activities is not part of such employee’s

regular employment.

(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 o 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 eect on April 15, 1986, with respect to compensatory time o

for such employees in lieu of the receipt of overtime compensation, shall constitute

§207(o)(2)

an agreement or understanding under such clause (A)(ii). Except as provided in the

previous sentence, the provision of compensatory time o 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 o shall, for additional overtime hours of work, be paid overtime

compensation.

(B) If compensation is paid to an employee for accrued compensatory time

o, 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 o 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 nal regular rate received by such employee,

whichever is higher.

(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 o authorized to be provided under

paragraph (1), and

(B) who has requested the use of such compensatory time,

shall be permitted by the employee’s employer to use such time within a

reasonable period after making the request if the use of the compensatory

time does not unduly disrupt the operations of the public agency.

(6) The hours an employee of a public agency performs court reporting transcript

preparation duties shall not be considered as hours worked for the purposes

of subsection (a) of this section if—

(A) such employee is paid at a per-page rate which is not less than—

(i) the maximum rate established by State law or local ordinance for

the jurisdiction of such public agency,

§207(o)(2)

(ii) the maximum rate otherwise established by a judicial or administrative

ocer and in eect 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 o” mean

hours during which an employee is not working, which are not counted

as hours worked during the applicable workweek or other work period

for purposes of overtime compensation, and for which the employee is

compensated at the employee’s regular rate.

(p) Special detail work for re 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 re 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 re 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 re 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

separate and independent employer.

§207(p)(1)

(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 dierent capacity from any capacity in which

the employee is regularly employed with the public agency, the hours such

employee was employed in performing the dierent 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 specied

in subsection (a) of this section without paying the compensation for overtime

employment prescribed in such subsection, if during such period or periods the

employee is receiving remedial education that is—

(1) provided to employees who lack a high school diploma or educational

attainment at the eighth grade level;

(2) designed to provide reading and other basic skills at an eighth grade level or

below; and

(3) does not include job specic 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.

§207(p)(2)

(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 signicant diculty or expense when

considered in relation to the size, nancial 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.

§208. Repealed

§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.

§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 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 ling in

such court, within 60 days after the entry of such order a written petition praying

that the order of the Secretary be modied 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 le 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 ling of such petition such court

shall have exclusive jurisdiction to arm, 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 ndings 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 aect 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

ndings by reason of the additional evidence so taken, and shall le with the court

§210(a)

such modied or new ndings which if supported by substantial evidence shall be

conclusive, and shall also le its recommendation, if any, for the modication or

setting aside of the original order. The judgment and decree of the court shall be

nal, subject to review by the Supreme Court of the United States upon certiorari

or certication as provided in section 1254 of title 28.

(b) The commencement of proceedings under subsection (a) of this section

shall not, unless specically 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 le in court an undertaking with a surety

or sureties satisfactory to the court for the payment to the employees aected

by the order, in the event such order is armed, 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 eect.

§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 their

employees for services rendered for such purposes.

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

§210(a)

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 eect.

§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.

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.

§212(d)

§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 de 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 dened 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 denition of employee

employed in a bona de 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 establishment, organized camp, or religious or non-prot

educational conference center, if (A) it does not operate for more than seven

months in any calendar year, or (B) during the preceding calendar year, its

average receipts for any six months of such year were not more than 33-

1/3 per centum of its average receipts for the other six months of such year,

except that the exemption from sections 206 and 207 of this title provided

by this paragraph does not apply with respect to any employee of a private

entity engaged in providing services or facilities (other than, in the case of the

exemption from section 206 of this title, a private entity engaged in providing

services and facilities directly related to skiing) in a national park or a national

forest, or on land in the National Wildlife Refuge System, under a contract with

the Secretary of the Interior or the Secretary of Agriculture; or

(4) Repealed. Pub. L. 101–157, §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 sh, shellsh, crustacea, sponges,

seaweeds, or other aquatic forms of animal and vegetable life, or in the rst

processing, canning or packing such marine products at sea as an incident

to, or in conjunction with, such shing operations, including the going to and

returning from work and loading and unloading when performed by any such

employee; or

§213(a)

(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 ve

hundred man-days of agricultural labor,

(B) if such employee is the parent, spouse, child, or other member of his

employer’s immediate family,

(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 certicate of the Secretary issued under section 214 of this title; or

(8) any employee employed in connection with the publication of any weekly,

semiweekly, or daily newspaper with a circulation of less than four thousand

the major part of which circulation is within the county where published or

counties contiguous thereto; or

(9) Repealed. Pub. L. 93–259, §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 fty stations;

§213(a)(10)

(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 inrmity) are unable to care for themselves (as such terms are dened

and delimited by regulations of the Secretary); or

(16) a criminal investigator who is paid availability pay under section 5545a of title

5; or

(17) any employee who is a computer systems analyst, computer programmer,

software engineer, or other similarly skilled worker, whose primary duty is—

(A) the application of systems analysis techniques and procedures, including

consulting with users, to determine hardware, software, or system

functional specications;

(B) the design, development, documentation, analysis, creation, testing, or

modication of computer systems or programs, including prototypes,

based on and related to user or system design specications;

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 dened 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 o 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 qualications and maximum hours of service pursuant to

the provisions of section 31502 of title 49; or

§213(a)(11)

(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 gures as compiled by the Bureau of the Census,

except where such city or town is part of a standard metropolitan statistical

area, as dened and designated by the Oce of Management and Budget,

which has a total population in excess of one hundred thousand, or (B) in a

city or town of twenty-ve 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;

(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 nd that such plan has the general

purpose and eect of reducing hours worked by such employees to, or below,

the maximum workweek applicable to them under section 207(a) of this title;

(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 prot, 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

§213(b)(12)

(13) any employee with respect to his employment in agriculture by a farmer,

notwithstanding other employment of such employee in connection with

livestock auction operations in which such farmer is engaged as an adjunct to

the raising of livestock, either on his own account or in conjunction with other

farmers, if such employee (A) is primarily employed during his workweek in

agriculture by such farmer, and (B) is paid for his employment in connection

with such livestock auction operations at a wage rate not less than that

prescribed by section 206(a)(1) of this title; or

(14) any employee employed within the area of production (as dened 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 ve employees are employed in the

establishment in such operations; or

(15) any employee engaged in the processing of maple sap into sugar (other than

rened 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 rst processing or rst 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 re

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 re 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 nonprot educational

institution to serve as the parents of children—

(A) who are orphans or one of whose natural parents is deceased, or

§213(b)(13)

(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;

(28) any employee employed in planting or tending trees, cruising, surveying, or

felling timber, or in preparing or transporting logs or other forestry products

to the mill, processing plant, railroad, or other transportation terminal, if the

number of employees employed by his employer in such forestry or lumbering

operations does not exceed eight;

(29) any employee of an amusement or recreational establishment located in a

national park or national forest or on land in the National Wildlife Refuge

System if such employee (A) is an employee of a private entity engaged in

providing services or facilities in a national park or national forest, or on land

in the National Wildlife Refuge System, under a contract with the Secretary of

the Interior or the Secretary of Agriculture, and (B) receives compensation for

employment in excess of fty-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

(1) Except as provided in paragraph (2) or (4), the provisions of section 212 of

this title relating to child labor shall not apply to any employee employed in

agriculture outside of school hours for the school district where such employee

is living while he is so employed, if such employee—

(A) is less than twelve years of age and

(i) is employed by his parent, or by a person standing in the place of his

parent, on a farm owned or operated by such parent or person, or

(ii) is employed, with the consent of his parent or person standing in the

place of his parent, on a farm, none of the employees of which are

(because of subsection (a)(6)(A) of this section) required to be paid at

the wage rate prescribed by section 206(a)(5) of this title,

(B) is twelve years or thirteen years of age and (i) such employment is with

the consent of his parent or person standing in the place of his parent,

or (ii) his parent or such person is employed on the same farm as such

employee, or

§213(c)(1)

(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 nds and declares to be particularly hazardous

for the employment of children below the age of sixteen, except where such

employee is employed by his parent or by a person standing in the place of his

parent on a farm owned or operated by such parent or person.

(3) The provisions of section 212 of this title relating to child labor shall not apply

to any child employed as an actor or performer in motion pictures or theatrical

productions, or in radio or television productions.

(4)(A) An employer or group of employers may apply to the Secretary for a

waiver of the application of section 212 of this title to the employment

for not more than eight weeks in any calendar year of individuals who

are less than twelve years of age, but not less than ten years of age, as

hand harvest laborers in an agricultural operation which has been, and is

customarily and generally recognized as being, paid on a piece rate basis

in the region in which such individuals would be employed. The Secretary

may not grant such a waiver unless he nds, 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 eect 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;

§213(c)(1)

(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 certied 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-o

switch incorporating a key-lock or other system and the control of

the system is maintained in the custody of employees who are 18

years of age or older;

(iii) the on-o switch of the scrap paper balers and paper box compactors

is maintained in an o 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);

§213(c)(5)

(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 certied 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 rst 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 eect 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 suered 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.

§213(c)(5)

(v) The Secretary may not rely solely on the reports described in clause

(i) as the basis for making a determination that any of the employers

described in clause (i) has violated a provision of section 212 of

this title relating to oppressive child labor or a regulation or order

issued pursuant to section 212 of this title. The Secretary shall,

prior to making such a determination, conduct an investigation and

inspection in accordance with section 212(b) of this title.

(vi) The reporting requirements of this subparagraph shall expire 2 years

after August 6, 1996.

(6) In the administration and enforcement of the child labor provisions of this

chapter, employees who are under 17 years of age may not drive automobiles

or trucks on public roadways. Employees who are 17 years of age may drive

automobiles or trucks on public roadways only if—

(A) such driving is restricted to daylight hours;

(B) the employee holds a State license valid for the type of driving involved

in the job performed and has no records of any moving violation at the

time of hire;

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

§213(c)(6)

(viii) driving beyond a 30 mile radius from the employee’s place of

employment; and

(G) such driving is only occasional and incidental to the employee’s

employment.

For purposes of subparagraph (G), the term “occasional and incidental” is no more

than one-third of an employee’s worktime in any workday and no more than 20

percent of an employee’s worktime in any workweek.

(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

(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 ying debris

within the workplace by a barrier appropriate to the potential hazard

of such wood particles or ying debris or by maintaining a sucient

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).

§213(c)(6)

(e) Maximum hour requirements and minimum wage employees

The provisions of section 207 of this title shall not apply with respect to employees

for whom the Secretary of Labor is authorized to establish minimum wage rates as

provided in section 206(a)(3) of this title, except with respect to employees for whom

such rates are in eect; 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 nd, after a public hearing on the matter, and

taking into account the factors set forth in section 206(a)(3) of this title, that economic

conditions warrant such action.

(f) Employment in foreign countries and certain United States territories

The provisions of sections 206, 207, 211, and 212 of this title shall not apply with

respect to any employee whose services during the workweek are performed in a

workplace within a foreign country or within territory under the jurisdiction of the

United States other than the following: a State of the United States; the District of

Columbia; Puerto Rico; the Virgin Islands; outer Continental Shelf lands dened in

the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.];

American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston

Island.

(g) Certain employment in retail or service establishments, agriculture

The exemption from section 206 of this title provided by paragraph (6) of subsection

(a) of this section shall not apply with respect to any employee employed by an

establishment

(1) which controls, is controlled by, or is under common control with, another

establishment the activities of which are not related for a common business

purpose to, but materially support the activities of the establishment employing

such employee; and

(2) whose annual gross volume of sales made or business done, when combined

with the annual gross volume of sales made or business done by each

establishment which controls, is controlled by, or is under common control

with, the establishment employing such employee, exceeds $10,000,000

(exclusive of excise taxes at the retail level which are separately stated).

(h) Maximum hour requirement: fourteen workweek limitation

The provisions of section 207 of this title shall not apply for a period or periods of not

more than fourteen workweeks in the aggregate in any calendar year to any employee

who—

(1) is employed by such employer—

(A) exclusively to provide services necessary and incidental to the ginning of

cotton in an establishment primarily engaged in the ginning of cotton;

§213(h)(1)

(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;

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 fty-two consecutive

weeks to any employee who—

(1) is engaged in the ginning of cotton for market in any place of employment

located in a county where cotton is grown in commercial quantities; and

(2) receives for any such employment during such workweeks—

(A) in excess of ten hours in any workday, and

(B) in excess of forty-eight hours in any workweek, compensation at a rate

not less than one and one-half times the regular rate at which he is

employed. No week included in any fty-two week period for purposes of

the preceding sentence may be included for such purposes in any other

fty-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 fty-two consecutive

weeks to any employee who—

§213(h)(1)

(1) is engaged in the processing of sugar beets, sugar beet molasses, or sugar

cane into sugar (other than rened 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 fty-two week period for purposes of

the preceding sentence may be included for such purposes in any other

fty-two week period.

§214. Employment under special certicates

(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 certicates 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 certicate 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 eect under section 206 of this title or not less than

$1.60 an hour, whichever is the higher, of full-time students (regardless of

age but in compliance with applicable child labor laws) in retail or service

establishments.

(B) Except as provided in paragraph (4)(B), during any month in which full-

time students are to be employed in any retail or service establishment

under certicates issued under this subsection the proportion of student

hours of employment to the total hours of employment of all employees

in such establishment may not exceed—

(i) in the case of a retail or service establishment whose employees

(other than employees engaged in commerce or in the production

of goods for commerce) were covered by this chapter before the

eective 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,

§214(b)(1)

(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 certicates under this section at any time before the eective

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 rst time on or after the eective

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 eective 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 certicates issued under this subsection.

(2) The Secretary, to the extent necessary in order to prevent curtailment of

opportunities for employment, shall by special certicate issued under a

regulation or order provide for the employment, at a wage rate not less than

85 per centum of the wage rate in eect under section 206(a)(5) of this title

§214(b)(1)

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 certicate 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 eect 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 certicate 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 certicate under paragraph (1) or (2) for an

employer will cause the number of students employed by such employer

under special certicates issued under this subsection to exceed six, the

Secretary may not issue such a special certicate for the employment of

a student by such employer unless the Secretary nds 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 certicates issued under this subsection. If the issuance of

a special certicate under paragraph (1) or (2) for an employer will not

cause the number of students employed by such employer under special

certicates issued under this subsection to exceed six—

(i) the Secretary may issue a special certicate under paragraph (1)

or (2) for the employment of a student by such employer if such

employer certies 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 certicates 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 certicates for such employer under such

paragraph.

The requirement of this subparagraph shall not apply in the case of the issuance

of special certicates under paragraph (3) for the employment of full-time students

by institutions of higher education; except that if the Secretary determines that an

institution of higher education is employing students under certicates issued under

§214(b)(4)

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 certicates under paragraph (3) for the employment of students

by such institution.

employer for whom the certicate is to be issued provides evidence

satisfactory to the Secretary of the student status of the employees to be

employed under such special certicate.

(D) To minimize paperwork for, and to encourage, small businesses to employ

students under special certicates issued under paragraphs (1) and (2), the

Secretary shall, by regulation or order, prescribe a simplied application

form to be used by employers in applying for such a certicate 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 certication that the employment of such full-time students will

not reduce the full-time employment opportunities of persons other

than persons employed under special certicates.

(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 certicates, of individuals (including individuals employed in

agriculture) whose earning or productive capacity is impaired by age, physical

or mental deciency, 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 certicates are employed,

for essentially the same type, quality, and quantity of work, and

(2) The Secretary shall not issue a certicate 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 reect changes

in the prevailing wage paid to experienced nonhandicapped individuals

employed in the locality for essentially the same type of work.

§214(b)(4)

(3) Notwithstanding paragraph (1), no employer shall be permitted to reduce the

hourly wage rate prescribed by certicate under this subsection in eect on

June 1, 1986, of any handicapped individual for a period of two years from

such date without prior authorization of the Secretary.

(4) Nothing in this subsection shall be construed to prohibit an employer from

maintaining or establishing work activities centers to provide therapeutic

activities for handicapped clients.

(5)(A) Notwithstanding any other provision of this subsection, any employee

receiving a special minimum wage at a rate specied 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 le 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 led with

the Secretary.

(B) Upon receipt of a petition led 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.

demonstrating that the special minimum wage rate is justied as necessary

in order to prevent curtailment of opportunities for employment.

(D) In determining whether any special minimum wage rate is justied

pursuant to subparagraph (C), the administrative law judge shall

consider—

(i) the productivity of the employee or employees identied 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 nal 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

fteen days of the date of issuance of the decision by the administrative

law judge.

§214(c)(5)

(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 nal agency action.

(G) A nal 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 nal agency action described in subparagraph (F).

(d) Employment by schools

The Secretary may by regulation or order provide that sections 206 and 207 of this title

shall not apply with respect to the employment by any elementary or secondary school

of its students if such employment constitutes, as determined under regulations

prescribed by the Secretary, an integral part of the regular education program

provided by such school and such employment is in accordance with applicable child

labor laws.

§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, oer 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, oer, shipment, delivery, or sale of such goods by a purchaser

who acquired them in good faith in reliance on written assurance from the

producer that the goods were produced in compliance with the requirements

of this chapter, and who acquired such goods for value without notice of any

such violation, shall not be deemed unlawful;

(2) to violate any of the provisions of section 206 or section 207 of this title, or

any of the provisions of any regulation or order of the Secretary issued under

section 214 of this title;

(3) to discharge or in any other manner discriminate against any employee

because such employee has led any complaint or instituted or caused to be

instituted any proceeding under or related to this chapter, or has testied or

is about to testify in any such proceeding, or has served or is about to serve on

an industry committee;

§214(c)(5)

(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 eect under the provisions of section 211(d) of

this title, or to make any statement, report, or record led or kept pursuant

to the provisions of such section or of any regulation or order thereunder,

knowing such statement, report, or record to be false in a material respect.

(b) For the purposes of subsection (a)(1) of this section proof that any employee was

employed in any place of employment where goods shipped or sold in commerce

were produced, within ninety days prior to the removal of the goods from such

place of employment, shall be prima facie evidence that such employee was

engaged in the production of such goods.

§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 ne 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 oense committed after the conviction of such

person for a prior oense 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 aected 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 eectuate 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 aected 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 plainti to any such action unless he gives his consent

in writing to become such a party and such consent is led in the court in which

such action is brought. The court in such action shall, in addition to any judgment

awarded to the plainti or plaintis, 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 plainti to any such action, shall terminate upon the ling of a complaint by the

§216(b)

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 therefore 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.

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 specied in the rst

sentence of such subsection and of any employee to become a party plainti to any

such action shall terminate upon the ling of a complaint by the Secretary in an action

under this subsection in which a recovery is sought of unpaid minimum wages or

unpaid overtime compensation under sections 206 and 207 of this title or liquidated or

other damages provided by this subsection owing to such employee by an employer

liable under the provisions of subsection (b) of this section, unless such action is

dismissed without prejudice on motion of the Secretary. Any sums thus recovered

by the Secretary of Labor on behalf of an employee pursuant to this subsection shall

be held in a special deposit account and shall be paid, on order of the Secretary of

Labor, directly to the employee or employees aected. 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 led if he is specically

named as a party plainti in the complaint, or if his name did not so appear, on the

subsequent date on which his name is added as a party plainti 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.

§216(b)

(d) Savings provisions

In any action or proceeding commenced prior to, on, or after August 8, 1956, no

employer shall be subject to any liability or punishment under this chapter or the

Portal-to-Portal Act of 1947 [29 U.S.C. 251 et seq.] on account of his failure to comply

with any provision or provisions of this chapter or such Act (1) with respect to work

heretofore or hereafter performed in a workplace to which the exemption in section

213(f) of this title is applicable, (2) with respect to work performed in Guam, the Canal

Zone or Wake Island before the eective date of this amendment of subsection (d), or

(3) with respect to work performed in a possession named in section 206(a)(3) of this

title at any time prior to the establishment by the Secretary, as provided therein, of a

minimum wage rate applicable to such work.

(e) Civil penalties for child labor violations

(1)(A) Any person who violates the provisions of sections 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;

(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 aected 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 nally determined, may be—

§216(e)(3)

(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

(4) of this title or a repeated or willful violation of section 215(a)(2) of this

title, to be paid to the Secretary.

(4) Any administrative determination by the Secretary of the amount of any

penalty under this subsection shall be nal, unless within 15 days after receipt

of notice thereof by certied 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 nal 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.

§216a. Repealed.

§216b. Liability for overtime work performed prior to July 20, 1949

No employer shall be subject to any liability or punishment under the Fair Labor

Standards Act of 1938, as amended [29 U.S.C. 201 et seq.] (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 section 7(d)(6) and (7) and section 7(g) of the Fair Labor Standards Act of 1938,

as amended [29 U.S.C. 207(d)(6), (7), (g)], been in eect at the time of such payment.

§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).

§216(e)(3)

§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—

(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 xed 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.

§218a. Repealed.

§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 benets 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 [The Internal

Revenue Code of 1986] and a cost sharing reduction under section 18071 of title

42 if the employee purchases a qualied health plan through the Exchange;

and

§218b(a)(2)

(3) if the employee purchases a qualied health plan through the Exchange, the

employee may lose the employer contribution (if any) to any health benets

plan oered by the employer and that all or a portion of such contribution

may be excludable from income for Federal income tax purposes.

(b) Eective date

Subsection (a) shall take eect with respect to employers in a State beginning on

March 1, 2013.

§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 [The Internal Revenue Code of

1986] or a subsidy under section 18071 of title 42;

(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 (or an

amendment made by this title);

(3) testied or is about to testify in a proceeding concerning such violation; (or an

amendment made by this title);

(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 (or amendment), or any order,

rule, regulation, standard, or ban under this title (or amendment).

(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, notications, 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.

§218b(a)(3)

§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 aected thereby.

§219

Pertinent Provisions Aecting the Fair Labor Standards Act from the

Portal- To-Portal Act of 1947 (61 Stat. 84)

[Public Law 49 – 80th Congress]

[Chapter 52 – First Session]

[H.R. 2157]

An Act

To relieve employers from certain liabilities and punishments under the Fair Labor

Standards Act of 1938, as amended, the Walsh-Healey Act, and the Bacon-Davis Act,1

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled,

Part 1 Findings and Policy

Section 1

(a) The Congress nds that the Fair Labor Standards Act of 1938, as amended

[29 U.S.C.A. § 201 et seq.], has been interpreted judicially in disregard of long-

established customs, practices, and contract 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 nancial 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 nancial 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;

1 The Fair Labor Standards Act of 1938, as amended, contains several references to the “Bacon-Davis Act.”

“This Act” was recodied to 40 U.S.C.A. §§ 3141-3144, 3146, and 3147, following its repeal by Pub.L. 107-217, § 6(b),

Aug. 21, 2002, 116 Stat. 1308.

(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

nances 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 aected by consequent

increased cost of war contracts; and

(10) serious and adverse eects upon the revenues of Federal, State, and local

governments would occur.

The Congress further nds that all of the foregoing constitutes a substantial burden on

commerce and a substantial obstruction to the free ow of goods in commerce.

The Congress, therefore, further nds 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 nds 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 diculties in the sound and

orderly conduct of business and industry.

The Congress further nds and declares that all of the results which have arisen or

may arise under the Fair Labor Standards Act of 1938, as amended, as aforesaid, may

(except as to liability for liquidated damages) arise with respect to the Walsh- Healey

[41 U.S.C.A. § 35 et seq.] and Bacon-Davis [40 U.S.C.A. § 276a et seq.] Acts and that it

is, therefore, 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

shall apply to the Walsh-Healey Act and the Bacon-Davis Act.

(b) It is declared to be the policy of the Congress in order to meet the existing

emergency and to correct existing evils

(1) to relieve and protect interstate commerce from practices which burden and

obstruct it;

(2) to protect the right of collective bargaining; and

(3) to dene and limit the jurisdiction of the courts.

*****

Part III Future Claims

Sec. 4 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

(a) Activities not compensable

Except as provided in subsection (b) of this section, no employer shall be subject to

any liability or punishment under the Fair Labor Standards Act of 1938, as amended

[29 U.S.C.A. § 201 et seq.], the Walsh-Healey Act [41 U.S.C.A. § 35 et seq.], or the Bacon-

Davis Act [40 U.S.C.A. § 276a et seq.], on account of the failure of such employer to pay

an employee minimum wages, or to pay an employee overtime compensation, for or

on account of any of the following activities of such employee engaged in on or after

May 14, 1947–

(1) walking, riding, or traveling to and from the actual place of performance of the

principal activity or activities which such employee is employed to perform,

and

(2) activities which are preliminary to or postliminary to said principal activity or

activities, which occur either prior to the time on any particular workday at

which such employee commences, or subsequent to the time on any particular

workday at which he ceases, such principal activity or activities. For purposes

of this subsection, the use of an employer’s vehicle for travel by an employee

and activities performed by an employee which are incidental to the use of

such vehicle for commuting shall not be considered part of the employee’s

principal activities if the use of such a vehicle for travel is within the normal

commuting area for the employer’s business or establishment and the use of

the employer’s vehicle is subject to an agreement on the part of the employer

and the employee or representative of such employee.

(b) Compensability by contract or custom

Notwithstanding the provisions of subsection (a) of this section which relieve an

employer from liability and punishment with respect to an activity, the employer shall

not be so relieved if such activity is compensable by either

(1) an express provision of a written or nonwritten contract in eect, at the time

of such activity, between such employee, his agent, or collective-bargaining

representative and his employer; or

(2) a custom or practice in eect, at the time of such activity, at the establishment

or other place where such employee is employed, covering such activity,

not inconsistent with a written or nonwritten contract, in eect, at the time

of such activity, between such employee, his agent, or collective-bargaining

representative and his employer.

For the purposes of subsection (b) of this section, an activity shall be considered as

compensable under such contract provision or such custom or practice only when

it is engaged in during the portion of the day with respect to which it is so made

compensable.

(d) Determination of time employed with respect to activities

In the application of the minimum wage and overtime compensation provisions of the

Fair Labor Standards Act of 1938, as amended [29 U.S.C.A. § 201 et seq.], of the Walsh-

Healey Act [41 U.S.C.A. § 35 et seq.], or of the Bacon-Davis Act [40

U.S.C.A. § 276a et seq.], in determining the time for which an employer employs an

employee with respect to walking, riding, traveling or other preliminary or postliminary

activities described in subsection (a) of this section, there shall be counted all that time,

but only that time, during which the employee engages in any such activity which is

compensable within the meaning of subsections (b) and (c) of this section.

Part IV Miscellaneous

*****

§ 255. Statute of Limitations

Any action commenced on or after May 14, 1947, to enforce any cause of action for

unpaid minimum wages, unpaid overtime compensation, or liquidated damages,

under the Fair Labor Standards Act of 1938, as amended [29 U.S.C.A. § 201 et seq.], the

Walsh-Healey Act [41 U.S.C.A. § 35 et seq.], or the Bacon-Davis Act [40 U.S.C.A. § 276a

et seq.](

(a) if the cause of action accrues on or after the date of the enactment of this Act –

may be commenced within two years after the cause of action accrued, and every

such action shall be forever barred unless commenced within two years after

the cause of action accrued, except that a cause of action arising out of a willful

violation may be commended within three years after the cause of action accrued;

*****

(d) with respect to any cause of action brought under section 216(b) of this title

against a State or a political subdivision of a State in a district court of the

United States on or before April 18, 1973, the running of the statutory periods

of limitation shall be deemed suspended during the period beginning with the

commencement of any such action and ending one hundred and eighty days

after the eective date of the Fair Labor Standards Amendments of 1974, except

that such suspension shall not be applicable if in such action judgment has

been entered for the defendant on the grounds other than State immunity from

Federal jurisdiction.

§ 256. Determination of Commencement of Future Actions

In determining when an action is commenced for the purposes of section 255 of this

title, an action commenced on or after May 14, 1947 under the Fair Labor Standards

Act of 1938, as amended [29 U.S.C.A. § 201 et seq.], the Walsh-Healey Act [41

U.S.C.A. § 35 et seq.], or the Bacon-Davis Act [40 U.S.C.A. § 276a et seq.], shall be

considered to be commended on the date when the complaint is led; except that in

the case of a collective or class action instituted under the Fair Labor Standards Act of

1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in

the case of any individual claimant

(a) on the date when the complaint is led, if he is specically named as a party

plainti in the complaint and his written consent to become a party plainti is

led on such date in the court in which the action is brought; or

(b) if such written consent was not so led or if his name did not so appear – on the

subsequent date on which such written consent is led in the court in which the

action was commenced.

*****

§ 259. Reliance in Future on Administrative Rulings, Etc.

(a) In any action or proceeding based on any act or omission on or after May 14,

1947, no employer shall be subject to any liability or punishment for or on

account of the failure of the employer to pay minimum wages or overtime

compensation under the Fair Labor Standards Act of 1938, as amended [29

U.S.C.A. § 201 et seq.], the Walsh-Healey Act [41 U.S.C.A. § 35 et seq.], or the

Bacon-Davis Act [40 U.S.C.A. § 276a et seq.], if he pleads and proves that the act

or omission complained of was in good faith in conformity with and in reliance on

any written administrative regulation, order, ruling, approval, or interpretation, of

the agency of the United States specied in subsection (b) of this section, or any

administrative practice or enforcement policy of such agency with respect to the

class of employers to which he belonged. Such a defense, if established, shall be a

bar to the action or proceeding, notwithstanding that after such act or omission,

such administrative regulation, order, ruling, approval, interpretation, practice, or

enforcement policy is modied or rescinded or is determined by judicial authority

to be invalid or of no legal eect.

(b) The agency referred to in subsection (a) shall be –

(1) in the case of the Fair Labor Standards Act of 1938, as amended [29

U.S.C.A. § 201 et seq.] – the Administrator of the Wage and Hour Division of the

Department of Labor;

*****

§ 260. Liquidated Damages

In any action commenced prior to or on or after May 14, 1947 to recover unpaid

minimum wages, unpaid overtime compensation, or liquidated damages, under

the Fair Labor Standards Act of 1938, as amended [29 U.S.C.A. § 201 et seq.], if the

employer shows to the satisfaction of the court that the act or omission giving rise

to such action was in good faith and that he had reasonable grounds for believing

that his act or omission was not a violation of the Fair Labor Standards Act of 1938,

as amended, the court may, in its sound discretion, award no liquidated damages or

award any amount thereof not to exceed the amount specied in section 216 of such

title.

*****

§ 262. Denitions

(a) When the terms “employer”, “employee”, and “wage” are used in this chapter in

relation to the Fair Labor Standards Act of 1938, as amended [29 U.S.C.A. § 201 et

seq.], they shall have the same meaning as when used in such Act of 1938.

*****

(e) As used in section 255 of the term “State” means any State of the United States or

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