§ 206. — Minimum wage.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC206]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 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
$4.25 an hour during the period ending on September 30, 1996, not
less than $4.75 an hour during the year beginning on October 1,
1996, and not less than $5.15 an hour beginning September 1, 1997;
(2) if such employee is a home worker in Puerto Rico or the
Virgin Islands, not less than the minimum piece rate prescribed by
regulation or order; or, if no such minimum piece rate is in effect,
any piece rate adopted by such employer which shall yield, to the
proportion or class of employees prescribed by regulation or order,
not less than the applicable minimum hourly wage rate. Such minimum
piece rates or employer piece rates shall be commensurate with, and
shall be paid in lieu of, the minimum hourly wage rate applicable
under the provisions of this section. The Administrator, or his
authorized representative, shall have power to make such regulations
or orders as are necessary or appropriate to carry out any of the
provisions of this paragraph, including the power without limiting
the generality of the foregoing, to define any operation or
occupation which is performed by such home work employees in Puerto
Rico or the Virgin Islands; to establish minimum piece rates for any
operation or occupation so defined; to prescribe the method and
procedure for ascertaining and promulgating minimum piece rates; to
prescribe standards for employer piece rates, including the
proportion or class of employees who shall receive not less than the
minimum hourly wage rate; to define the term ``home worker''; and to
prescribe the conditions under which employers, agents, contractors,
and subcontractors shall cause goods to be produced by home workers;
(3) if such employee is employed in American Samoa, in lieu of
the rate or rates provided by this subsection or subsection (b) of
this section, not less than the applicable rate established by the
Secretary of Labor in accordance with recommendations of a special
industry committee or committees which he shall appoint pursuant to
sections 205 and 208 of this title. The minimum wage rate thus
established shall not exceed the rate prescribed in paragraph (1) of
this subsection;
(4) if such employee is employed as a seaman on an American
vessel, not less than the rate which will provide to the employee,
for the period covered by the wage payment, wages equal to
compensation at the hourly rate prescribed by paragraph (1) of this
subsection for all hours during such period when he was actually on
duty (including periods aboard ship when the employee was on watch
or was, at the direction of a superior officer, performing work or
standing by, but not including off-duty periods which are provided
pursuant to the employment agreement); or
(5) if such employee is employed in agriculture, not less than
the minimum wage rate in effect under paragraph (1) after December
31, 1977.
(b) Additional applicability to employees pursuant to subsequent
amendatory provisions
Every employer shall pay to each of his employees (other than an
employee to whom subsection (a)(5) of this section applies) who in any
workweek is engaged in commerce or in the production of goods for
commerce, or is employed in an enterprise engaged in commerce or in the
production of goods for commerce, and who in such workweek is brought
within the purview of this section by the amendments made to this
chapter by the Fair Labor Standards Amendments of 1966, title IX of the
Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or the Fair Labor
Standards Amendments of 1974, wages at the following rate: Effective
after December 31, 1977, not less than the minimum wage rate in effect
under subsection (a)(1) of this section.
(c) Repealed. Pub. L. 104-188, [title II], Sec. 2104(c), Aug. 20, 1996,
110 Stat. 1929
(d) Prohibition of sex discrimination
(1) No employer having employees subject to any provisions of this
section shall discriminate, within any establishment in which such
employees are employed, between employees on the basis of sex by paying
wages to employees in such establishment at a rate less than the rate at
which he pays wages to employees of the opposite sex in such
establishment for equal work on jobs the performance of which requires
equal skill, effort, and responsibility, and which are performed under
similar working conditions, except where such payment is made pursuant
to (i) a seniority system; (ii) a merit system; (iii) a system which
measures earnings by quantity or quality of production; or (iv) a
differential based on any other factor other than sex: Provided, That an
employer who is paying a wage rate differential in violation of this
subsection shall not, in order to comply with the provisions of this
subsection, reduce the wage rate of any employee.
(2) No labor organization, or its agents, representing employees of
an employer having employees subject to any provisions of this section
shall cause or attempt to cause such an employer to discriminate against
an employee in violation of paragraph (1) of this subsection.
(3) For purposes of administration and enforcement, any amounts
owing to any employee which have been withheld in violation of this
subsection shall be deemed to be unpaid minimum wages or unpaid overtime
compensation under this chapter.
(4) As used in this subsection, the term ``labor organization''
means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and
which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
(e) Employees of employers providing contract services to United States
(1) Notwithstanding the provisions of section 213 of this title
(except subsections (a)(1) and (f) thereof), every employer providing
any contract services (other than linen supply services) under a
contract with the United States or any subcontract thereunder shall pay
to each of his employees whose rate of pay is not governed by the
Service Contract Act of 1965 (41 U.S.C. 351-357) or to whom subsection
(a)(1) of this section is not applicable, wages at rates not less than
the rates provided for in subsection (b) of this section.
(2) Notwithstanding the provisions of section 213 of this title
(except subsections (a)(1) and (f) thereof) and the provisions of the
Service Contract Act of 1965 [41 U.S.C. 351 et seq.] every employer in
an establishment providing linen supply services to the United States
under a contract with the United States or any subcontract thereunder
shall pay to each of his employees in such establishment wages at rates
not less than those prescribed in subsection (b) of this section, except
that if more than 50 per centum of the gross annual dollar volume of
sales made or business done by such establishment is derived from
providing such linen supply services under any such contracts or
subcontracts, such employer shall pay to each of his employees in such
establishment wages at rates not less than those prescribed in
subsection (a)(1) of this section.
(f) Employees in domestic service
Any employee--
(1) who in any workweek is employed in domestic service in a
household shall be paid wages at a rate not less than the wage rate
in effect under subsection (b) of this section unless such
employee's compensation for such service would not because of
section 209(a)(6) of the Social Security Act [42 U.S.C. 409(a)(6)]
constitute wages for the purposes of title II of such Act [42 U.S.C.
401 et seq.], or
(2) who in any workweek--
(A) is employed in domestic service in one or more
households, and
(B) is so employed for more than 8 hours in the aggregate,
shall be paid wages for such employment in such workweek at a rate not
less than the wage rate in effect under subsection (b) of this section.
(g) Newly hired employees who are less than 20 years old
(1) In lieu of the rate prescribed by subsection (a)(1) of this
section, any employer may pay any employee of such employer, during the
first 90 consecutive calendar days after such employee is initially
employed by such employer, a wage which is not less than $4.25 an hour.
(2) No employer may take any action to displace employees (including
partial displacements such as reduction in hours, wages, or employment
benefits) for purposes of hiring individuals at the wage authorized in
paragraph (1).
(3) Any employer who violates this subsection shall be considered to
have violated section 215(a)(3) of this title.
(4) This subsection shall only apply to an employee who has not
attained the age of 20 years.
(June 25, 1938, ch. 676, Sec. 6, 52 Stat. 1062; June 26, 1940, ch. 432,
Sec. 3(e), (f), 54 Stat. 616; Oct. 26, 1949, ch. 736, Sec. 6, 63 Stat.
912; Aug. 12, 1955, ch. 867, Sec. 3, 69 Stat. 711; Aug. 8, 1956, ch.
1035, Sec. 2, 70 Stat. 1118; Pub. L. 87-30, Sec. 5, May 5, 1961, 75
Stat. 67; Pub. L. 88-38, Sec. 3, June 10, 1963, 77 Stat. 56; Pub. L. 89-
601, title III, Secs. 301-305, Sept. 23, 1966, 80 Stat. 838, 839, 841;
Pub. L. 93-259, Secs. 2-4, 5(b), 7(b)(1), Apr. 8, 1974, 88 Stat. 55, 56,
62; Pub. L. 95-151, Sec. 2(a)-(d)(2), Nov. 1, 1977, 91 Stat. 1245, 1246;
Pub. L. 101-157, Secs. 2, 4(b), Nov. 17, 1989, 103 Stat. 938, 940; Pub.
L. 101-239, title X, Sec. 10208(d)(2)(B)(i), Dec. 19, 1989, 103 Stat.
2481; Pub. L. 104-188, [title II], Secs. 2104(b), (c), 2105(c), Aug. 20,
1996, 110 Stat. 1928, 1929.)
References in Text
The Fair Labor Standards Amendments of 1966, referred to in subsec.
(b), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For complete
classification of this Act to the Code, see Short Title of 1966
Amendment note set out under section 201 of this title and Tables.
The Education Amendments of 1972, referred to in subsec. (b), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the
Act, known as the Patsy Takemoto Mink Equal Opportunity in Education
Act, is classified principally to chapter 38 (Sec. 1681 et seq.) of
Title 20, Education. For complete classification of title IX to the
Code, see Short Title note set out under section 1681 of Title 20 and
Tables.
The Fair Labor Standards Amendments of 1974, referred to in subsec.
(b), is Pub. L. 93-259, Apr. 8, 1974, 88 Stat. 55. For complete
classification of this Act to the Code, see Short Title of 1974
Amendment note set out under section 201 of this title and Tables.
The Service Contract Act of 1965, referred to in subsec. (e)(1),
(2), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which
is classified generally to chapter 6 (Sec. 351 et seq.) of Title 41,
Public Contracts. For complete classification of this Act to the Code,
see Short Title note set out under section 351 of Title 41 and Tables.
The Social Security Act, referred to in subsec. (f)(1), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of such Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-188, Sec. 2104(b), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ``except as
otherwise provided in this section, not less than $3.35 an hour during
the period ending March 31, 1990, not less than $3.80 an hour during the
year beginning April 1, 1990, and not less than $4.25 an hour after
March 31, 1991;''.
Subsec. (c). Pub. L. 104-188, Sec. 2104(c), struck out subsec. (c)
which related to employees in Puerto Rico.
Subsec. (g). Pub. L. 104-188, Sec. 2105(c), added subsec. (g).
1989--Subsec. (a)(1). Pub. L. 101-157, Sec. 2, amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``not less than
$2.65 an hour during the year beginning January 1, 1978, not less than
$2.90 an hour during the year beginning January 1, 1979, not less than
$3.10 an hour during the year beginning January 1, 1980, and not less
than $3.35 an hour after December 31, 1980, except as otherwise provided
in this section;''.
Subsec. (a)(3). Pub. L. 101-157, Sec. 4(b)(1), substituted
``pursuant to sections 205 and 208 of this title'' for ``in the same
manner and pursuant to the same provisions as are applicable to the
special industry committees provided for Puerto Rico and the Virgin
Islands by this chapter as amended from time to time. Each such
committee shall have the same powers and duties and shall apply the same
standards with respect to the application of the provisions of this
chapter to employees employed in American Samoa as pertain to special
industry committees established under section 205 of this title with
respect to employees employed in Puerto Rico or the Virgin Islands''.
Subsec. (c). Pub. L. 101-157, Sec. 4(b)(2), amended subsec. (c)
generally, substituting provisions relating to the application of wage
rates under subsec. (a)(1) to employees in Puerto Rico for provisions
relating to the superseding of subsec. (a)(1) wage rates by wage orders
of a special industry committee for employees in Puerto Rico and the
Virgin Islands.
Subsec. (f)(1). Pub. L. 101-239 substituted ``209(a)(6)'' for
``209(g)''.
1977--Subsec. (a)(1). Pub. L. 95-151, Sec. 2(a), substituted ``not
less than $2.65 an hour during the year beginning January 1, 1978, not
less than $2.90 an hour during the year beginning January 1, 1979, not
less than $3.10 an hour during the year beginning January 1, 1980, and
not less than $3.35 an hour after December 1, 1980'' for ``not less than
$2 an hour during the period ending December 31, 1974, not less than
$2.10 an hour during the year beginning January 1, 1975, and not less
than $2.30 an hour after December 31, 1975''.
Subsec. (a)(5). Pub. L. 95-151, Sec. 2(b), substituted provisions
for a minimum wage rate of not less than the minimum wage rate in effect
under par. (1) after Dec. 31, 1977, for provisions for a minimum wage
rate of not less than $1.60 an hour during the period ending Dec. 31,
1974, $1.80 an hour during the year beginning Jan. 1, 1975, $2 an hour
during the year beginning Jan. 1, 1976, $2.20 an hour during the year
beginning Jan. 1, 1977, and $2.30 an hour after Dec. 31, 1977.
Subsec. (b). Pub. L. 95-151, Sec. 2(c), substituted provisions for a
minimum wage rate, effective after Dec. 31, 1977, of not less than the
minimum wage rate in effect under subsec. (a)(1) of this section, for
provisions for a minimum wage rate of not less than $1.90 an hour during
the period ending Dec. 31, 1974, not less than $2 an hour during the
year beginning Jan. 1, 1975, not less than $2.20 an hour during the year
beginning Jan. 1, 1976, and not less than $2.30 an hour after Dec. 31,
1976.
Subsec. (c)(1). Pub. L. 95-151, Sec. 2(d)(2)(A), inserted ``(A)''
before ``heretofore'' and cl. (B), and substituted ``subsection (a)(1)''
for ``subsections (a) and (b)''.
Subsec. (c)(2). Pub. L. 95-151, Sec. 2(d)(1), added par. (2). Former
par. (2), relating to applicability, etc., of wage rate orders effective
on the effective date of the Fair Labor Standards Amendments of 1974,
and effective on the first day of the second and each subsequent year
after such date, was struck out.
Subsec. (c)(3). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (C),
redesignated par. (5) as (3) and substituted references to subsec.
(a)(1) of this section, for references to subsec. (a) or (b) of this
section. Former par. (3), relating to appointment of a special industry
committee for recommendations with respect to highest minimum wage rates
for employees employed in Puerto Rico or the Virgin Islands subject to
the amendments to this chapter by the Fair Labor Standards Amendments of
1974, was struck out.
Subsec. (c)(4). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (D),
redesignated par. (6) as (4) and struck out ``or (3)'' after ``(2)''.
Former par. (4), relating to wage rates of employees in Puerto Rico or
the Virgin Islands subject to the former provisions of subsec. (c)(2)(A)
or (3) of this section, was struck out.
Subsec. (c)(5), (6). Pub. L. 95-151, Sec. 2(d)(2)(B), redesignated
pars. (5) and (6) as (3) and (4), respectively.
1974--Subsec. (a)(1). Pub. L. 93-259, Sec. 2, substituted ``not less
than $2 an hour during the period ending December 31, 1974, not less
than $2.10 an hour during the year beginning January 1, 1975, and not
less than $2.30 an hour after December 31, 1975'' for ``not less than
$1.40 an hour during the first year from the effective date of the Fair
Labor Standards Amendments of 1966 and not less than $1.60 an hour
thereafter''.
Subsec. (a)(5). Pub. L. 93-259, Sec. 4, substituted provisions for a
minimum wage rate not less than: $1.60 an hour during period ending Dec.
31, 1974; $1.80, $2, and $2.20 an hour during years beginning Jan. 1,
1975, 1976, and 1977, respectively; and $2.30 an hour after Dec. 31,
1977 for former provisions for a minimum wage rate not less than $1 an
hour during first year from the effective date of the Fair Labor
Standards Amendments of 1966, not less than $1.15 an hour during second
year from such date, and not less than $1.30 an hour thereafter.
Subsec. (b). Pub. L. 93-259, Sec. 3, inserted references to ``title
II of the Education Amendments of 1972'' and ``Fair Labor Standards
Amendments of 1974'' and substituted provisions for a minimum wage rate
not less than $1.90 an hour during period ending Dec. 31, 1974; $2 and
$2.20 an hour during years beginning Jan. 1, 1975, and 1976,
respectively; and $2.30 an hour after Dec. 31, 1976 for former
provisions for a minimum wage rate not less than: $1 an hour during
first year from effective date of Fair Labor Standards Amendments of
1966; $1.15, $1.30, and $1.45 an hour during second, third, and fourth
years from such date; and $1.60 an hour thereafter.
Subsec. (c)(2) to (6). Pub. L. 93-259, Sec. 5(b), added pars. (2) to
(6) and struck out former pars. (2) to (4) which had provided:
``(2) In the case of any such employee who is covered by such a wage
order and to whom the rate or rates prescribed by subsection (a) of this
section would otherwise apply, the following rates shall apply:
``(A) The rate or rates applicable under the most recent wage
order issued by the Secretary prior to the effective date of the
Fair Labor Standards Amendments of 1966, increased by 12 per centum,
unless such rate or rates are superseded by the rate or rates
prescribed in a wage order issued by the Secretary pursuant to the
recommendations of a review committee appointed under paragraph (C).
Such rate or rates shall become effective sixty days after the
effective date of the Fair Labor Standards Amendments of 1966 or one
year from the effective date of the most recent wage order
applicable to such employee therefore issued by the Secretary
pursuant to the recommendations of a special industry committee
appointed under section 205 of this title, whichever is later.
``(B) Beginning one year after the applicable effective date
under paragraph (A), not less than the rate or rates prescribed by
paragraph (A), increased by an amount equal to 16 per centum of the
rate or rates applicable under the most recent wage order issued by
the Secretary prior to the effective date of the Fair Labor
Standards Amendments of 1966, unless such rate or rates are
superseded by the rate or rates prescribed in a wage order issued by
the Secretary pursuant to the recommendations of a review committee
appointed under paragraph (C).
``(C) Any employer, or group of employers, employing a majority
of the employees in an industry in Puerto Rico or the Virgin
Islands, may apply to the Secretary in writing for the appointment
of a review committee to recommend the minimum rate or rates to be
paid such employees in lieu of the rate or rates provided by
paragraph (A) or (B). Any such application with respect to any rate
or rates provided for under paragraph (A) shall be filed within
sixty days following the enactment of the Fair Labor Standards
Amendments of 1966 and any such application with respect to any rate
or rates provided for under paragraph (B) shall be filed not more
than one hundred and twenty days and not less than sixty days prior
to the effective date of the applicable rate or rates under
paragraph (B). The Secretary shall promptly consider such
application and may appoint a review committee if he has reasonable
cause to believe, on the basis of financial and other information
contained in the application, that compliance with any applicable
rate or rates prescribed by paragraph (A) or (B) will substantially
curtail employment in such industry. The Secretary's decision upon
any such application shall be final. Any wage order issued pursuant
to the recommendations of a review committee appointed under this
paragraph shall take effect on the applicable effective date
provided in paragraph (A) or (B).
``(D) In the event a wage order has not been issued pursuant to
the recommendation of a review committee prior to the applicable
effective date under paragraph (A) or (B), the applicable percentage
increase provided by any such paragraph shall take effect on the
effective date prescribed therein, except with respect to the
employees of an employer who filed an application under paragraph
(C) and who files with the Secretary an undertaking with a surety or
sureties satisfactory to the Secretary for payment to his employees
of an amount sufficient to compensate such employees for the
difference between the wages they actually receive and the wages to
which they are entitled under this subsection. The Secretary shall
be empowered to enforce such undertaking and any sums recovered by
him shall be held on a special deposit account and shall be paid, on
order of the Secretary, directly to the employee or employees
affected. Any such sum not paid to an employee because of inability
to do so within a period of three years shall be covered into the
Treasury of the United States as miscellaneous receipts.
``(3) In the case of any such employee to whom subsection (a)(5) or
subsection (b) of this section would otherwise apply, the Secretary
shall within sixty days after the effective date of the Fair Labor
Standards Amendments of 1966 appoint a special industry committee in
accordance with section 205 of this title to recommend the highest
minimum wage rate or rates in accordance with the standards prescribed
by section 208 of this title, but not in excess of the applicable rate
provided by subsection (a)(5) or subsection (b) of this section, to be
applicable to such employee in lieu of the rate or rates prescribed by
subsection (a)(5) or subsection (b) of this section, as the case may be.
The rate or rates recommended by the special industry committee shall be
effective with respect to such employee upon the effective date of the
wage order issued pursuant to such recommendation but not before sixty
days after the effective date of the Fair Labor Standards Amendments of
1966.
``(4) The provisions of sections 205 and 208 of this title, relating
to special industry committees, shall be applicable to review committees
appointed under this subsection. The appointment of a review committee
shall be in addition to and not in lieu of any special industry
committee required to be appointed pursuant to the provisions of
subsection (a) of section 208 of this title, except that no special
industry committee shall hold any hearing within one year after a
minimum wage rate or rates for such industry shall have been recommended
to the Secretary by a review committee to be paid in lieu of the rate or
rates provided for under paragraph (A) or (B). The minimum wage rate or
rates prescribed by this subsection shall be in effect only for so long
as and insofar as such minimum wage rate or rates have not been
superseded by a wage order fixing a higher minimum wage rate or rates
(but not in excess of the applicable rate prescribed in subsection (a)
or subsection (b) of this section) hereafter issued by the Secretary
pursuant to the recommendation of a special industry committee.''
Subsec. (f). Pub. L. 93-259, Sec. 7(b)(1), added subsec. (f).
1966--Subsec. (a). Pub. L. 89-601, Sec. 301(a), inserted ``, or is
employed in an enterprise engaged in commerce or in the production of
goods for commerce,'' in opening provisions.
Subsec. (a)(1). Pub. L. 89-601, Sec. 301(a), raised minimum wage to
not less than $1.40 an hour during first year from the effective date of
the Fair Labor Standards Amendments of 1966, and not less than $1.60
thereafter, except as otherwise provided in this section.
Subsec. (a)(4). Pub. L. 89-601, Sec. 301(b), added par. (4).
Subsec. (a)(5). Pub. L. 89-601, Sec. 302, added par. (5).
Subsec. (b). Pub. L. 89-601, Sec. 303, substituted provisions for a
minimum wage for employees covered for first time by the Fair Labor
Standards Amendments of 1966 (other than newly covered agricultural
employees) at not less than $1 an hour during first year from the
effective date of the 1966 amendments, not less than $1.15 an hour
during second year from such date, not less than $1.30 an hour during
third year from such date, not less than $1.45 an hour during fourth
year from such date, and not less than $1.60 an hour thereafter, for
provisions setting a timetable for increases in the minimum wage of
employees first covered by the Fair Labor Standards Amendments of 1961.
Subsec. (c). Pub. L. 89-601, Sec. 304, provided for a percentage
minimum wage increase for employees in Puerto Rico and the Virgin
Islands who are covered by wage orders already in effect as the
equivalent of the percentage increase on the mainland, provided for
minimum wages for employees brought within coverage of this chapter for
the first time by the Fair Labor Standards Amendments of 1966 at rates
to be set by special industry committees so as to reach as rapidly as is
economically feasible without substantially curtailing employment the
objectives of the minimum wage prescribed for mainland employees, and
eliminated the review committees that has been established by the Fair
Labor Standards Amendments of 1961.
Subsec. (e). Pub. L. 89-601, Sec. 305, added subsec. (e).
1963--Subsec. (d). Pub. L. 88-38 added subsec. (d).
1961--Subsec. (a). Pub. L. 87-30, Sec. 5(a)(1), inserted ``in any
workweek'' in opening provisions.
Subsec. (a)(1). Pub. L. 87-30, Sec. 5(a)(2), increased minimum wage
from not less than $1 an hour to not less than $1.15 an hour during
first two years from the effective date of the Fair Labor Standards
Amendments of 1961, and not less than $1.25 an hour thereafter.
Subsec. (a)(3). Pub. L. 87-30, Sec. 5(a)(3), inserted ``in lieu of
the rate or rates provided by this subsection or subsection (b) of this
section'' and ``as amended from time to time'' and struck out ``now''
before ``applicable to''.
Subsec. (b). Pub. L. 87-30, Sec. 5(b), added subsec. (b). Former
subsec. (b) had provided that ``This section shall take effect upon the
expiration of one hundred and twenty days from June 25, 1938.''
Subsec. (c). Pub. L. 87-30, Sec. 5(c), added subsec. (c). Former
subsec. (c) had provided for wage orders recommended by special
industrial committees and covering employees in Puerto Rico and the
Virgin Islands to supersede minimum wages of $1 an hour and for
continuance of wage orders in effect prior to effective date of this
chapter until superseded by wage orders recommended by the special
industrial committees.
1956--Subsec. (a)(3). Act Aug. 8, 1956, added par. (3).
1955--Subsec. (a)(1). Act Aug. 12, 1955, increased minimum wage from
not less than 75 cents an hour to not less than $1 an hour.
1949--Subsec. (a). Act Oct. 26, 1949, Sec. 6(a), (b), struck out
subpars. (1), (2), (3), and (4), inserted subpar. (1) fixing the minimum
wage rate at not less than 75 cents an hour, and redesignated subpar.
(5) as (2).
Subsec. (c). Act Oct. 26, 1949, Sec. 6(c), continued existing
minimum wage rates in Puerto Rico and the Virgin Islands until
superseded by special industry committee wage orders.
1940--Subsec. (a)(5). Act June 26, 1940, added par. (5).
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section
15(a) of Pub. L. 95-151, set out as a note under section 203 of this
title.
Effective Date of 1974 Amendment
Amendment by sections 2 to 4 and 7(b)(1) of Pub. L. 93-259 effective
May 1, 1974, see section 29(a) of Pub. L. 93-259, set out as a note
under section 202 of this title.
Section 5(b) of Pub. L. 93-259 provided that the amendment made by
that section is effective Apr. 8, 1974.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as
otherwise provided, see section 602 of Pub. L. 89-601, set out as a note
under section 203 of this title.
Effective Date of 1963 Amendment
Section 4 of Pub. L. 88-38 provided that: ``The amendments made by
this Act [amending this section and enacting provisions set out below]
shall take effect upon the expiration of one year from the date of its
enactment [June 10, 1963]: Provided, That in the case of employees
covered by a bona fide collective bargaining agreement in effect at
least thirty days prior to the date of enactment of this Act [June 10,
1963], entered into by a labor organization as defined in section
6(d)(4) of the Fair Labor Standards Act of 1938, as amended [subsec.
(d)(4) of this section], the amendments made by this Act shall take
effect upon the termination of such collective bargaining agreement or
upon the expiration of two years from the date of enactment of this Act
[June 10, 1963], whichever shall first occur.''
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-30 effective upon expiration of one hundred
and twenty days after May 5, 1961, except as otherwise provided, see
section 14 of Pub. L. 87-30, set out as a note under section 203 of this
title.
Effective Date of 1955 Amendment
Section 3 of act Aug. 12, 1955, provided that the amendment made by
that section is effective Mar. 1, 1956.
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Transfer of Functions
Functions relating to enforcement and administration of equal pay
provisions vested by this section in Secretary of Labor and
Administrator of Wage and Hour Division of Department of Labor
transferred to Equal Employment Opportunity Commission by Reorg. Plan
No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out in the
Appendix to Title 5, Government Organization and Employees, effective
Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec.
28, 1978, 44 F.R. 1053.
Functions of all other officers of Department of Labor and functions
of all agencies and employees of that Department, with exception of
functions vested by Administrative Procedure Act (now covered by
sections 551 et seq. and 701 et seq. of Title 5, Government Organization
and Employees) in hearing examiners employed by Department, transferred
to Secretary of Labor, with power vested in him to authorize their
performance or performance of any of his functions by any of those
officers, agencies, and employees, by Reorg. Plan No. 6 of 1950,
Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to
Title 5.
Training Wage
Section 6 of Pub. L. 101-157 provided that:
``(a) In General.--
``(1) Authority.--Any employer may, in lieu of the minimum wage
prescribed by section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), pay an eligible employee the wage prescribed by
paragraph (2)--
``(A) while such employee is employed for the period
authorized by subsection (g)(1)(B)(i), or
``(B) while such employee is engaged in on-the-job training
for the period authorized by subsection (g)(1)(B)(ii).
``(2) Wage rate.--The wage referred to in paragraph (1) shall be
a wage--
``(A) of not less than $3.35 an hour during the year
beginning April 1, 1990; and
``(B) beginning April 1, 1991, of not less than $3.35 an
hour or 85 percent of the wage prescribed by section 6 of such
Act, whichever is greater.
``(b) Wage Period.--An employer may pay an eligible employee the
wage authorized by subsection (a) for a period that--
``(1) begins on or after April 1, 1990;
``(2) does not exceed the maximum period during which an
employee may be paid such wage as determined under subsection
(g)(1)(B); and
``(3) ends before April 1, 1993.
``(c) Wage Conditions.--No eligible employee may be paid the wage
authorized by subsection (a) by an employer if--
``(1) any other individual has been laid off by such employer
from the position to be filled by such eligible employee or from any
substantially equivalent position; or
``(2) such employer has terminated the employment of any regular
employee or otherwise reduced the number of employees with the
intention of filling the vacancy so created by hiring an employee to
be paid such wage.
``(d) Limitations.--
``(1) Employee hours.--During any month in which employees are
to be employed in an establishment under this section, the
proportion of employee hours of employment to the total hours of
employment of all employees in such establishment may not exceed a
proportion equal to one-fourth of the total hours of employment of
all employees in such establishment.
``(2) Displacement.--
``(A) Prohibition.--No employer may take any action to
displace employees (including partial displacements such as
reduction in hours, wages, or employment benefits) for purposes
of hiring individuals at the wage authorized in subsection (a).
``(B) Disqualification.--If the Secretary determines that an
employer has taken an action in violation of subparagraph (A),
the Secretary shall issue an order disqualifying such employer
from employing any individual at such wage.
``(e) Notice.--Each employer shall provide to any eligible employee
who is to be paid the wage authorized by subsection (a) a written notice
before the employee begins employment stating the requirements of this
section and the remedies provided by subsection (f) for violations of
this section. The Secretary shall provide to employers the text of the
notice to be provided under this subsection.
``(f) Enforcement.--Any employer who violates this section shall be
considered to have violated section 15(a)(3) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29
U.S.C. 216 and 217) shall apply with respect to the violation.
``(g) Definitions.--For purposes of this section:
``(1) Eligible employee.--
``(A) In general.--The term `eligible employee' means with
respect to an employer an individual who--
``(i) is not a migrant agricultural worker or a seasonal
agricultural worker (as defined in paragraphs (8) and (10)
of section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802(8) and (10)) without regard
to subparagraph (B) of such paragraphs and is not a
nonimmigrant described in section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a));
``(ii) has not attained the age of 20 years; and
``(iii) is eligible to be paid the wage authorized by
subsection (a) as determined under subparagraph (B).
``(B) Duration.--
``(i) An employee shall initially be eligible to be paid
the wage authorized by subsection (a) until the employee has
been employed a cumulative total of 90 days at such wage.
``(ii) An employee who has been employed by an employer
at the wage authorized by subsection (a) for the period
authorized by clause (i) may be employed by any other
employer for an additional 90 days if the employer meets the
requirements of subsection (h).
``(iii) The total period, as authorized by clauses (i)
and (ii), that an employee may be paid the wage authorized
by subsection (a) may not exceed 180 days.
``(iv) For purposes of this subparagraph, the term
`employer' means with respect to an employee an employer who
is required to withhold payroll taxes for such employee.
``(C) Proof.--
``(i) In general.--An individual is responsible for
providing the requisite proof of previous period or periods
of employment with other employers. An employer's good faith
reliance on the proof presented to the employer by an
individual shall constitute a complete defense to a charge
that the employer has violated subsection (b)(2) with
respect to such individual.
``(ii) Regulations.--The Secretary of Labor shall issue
regulations defining the requisite proof required of an
individual. Such regulations shall establish minimal
requirements for requisite proof and may prescribe that an
accurate list of the individual's employers and a statement
of the dates and duration of employment with each employer
constitute requisite proof.
``(2) On-the-job training.--The term `on-the-job training' means
training that is offered to an individual while employed in
productive work that provides training, technical and other related
skills, and personal skills that are essential to the full and
adequate performance of such employment.
``(h) Employer Requirements.--An employer who wants to employ
employees at the wage authorized by subsection (a) for the period
authorized by subsection (g)(1)(B)(ii) shall--
``(1) notify the Secretary annually of the positions at which
such employees are to be employed at such wage,
``(2) provide on-the-job training to such employees which meets
general criteria of the Secretary issued by regulation after
consultation with the Committee on Labor and Human Resources of the
Senate and the Committee on Education and Labor [now Committee on
Education and the Workforce] of the House of Representatives and
other interested persons,
``(3) keep on file a copy of the training program which the
employer will provide such employees,
``(4) provide a copy of the training program to the employees,
``(5) post in a conspicuous place in places of employment a
notice of the types of jobs for which the employer is providing on-
the-job training, and
``(6) send to the Secretary on an annual basis a copy of such
notice.
The Secretary shall make available to the public upon request notices
provided to the Secretary by employers in accordance with paragraph (6).
``(i) Report.--The Secretary of Labor shall report to Congress not
later than March 1, 1993, on the effectiveness of the wage authorized by
subsection (a). The report shall include--
``(1) an analysis of the impact of such wage on employment
opportunities for inexperienced workers;
``(2) any reduction in employment opportunities for experienced
workers resulting from the employment of employees under such wage;
``(3) the nature and duration of the training provided under
such wage; and
``(4) the degree to which employers used the authority to pay
such wage.''
Practice of Public Agency in Treating Certain Individuals as Volunteers
Prior to April 15, 1986; Liability
Certain public agencies not to be liable for violations of this
section occurring before Apr. 15, 1986, with respect to services deemed
by that agency to have been performed for it by an individual on a
voluntary basis, see section 4(c) of Pub. L. 99-150, set out as a note
under section 203 of this title.
Effect of Amendments by Public Law 99-150 on Public Agency Liability
Respecting any Employee Covered Under Special Enforcement Policy
Amendment by Pub. L. 99-150 not to affect liability of certain
public agencies under section 216 of this title for violation of this
section occurring before Apr. 15, 1986, see section 7 of Pub. L. 99-150,
set out as a note under section 216 of this title.
Inapplicability to Northern Mariana Islands
Pursuant to section 503(c) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands with the United States of
America, as set forth in Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263,
set out as a note under section 1801 of Title 48, Territories and
Insular Possessions, this section is inapplicable to the Northern
Mariana Islands.
Rules, Regulations, and Orders Promulgated With Regard to 1966
Amendments
Secretary authorized to promulgate necessary rules, regulations, or
orders on and after the date of the enactment of Pub. L. 89-601, Sept.
23, 1966, with regard to the amendments made by Pub. L. 89-601, see
section 602 of Pub. L. 89-601, set out as a note under section 203 of
this title.
Congressional Finding and Declaration of Policy
Section 2 of Pub. L. 88-38 provided that:
``(a) The Congress hereby finds that the existence in industries
engaged in commerce or in the production of goods for commerce of wage
differentials based on sex--
``(1) depresses wages and living standards for employees
necessary for their health and efficiency;
``(2) prevents the maximum utilization of the available labor
resources;
``(3) tends to cause labor disputes, thereby burdening,
affecting, and obstructing commerce;
``(4) burdens commerce and the free flow of goods in commerce;
and
``(5) constitutes an unfair method of competition.
``(b) It is hereby declared to be the policy of this Act [amending
this section, and enacting provisions set out as notes under this
section], through exercise by Congress of its power to regulate commerce
among the several States and with foreign nations, to correct the
conditions above referred to in such industries.''
Definition of ``Administrator''
The term ``Administrator'' as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
Section Referred to in Other Sections
This section is referred to in sections 203, 205, 207, 208, 213,
214, 215, 216, 218, 721, 2617, 2931 of this title; title 2 sections 60k,
1313; title 3 section 413; title 5 sections 2302, 5343, 5349, 7702;
title 7 sections 2015, 2026; title 10 section 1588; title 15 section
1673; title 20 section 1085; title 21 section 849; title 22 sections
2506, 3905, 3967, 3968, 3969, 4131; title 24 section 422; title 26
section 45B; title 38 sections 1720, 3485; title 41 section 351; title
42 sections 300e-9, 431, 1320b-22, 1396d, 2000e-2, 2753, 3056, 3056d,
8009, 8011, 9848.
