§ 203. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC203]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 203. Definitions
As used in this chapter--
(a) ``Person'' means an individual, partnership, association,
corporation, business trust, legal representative, or any organized
group of persons.
(b) ``Commerce'' means trade, commerce, transportation,
transmission, or communication among the several States or between any
State and any place outside thereof.
(c) ``State'' means any State of the United States or the District
of Columbia or any Territory or possession of the United States.
(d) ``Employer'' includes any person acting directly or indirectly
in the interest of an employer in relation to an employee and includes a
public agency, but does not include any labor organization (other than
when acting as an employer) or anyone acting in the capacity of officer
or agent of such labor organization.
(e)(1) Except as provided in paragraphs (2), (3), and (4), the term
``employee'' means any individual employed by an employer.
(2) In the case of an individual employed by a public agency, such
term means--
(A) any individual employed by the Government of the United
States--
(i) as a civilian in the military departments (as defined in
section 102 of title 5),
(ii) in any executive agency (as defined in section 105 of
such title),
(iii) in any unit of the judicial branch of the Government
which has positions in the competitive service,
(iv) in a nonappropriated fund instrumentality under the
jurisdiction of the Armed Forces,
(v) in the Library of Congress, or
(vi) the \1\ Government Printing Office;
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\1\ So in original. Probably should be preceded by ``in''.
(B) any individual employed by the United States Postal Service
or the Postal Rate Commission; and
(C) any individual employed by a State, political subdivision of
a State, or an interstate governmental agency, other than such an
individual--
(i) who is not subject to the civil service laws of the
State, political subdivision, or agency which employs him; and
(ii) who--
(I) holds a public elective office of that State,
political subdivision, or agency,
(II) is selected by the holder of such an office to be a
member of his personal staff,
(III) is appointed by such an officeholder to serve on a
policymaking level,
(IV) is an immediate adviser to such an officeholder
with respect to the constitutional or legal powers of his
office, or
(V) is an employee in the legislative branch or
legislative body of that State, political subdivision, or
agency and is not employed by the legislative library of
such State, political subdivision, or agency.
(3) For purposes of subsection (u) of this section, such term does
not include any individual employed by an employer engaged in
agriculture if such individual is the parent, spouse, child, or other
member of the employer's immediate family.
(4)(A) The term ``employee'' does not include any individual who
volunteers to perform services for a public agency which is a State, a
political subdivision of a State, or an interstate governmental agency,
if--
(i) the individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for
which the individual volunteered; and
(ii) such services are not the same type of services which the
individual is employed to perform for such public agency.
(B) An employee of a public agency which is a State, political
subdivision of a State, or an interstate governmental agency may
volunteer to perform services for any other State, political
subdivision, or interstate governmental agency, including a State,
political subdivision or agency with which the employing State,
political subdivision, or agency has a mutual aid agreement.
(5) The term ``employee'' does not include individuals who volunteer
their services solely for humanitarian purposes to private non-profit
food banks and who receive from the food banks groceries.
(f) ``Agriculture'' includes farming in all its branches and among
other things includes the cultivation and tillage of the soil, dairying,
the production, cultivation, growing, and harvesting of any agricultural
or horticultural commodities (including commodities defined as
agricultural commodities in section 1141j(g) of title 12), the raising
of livestock, bees, fur-bearing animals, or poultry, and any practices
(including any forestry or lumbering operations) performed by a farmer
or on a farm as an incident to or in conjunction with such farming
operations, including preparation for market, delivery to storage or to
market or to carriers for transportation to market.
(g) ``Employ'' includes to suffer or permit to work.
(h) ``Industry'' means a trade, business, industry, or other
activity, or branch or group thereof, in which individuals are gainfully
employed.
(i) ``Goods'' means goods (including ships and marine equipment),
wares, products, commodities, merchandise, or articles or subjects of
commerce of any character, or any part or ingredient thereof, but does
not include goods after their delivery into the actual physical
possession of the ultimate consumer thereof other than a producer,
manufacturer, or processor thereof.
(j) ``Produced'' means produced, manufactured, mined, handled, or in
any other manner worked on in any State; and for the purposes of this
chapter an employee shall be deemed to have been engaged in the
production of goods if such employee was employed in producing,
manufacturing, mining, handling, transporting, or in any other manner
working on such goods, or in any closely related process or occupation
directly essential to the production thereof, in any State.
(k) ``Sale'' or ``sell'' includes any sale, exchange, contract to
sell, consignment for sale, shipment for sale, or other disposition.
(l) ``Oppressive child labor'' means a condition of employment under
which (1) any employee under the age of sixteen years is employed by an
employer (other than a parent or a person standing in place of a parent
employing his own child or a child in his custody under the age of
sixteen years in an occupation other than manufacturing or mining or an
occupation found by the Secretary of Labor to be particularly hazardous
for the employment of children between the ages of sixteen and eighteen
years or detrimental to their health or well-being) in any occupation,
or (2) any employee between the ages of sixteen and eighteen years is
employed by an employer in any occupation which the Secretary of Labor
shall find and by order declare to be particularly hazardous for the
employment of children between such ages or detrimental to their health
or well-being; but oppressive child labor shall not be deemed to exist
by virtue of the employment in any occupation of any person with respect
to whom the employer shall have on file an unexpired certificate issued
and held pursuant to regulations of the Secretary of Labor certifying
that such person is above the oppressive child-labor age. The Secretary
of Labor shall provide by regulation or by order that the employment of
employees between the ages of fourteen and sixteen years in occupations
other than manufacturing and mining shall not be deemed to constitute
oppressive child labor if and to the extent that the Secretary of Labor
determines that such employment is confined to periods which will not
interfere with their schooling and to conditions which will not
interfere with their health and well-being.
(m) ``Wage'' paid to any employee includes the reasonable cost, as
determined by the Administrator, to the employer of furnishing such
employee with board, lodging, or other facilities, if such board,
lodging or other facilities are customarily furnished by such employer
to his employees: Provided, That the cost of board, lodging, or other
facilities shall not be included as a part of the wage paid to any
employee to the extent it is excluded therefrom under the terms of a
bona fide collective-bargaining agreement applicable to the particular
employee: Provided further, That the Secretary is authorized to
determine the fair value of such board, lodging, or other facilities for
defined classes of employees and in defined areas, based on average cost
to the employer or to groups of employers similarly situated, or average
value to groups of employees, or other appropriate measures of fair
value. Such evaluations, where applicable and pertinent, shall be used
in lieu of actual measure of cost in determining the wage paid to any
employee. In determining the wage an employer is required to pay a
tipped employee, the amount paid such employee by the employee's
employer shall be an amount equal to--
(1) the cash wage paid such employee which for purposes of such
determination shall be not less than the cash wage required to be
paid such an employee on August 20, 1996; and
(2) an additional amount on account of the tips received by such
employee which amount is equal to the difference between the wage
specified in paragraph (1) and the wage in effect under section
206(a)(1) of this title.
The additional amount on account of tips may not exceed the value of the
tips actually received by an employee. The preceding 2 sentences shall
not apply with respect to any tipped employee unless such employee has
been informed by the employer of the provisions of this subsection, and
all tips received by such employee have been retained by the employee,
except that this subsection shall not be construed to prohibit the
pooling of tips among employees who customarily and regularly receive
tips.
(n) ``Resale'' shall not include the sale of goods to be used in
residential or farm building construction, repair, or maintenance:
Provided, That the sale is recognized as a bona fide retail sale in the
industry.
(o) Hours Worked.--In determining for the purposes of sections 206
and 207 of this title the hours for which an employee is employed, there
shall be excluded any time spent in changing clothes or washing at the
beginning or end of each workday which was excluded from measured
working time during the week involved by the express terms of or by
custom or practice under a bona fide collective-bargaining agreement
applicable to the particular employee.
(p) ``American vessel'' includes any vessel which is documented or
numbered under the laws of the United States.
(q) ``Secretary'' means the Secretary of Labor.
(r)(1) ``Enterprise'' means the related activities performed (either
through unified operation or common control) by any person or persons
for a common business purpose, and includes all such activities whether
performed in one or more establishments or by one or more corporate or
other organizational units including departments of an establishment
operated through leasing arrangements, but shall not include the related
activities performed for such enterprise by an independent contractor.
Within the meaning of this subsection, a retail or service establishment
which is under independent ownership shall not be deemed to be so
operated or controlled as to be other than a separate and distinct
enterprise by reason of any arrangement, which includes, but is not
necessarily limited to, an agreement, (A) that it will sell, or sell
only, certain goods specified by a particular manufacturer, distributor,
or advertiser, or (B) that it will join with other such establishments
in the same industry for the purpose of collective purchasing, or (C)
that it will have the exclusive right to sell the goods or use the brand
name of a manufacturer, distributor, or advertiser within a specified
area, or by reason of the fact that it occupies premises leased to it by
a person who also leases premises to other retail or service
establishments.
(2) For purposes of paragraph (1), the activities performed by any
person or persons--
(A) in connection with the operation of a hospital, an
institution primarily engaged in the care of the sick, the aged, the
mentally ill or defective who reside on the premises of such
institution, a school for mentally or physically handicapped or
gifted children, a preschool, elementary or secondary school, or an
institution of higher education (regardless of whether or not such
hospital, institution, or school is operated for profit or not for
profit), or
(B) in connection with the operation of a street, suburban or
interurban electric railway, or local trolley or motorbus carrier,
if the rates and services of such railway or carrier are subject to
regulation by a State or local agency (regardless of whether or not
such railway or carrier is public or private or operated for profit
or not for profit), or
(C) in connection with the activities of a public agency,
shall be deemed to be activities performed for a business purpose.
(s)(1) ``Enterprise engaged in commerce or in the production of
goods for commerce'' means an enterprise that--
(A)(i) has employees engaged in commerce or in the production of
goods for commerce, or that has employees handling, selling, or
otherwise working on goods or materials that have been moved in or
produced for commerce by any person; and
(ii) is an enterprise whose annual gross volume of sales made or
business done is not less than $500,000 (exclusive of excise taxes
at the retail level that are separately stated);
(B) is engaged in the operation of a hospital, an institution
primarily engaged in the care of the sick, the aged, or the mentally
ill or defective who reside on the premises of such institution, a
school for mentally or physically handicapped or gifted children, a
preschool, elementary or secondary school, or an institution of
higher education (regardless of whether or not such hospital,
institution, or school is public or private or operated for profit
or not for profit); or
(C) is an activity of a public agency.
(2) Any establishment that has as its only regular employees the
owner thereof or the parent, spouse, child, or other member of the
immediate family of such owner shall not be considered to be an
enterprise engaged in commerce or in the production of goods for
commerce or a part of such an enterprise. The sales of such an
establishment shall not be included for the purpose of determining the
annual gross volume of sales of any enterprise for the purpose of this
subsection.
(t) ``Tipped employee'' means any employee engaged in an occupation
in which he customarily and regularly receives more than $30 a month in
tips.
(u) ``Man-day'' means any day during which an employee performs any
agricultural labor for not less than one hour.
(v) ``Elementary school'' means a day or residential school which
provides elementary education, as determined under State law.
(w) ``Secondary school'' means a day or residential school which
provides secondary education, as determined under State law.
(x) ``Public agency'' means the Government of the United States; the
government of a State or political subdivision thereof; any agency of
the United States (including the United States Postal Service and Postal
Rate Commission), a State, or a political subdivision of a State; or any
interstate governmental agency.
(y) ``Employee in fire protection activities'' means an employee,
including a firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous materials worker, who--
(1) is trained in fire suppression, has the legal authority and
responsibility to engage in fire suppression, and is employed by a
fire department of a municipality, county, fire district, or State;
and
(2) is engaged in the prevention, control, and extinguishment of
fires or response to emergency situations where life, property, or
the environment is at risk.
(June 25, 1938, ch. 676, Sec. 3, 52 Stat. 1060; 1946 Reorg. Plan No. 2,
Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26,
1949, ch. 736, Sec. 3, 63 Stat. 911; Pub. L. 87-30, Sec. 2, May 5, 1961,
75 Stat. 65; Pub. L. 89-601, title I, Secs. 101-103, title II,
Sec. 215(a), Sept. 23, 1966, 80 Stat. 830-832, 837; Pub. L. 92-318,
title IX, Sec. 906(b)(2), (3), June 23, 1972, 86 Stat. 375; Pub. L. 93-
259, Secs. 6(a), 13(e), Apr. 8, 1974, 88 Stat. 58, 64; Pub. L. 95-151,
Secs. 3(a), (b), 9(a)-(c), Nov. 1, 1977, 91 Stat. 1249, 1251; Pub. L.
99-150, Secs. 4(a), 5, Nov. 13, 1985, 99 Stat. 790; Pub. L. 101-157,
Secs. 3(a), (d), 5, Nov. 17, 1989, 103 Stat. 938, 939, 941; Pub. L. 104-
1, title II, Sec. 203(d), Jan. 23, 1995, 109 Stat. 10; Pub. L. 104-188,
[title II], Sec. 2105(b), Aug. 20, 1996, 110 Stat. 1929; Pub. L. 105-
221, Sec. 2, Aug. 7, 1998, 112 Stat. 1248; Pub. L. 106-151, Sec. 1, Dec.
9, 1999, 113 Stat. 1731.)
Amendments
1999--Subsec. (y). Pub. L. 106-151 added subsec. (y).
1998--Subsec. (e)(5). Pub. L. 105-221 added par. (5).
1996--Subsec. (m). Pub. L. 104-188 inserted ``In determining the
wage an employer is required to pay a tipped employee, the amount paid
such employee by the employee's employer shall be an amount equal to--
``(1) the cash wage paid such employee which for purposes of
such determination shall be not less than the cash wage required to
be paid such an employee on August 20, 1996; and
``(2) an additional amount on account of the tips received by
such employee which amount is equal to the difference between the
wage specified in paragraph (1) and the wage in effect under section
206(a)(1) of this title.
The additional amount on account of tips may not exceed the value of the
tips actually received by an employee.'', and struck out former
penultimate sentence which read as follows: ``In determining the wage of
a tipped employee, the amount paid such employee by his employer shall
be deemed to be increased on account of tips by an amount determined by
the employer, but not by an amount in excess of (1) 45 percent of the
applicable minimum wage rate during the year beginning April 1, 1990,
and (2) 50 percent of the applicable minimum wage rate after March 31,
1991, except that the amount of the increase on account of tips
determined by the employer may not exceed the value of tips actually
received by the employee.''
Pub. L. 104-188 in last sentence substituted ``preceding 2
sentences'' for ``previous sentence'' and struck out ``(1)'' after
``employee unless'' and ``(2)'' after ``subsection, and''.
1995--Subsec. (e)(2)(A). Pub. L. 104-1 struck out ``legislative or''
before ``judicial branch'' in cl. (iii) and added cl. (vi).
1989--Subsec. (m). Pub. L. 101-157, Sec. 5, substituted ``in excess
of (1) 45 percent of the applicable minimum wage rate during the year
beginning April 1, 1990, and (2) 50 percent of the applicable minimum
wage rate after March 31, 1991,'' for ``in excess of 40 per centum of
the applicable minimum wage rate,''.
Subsec. (r). Pub. L. 101-157, Sec. 3(d), designated first sentence
as par. (1), made a separate sentence out of the existing proviso and
redesignated cls. (1), (2), and (3) as (A), (B), and (C), respectively,
designated second sentence as par. (2), in par. (2) as so designated,
redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and
(C), respectively, and, in subpar. (A) as so redesignated, substituted
``school is operated'' for ``school is public or private or operated''.
Subsec. (s). Pub. L. 101-157, Sec. 3(a), amended subsec. (s)
generally, completely revising definition of ``enterprise engaged in
commerce or in the production of goods for commerce''.
1985--Subsec. (e)(1). Pub. L. 99-150, Sec. 4(a)(1), substituted
``paragraphs (2), (3), and (4)'' for ``paragraphs (2) and (3)''.
Subsec. (e)(2)(C)(ii). Pub. L. 99-150, Sec. 5, struck out ``or'' at
end of subcl. (III), struck out ``who'' in subcl. (IV) before ``is an'',
substituted ``, or'' for period at end of subcl. (IV), and added subcl.
(V).
Subsec. (e)(4). Pub. L. 99-150, Sec. 4(a)(2), added par. (4).
1977--Subsec. (m). Pub. L. 95-151, Sec. 3(b), substituted ``45 per
centum'' for ``50 per centum'', effective Jan. 1, 1979, and ``40 per
centum'' for ``45 per centum'', effective Jan. 1, 1980.
Subsec. (s). Pub. L. 95-151, Sec. 9(a)-(c), in par. (1) inserted
exception for enterprises comprised exclusively of retail or service
establishments and described in par. (2), added par. (2), redesignated
former pars. (2) to (5) as (3) to (6), respectively, and in text
following par. (6), as so redesignated, inserted provisions relating to
coverage of retail or service establishments subject to section
206(a)(1) of this title on June 30, 1978, and provisions relating to
violations of such coverage requirements.
Subsec. (t). Pub. L. 95-151, Sec. 3(a), substituted ``$30'' for
``$20''.
1974--Subsec. (d). Pub. L. 93-259, Sec. 6(a)(1), redefined
``employer'' to include a public agency and struck out text which
excluded from such term the United States or any State or political
subdivision of a State (except with respect to employees of a State, or
a political subdivision thereof, employed (1) in a hospital,
institution, or school referred to in last sentence of subsec. (r) of
this section, or (2) in the operation of a railway or carrier referred
to in such sentence).
Subsec. (e). Pub. L. 93-259, Sec. 6(a)(2), in revising definition of
``employee'', incorporated existing introductory text in provisions
designated as par. (1), inserting exception provision; added par. (2);
incorporated existing cl. (1) in provisions designated as par. (3); and
struck out former cl. (2) excepting from ``employee'', ``any individual
who is employed by an employer engaged in agriculture if such individual
(A) is employed as a hand harvest laborer and is paid on a piece rate
basis in an operation which has been, and is customarily and generally
recognized as having been, paid on a piece rate basis in the region of
employment, (B) commutes daily from his permanent residence to the farm
on which he is so employed, and (C) has been engaged in agriculture less
than thirteen weeks during the preceding calendar year''.
Subsec. (h). Pub. L. 93-259, Sec. 6(a)(3), substituted ``other
activity, or branch or group thereof'' for ``branch thereof, or group of
industries''.
Subsec. (m). Pub. L. 93-259, Sec. 13(e), substituted in provision
respecting wage of tipped employee ``the amount of the increase on
account of tips determined by the employer may not exceed the value of
tips actually received by the employee'' for ``in the case of an
employee who (either himself or acting through his representative) shows
to the satisfaction of the Secretary that the actual amount of tips
received by him was less than the amount determined by the employer as
the amount by which the wage paid him was deemed to be increased under
this sentence, the amount paid such employee by his employer shall be
deemed to have been increased by such lesser amount'' and inserted ``The
previous sentence shall not apply with respect to any tipped employee
unless (1) such employee has been informed by the employer of the
provisions of this subsection, and (2) all tips received by such
employee have been retained by the employee, except that this subsection
shall not be construed to prohibit the pooling of tips among employees
who customarily and regularly receive tips.''
Subsec. (r)(3). Pub. L. 93-259, Sec. 6(a)(4), added par. (3).
Subsec. (s). Pub. L. 93-259, Sec. 6(a)(5), in first sentence
substituted preceding par. (1) ``or employees handling, selling, or
otherwise working on goods or materials'' for ``including employees
handling, selling, or otherwise working on goods'' and added par. (5),
and inserted third sentence deeming employees of an enterprise which is
a public agency to be employees engaged in commerce, or in production of
goods for commerce, or employees handling, selling, or otherwise working
on goods or materials that have been moved in or produced for commerce.
Subsec. (x). Pub. L. 93-259, Sec. 6(a)(6), added subsec. (x).
1972--Subsecs. (r)(1), (s)(4). Pub. L. 92-318, Sec. 906(b)(2), (3),
inserted reference to a preschool.
1966--Subsec. (d). Pub. L. 89-601, Sec. 102(b), expanded definition
of employer to include a State or a political subdivision thereof with
respect to employees in a hospital, institution, or school referred to
in last sentence of subsec. (r) of this section, or in the operation of
a railway or carrier referred to in such sentence.
Subsec. (e). Pub. L. 89-601, Sec. 103(a), excluded from definition
of ``employee,'' when that term is used in definition of ``man-day,''
any agricultural employee who is the parent, spouse, child, or other
member of his employer's immediate family and any agricultural hand
harvest laborer, paid on a piece rate basis, who commutes daily from his
permanent residence to the farm on which he is so employed, and who has
been employed in agriculture less than 13 weeks during the preceding
calendar year.
Subsec. (m). Pub. L. 89-601, Sec. 101(a), inserted provisions for
determining the wage of a tipped employee.
Subsec. (n). Pub. L. 89-601, Sec. 215(a), struck out provision which
directed that definition of ``resale'' was not applicable when
``resale'' was used in subsection (s)(1) of this section.
Subsec. (r). Pub. L. 89-601, Sec. 102(a), extended activities
performed for a business purpose to include activities in the operation
of hospitals, institutions for the sick, aged, or mentally ill or
defective, schools for the handicapped, elementary and secondary
schools, institutions of higher learning, or street, suburban, or
interurban electric railway or local trolley or motorbus carriers if
subject to regulation by a State or local agency regardless of whether
public or private or whether operated for profit or not for profit.
Subsec. (s). Pub. L. 89-601, Sec. 102(c), removed gross annual
business level tests of $1,000,000 for retail and service enterprises,
street, suburban, or interurban electric railways or local trolley or
motorbus carriers, and brought within the coverage of the gross annual
business test all enterprises having employees engaged in commerce in
the production of goods for commerce, including employees handling,
selling, or otherwise working on goods that have been moved in or
produced for commerce, lowered the minimum gross annual volume test for
covered enterprises from $1,000,000 to $500,000 for the period from Feb.
1, 1967, through Jan. 31, 1969, and to $250,000 for the period after
Jan. 31, 1969, retained the $250,000 annual gross volume test for
coverage of gasoline service establishments, and expanded coverage to
include laundering or cleaning services, construction or reconstruction
activities, or operation of hospitals, certain institutions for the care
of the sick, aged, or mentally ill, certain special schools, and
institutions of higher learning regardless of annual gross volume.
Subsec. (t). Pub. L. 89-601, Sec. 101(b), added subsec. (t).
Subsec. (u). Pub. L. 89-601, Sec. 103(b), added subsec. (u).
Subsecs. (v), (w). Pub. L. 89-601, Sec. 102(d), added subsecs. (v)
and (w).
1961--Subsec. (m). Pub. L. 87-30, Sec. 2(a), provided for exclusion
from wages under a collective-bargaining agreement the cost of board,
lodging, or other facilities and authorized the Secretary to determine
the fair value of board, lodging, or other facilities for defined
classes of employees in defined areas to be used in lieu of actual cost.
Subsec. (n). Pub. L. 87-30, Sec. 2(b), inserted ``, except as used
in subsection (s)(1) of this section,''.
Subsecs. (p) to (s). Pub. L. 87-30, Sec. 2(c), added subsecs. (p) to
(s).
1949--Subsec. (b). Act Oct. 26, 1949, Sec. 3(a), substituted
``between'' for ``from'' after ``States or'', and ``and'' for ``to''
before ``any place''.
Subsec. (j). Act Oct. 26, 1949, Sec. 3(b), inserted ``closely
related'' before ``process'' and substituted ``directly essential'' for
``necessary'' after ``occupation''.
Subsec. (l)(1). Act Oct. 26, 1949, Sec. 3(c), included parental
employment of a child under 16 years of age in an occupation found by
the Secretary of Labor to be hazardous for children between the ages of
16 and 18 years, in definition of oppressive child labor.
Subsecs. (n), (o). Act Oct. 26, 1949, Sec. 3(d), added subsecs. (n)
and (o).
Construction of 1999 Amendment
Pub. L. 106-151, Sec. 2, Dec. 9, 1999, 113 Stat. 1731, provided
that: ``The amendment made by section 1 [amending this section] shall
not be construed to reduce or substitute for compensation standards: (1)
contained in any existing or future agreement or memorandum of
understanding reached through collective bargaining by a bona fide
representative of employees in accordance with the laws of a State or
political subdivision of a State; and (2) which result in compensation
greater than the compensation available to employees under the overtime
exemption under section 7(k) of the Fair Labor Standards Act of 1938 [29
U.S.C. 207(k)].''
Effective Date of 1989 Amendment
Section 3(e) of Pub. L. 101-157 provided that: ``The amendments made
by this section [amending this section and section 213 of this title]
shall become effective on April 1, 1990.''
Section 5 of Pub. L. 101-157 provided that the amendment made by
that section is effective Apr. 1, 1990.
Effective Date of 1985 Amendment; Promulgation of Regulations
Section 6 of Pub. L. 99-150 provided that: ``The amendments made by
this Act [amending this section and sections 207 and 211 of this title
and enacting provisions set out as notes under this section and sections
201, 207, 215, and 216 of this title] shall take effect April 15, 1986.
The Secretary of Labor shall before such date promulgate such
regulations as may be required to implement such amendments.''
Effective Date of 1977 Amendment
Section 3(a) of Pub. L. 95-151 provided that the amendment made by
that section is effective Jan. 1, 1978.
Section 3(b)(1) of Pub. L. 95-151 provided that the amendment made
by that section, reducing the maximum percentage of the minimum wage
used in determining tips as wages from 50 to 45 per centum, is effective
Jan. 1, 1979.
Section 3(b)(2) of Pub. L. 95-151 provided that the amendment made
by that section, reducing the maximum percentage of the minimum wage
used in determining tips as wages from 45 to 40 per centum, is effective
Jan. 1, 1980.
Section 15(a), (b) of Pub. L. 95-151 provided that:
``(a) Except as provided in sections 3, 14, and subsection (b) of
this section, the amendments made by this Act [amending sections 206,
208, 213, and 216 of this title and enacting provisions set out as a
note under section 204 of this title] shall take effect January 1, 1978.
``(b) The amendments made by sections 8, 9, 11, 12, and 13 [amending
this section and sections 213 and 214 of this title] shall take effect
on the date of the enactment of this Act [Nov. 1, 1977].''
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-259 effective May 1, 1974, see section 29(a)
of Pub. L. 93-259, set out as a note under section 202 of this title.
Effective Date of 1966 Amendment
Section 602 of Pub. L. 89-601 provided in part that: ``Except as
otherwise provided in this Act, the amendments made by this Act
[amending this section and sections 206, 207, 213, 214, 216, 218, and
255 of this title] shall take effect on February 1, 1967.''
Effective Date of 1961 Amendment
Section 14 of Pub. L. 87-30 provided that: ``The amendments made by
this Act [amending this section and sections 204 to 208, 212 to 214,
216, and 217 of this title] shall take effect upon the expiration of one
hundred and twenty days after the date of its enactment [May 5, 1961],
except as otherwise provided in such amendments and except that the
authority to promulgate necessary rules, regulations, or orders with
regard to amendments made by this Act, under the Fair Labor Standards
Act of 1938 and amendments thereto [this chapter], including amendments
made by this Act, may be exercised by the Secretary on and after the
date of enactment of this Act [May 5, 1961].''
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Transfer of Functions
In subsec. (l), ``Secretary of Labor'' substituted for ``Chief of
the Children's Bureau in the Department of Labor'' and for ``Chief of
the Children's Bureau'' pursuant to Reorg. Plan No. 2 of 1946,
Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, set out in
the Appendix to Title 5, Government Organization and Employees, which
transferred functions of Children's Bureau and its Chief under sections
201 to 216 and 217 to 219 of this title to Secretary of Labor to be
performed under his direction and control by such officers and employees
of Department of Labor as he designates.
Preservation of Coverage
Section 3(b) of Pub. L. 101-157 provided that:
``(1) In general.--Any enterprise that on March 31, 1990, was
subject to section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) and that because of the amendment made by subsection
(a) [amending this section] is not subject to such section shall--
``(A) pay its employees not less than the minimum wage in effect
under such section on March 31, 1990;
``(B) pay its employees in accordance with section 7 of such Act
(29 U.S.C. 207); and
``(C) remain subject to section 12 of such Act (29 U.S.C. 212).
``(2) Violations.--A violation of paragraph (1) shall be considered
a violation of section 6, 7, or 12 of the Fair Labor Standards Act of
1938 [29 U.S.C. 206, 207, 212], as the case may be.''
Volunteers; Promulgation of Regulations
Section 4(b) of Pub. L. 99-150 provided that: ``Not later than March
15, 1986, the Secretary of Labor shall issue regulations to carry out
paragraph (4) of section 3(e) (as amended by subsection (a) of this
section) [29 U.S.C. 203(e)(4)].''
Practice of Public Agency in Treating Certain Individuals as Volunteers
Prior to April 15, 1986; Liability
Section 4(c) of Pub. L. 99-150 provided that: ``If, before April 15,
1986, the practice of a public agency was to treat certain individuals
as volunteers, such individuals shall until April 15, 1986, be
considered, for purposes of the Fair Labor Standards Act of 1938 [this
chapter], as volunteers and not as employees. No public agency which is
a State, a political subdivision of a State, or an interstate
governmental agency shall be liable for a violation of section 6 [29
U.S.C. 206] occurring before April 15, 1986, with respect to services
deemed by that agency to have been performed for it by an individual on
a voluntary basis.''
Status of Baggers at Commissary of Military Department
Pub. L. 95-485, title VIII, Sec. 819, Oct. 20, 1978, 92 Stat. 1626,
provided that: ``Notwithstanding any other provision of law, an
individual who performs bagger or carryout service for patrons of a
commissary of a military department may not be considered to be an
employee for purposes of the Fair Labor Standards Act of 1938 [this
chapter] by virtue of such service if the sole compensation of such
individual for such service is derived from tips.''
Administrative Action by Secretary of Labor With Regard to
Implementation of Fair Labor Standards Amendments of 1977
Section 15(c) of Pub. L. 95-151 provided that: ``On and after the
date of the enactment of this Act [Nov. 1, 1977], the Secretary of Labor
shall take such administrative action as may be necessary for the
implementation of the amendments made by this Act [See Short Title of
1977 Amendment note set out under section 201 of this title].''
Rules, Regulations, and Orders Promulgated With Regard to 1966
Amendments
Section 602 of Pub. L. 89-601 provided in part that: ``On and after
the date of the enactment of this Act [Sept. 23, 1966] the Secretary is
authorized to promulgate necessary rules, regulations, or orders with
regard to the amendments made by this Act [see Short Title of 1966
Amendment note set out under section 201 of this title].''
Section Referred to in Other Sections
This section is referred to in sections 1802, 2001, 2611 of this
title; title 8 sections 1101, 1186; title 26 section 45B; title 49
sections 3101, 31501.
