§ 207. — Maximum hours.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC207]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 207. Maximum hours
(a) Employees engaged in interstate commerce; additional applicability
to employees pursuant to subsequent amendatory provisions
(1) Except as otherwise provided in this section, no employer shall
employ any of his employees who in any workweek is engaged in commerce
or in the production of goods for commerce, or is employed in an
enterprise engaged in commerce or in the production of goods for
commerce, for a workweek longer than forty hours unless such employee
receives compensation for his employment in excess of the hours above
specified at a rate not less than one and one-half times the regular
rate at which he is employed.
(2) No employer shall employ any of his employees who in any
workweek is engaged in commerce or in the production of goods for
commerce, or is employed in an enterprise engaged in commerce or in the
production of goods for commerce, and who in such workweek is brought
within the purview of this subsection by the amendments made to this
chapter by the Fair Labor Standards Amendments of 1966--
(A) for a workweek longer than forty-four hours during the first
year from the effective date of the Fair Labor Standards Amendments
of 1966,
(B) for a workweek longer than forty-two hours during the second
year from such date, or
(C) for a workweek longer than forty hours after the expiration
of the second year from such date,
unless such employee receives compensation for his employment in excess
of the hours above specified at a rate not less than one and one-half
times the regular rate at which he is employed.
(b) Employment pursuant to collective bargaining agreement; employment
by independently owned and controlled local enterprise engaged
in distribution of petroleum products
No employer shall be deemed to have violated subsection (a) of this
section by employing any employee for a workweek in excess of that
specified in such subsection without paying the compensation for
overtime employment prescribed therein if such employee is so employed--
(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona fide by
the National Labor Relations Board, which provides that no employee
shall be employed more than one thousand and forty hours during any
period of twenty-six consecutive weeks; or
(2) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona fide by
the National Labor Relations Board, which provides that during a
specified period of fifty-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
(C) not more than 25 per centum of the annual dollar volume
of sales of such enterprise is to customers who are engaged in
the bulk distribution of such products for resale,
and such employee receives compensation for employment in excess of
forty hours in any workweek at a rate not less than one and 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 fifty-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, Sec. 19(e), Apr. 8, 1974, 88 Stat. 66
(e) ``Regular rate'' defined
As used in this section the ``regular rate'' at which an employee is
employed shall be deemed to include all remuneration for employment paid
to, or on behalf of, the employee, but shall not be deemed to include--
(1) sums paid as gifts; payments in the nature of gifts made at
Christmas time or on other special occasions, as a reward for
service, the amounts of which are not measured by or dependent on
hours worked, production, or efficiency;
(2) payments made for occasional periods when no work is
performed due to vacation, holiday, illness, failure of the employer
to provide sufficient work, or other similar cause; reasonable
payments for traveling expenses, or other expenses, incurred by an
employee in the furtherance of his employer's interests and properly
reimbursable by the employer; and other similar payments to an
employee which are not made as compensation for his hours of
employment;
(3) Sums \1\ paid in recognition of services performed during a
given period if either, (a) both the fact that payment is to be made
and the amount of the payment are determined at the sole discretion
of the employer at or near the end of the period and not pursuant to
any prior contract, agreement, or promise causing the employee to
expect such payments regularly; or (b) the payments are made
pursuant to a bona fide profit-sharing plan or trust or bona fide
thrift or savings plan, meeting the requirements of the
Administrator set forth in appropriate regulations which he shall
issue, having due regard among other relevant factors, to the extent
to which the amounts paid to the employee are determined without
regard to hours of work, production, or efficiency; or (c) the
payments are talent fees (as such talent fees are defined and
delimited by regulations of the Administrator) paid to performers,
including announcers, on radio and television programs;
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\1\ So in original. Probably should not be capitalized.
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(4) contributions irrevocably made by an employer to a trustee
or third person pursuant to a bona fide plan for providing old-age,
retirement, life, accident, or health insurance or similar benefits
for employees;
(5) extra compensation provided by a premium rate paid for
certain hours worked by the employee in any day of 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,\2\ where such premium rate is
not less than one and one-half times the rate established in good
faith by the contract or agreement for like work performed during
such workday or workweek; or
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\2\ So in original. The comma probably should be preceded by a
closing parenthesis.
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(8) any value or income derived from employer-provided grants or
rights provided pursuant to a stock option, stock appreciation
right, or bona fide employee stock purchase program which is not
otherwise excludable under any of paragraphs (1) through (7) if--
(A) grants are made pursuant to a program, the terms and
conditions of which are communicated to participating employees
either at the beginning of the employee's participation in the
program or at the time of the grant;
(B) in the case of stock options and stock appreciation
rights, the grant or right cannot be exercisable for a period of
at least 6 months after the time of grant (except that grants or
rights may become exercisable because of an employee's death,
disability, retirement, or a change in corporate ownership, or
other circumstances permitted by regulation), and the exercise
price is at least 85 percent of the fair market value of the
stock at the time of grant;
(C) exercise of any grant or right is voluntary; and
(D) any determinations regarding the award of, and the
amount of, employer-provided grants or rights that are based on
performance are--
(i) made based upon meeting previously established
performance criteria (which may include hours of work,
efficiency, or productivity) of any business unit consisting
of at least 10 employees or of a facility, except that, any
determinations may be based on length of service or minimum
schedule of hours or days of work; or
(ii) made based upon the past performance (which may
include any criteria) of one or more employees in a given
period so long as the determination is in the sole
discretion of the employer and not pursuant to any prior
contract.
(f) Employment necessitating irregular hours of work
No employer shall be deemed to have violated subsection (a) 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 fide
individual contract, or pursuant to an agreement made as a result of
collective bargaining by representatives of employees, if the duties of
such employee necessitate irregular hours of work, and the contract or
agreement (1) specifies a regular rate of pay of not less than the
minimum hourly rate provided in subsection (a) or (b) of section 206 of
this title (whichever may be applicable) and compensation at not less
than one and one-half times such rate for all hours worked in excess of
such maximum workweek, and (2) provides a weekly guaranty of pay for not
more than sixty hours based on the rates so specified.
(g) Employment at piece rates
No employer shall be deemed to have violated subsection (a) 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 fide piece rates applicable to the same work when performed
during nonovertime hours; or
(2) in the case of an employee performing two or more kinds of
work for which different hourly or piece rates have been
established, is computed at rates not less than one and one-half
times such bona fide rates applicable to the same work when
performed during nonovertime hours; or
(3) is computed at a rate not less than one and one-half times
the rate established by such agreement or understanding as the basic
rate to be used in computing overtime compensation thereunder:
Provided, That the rate so established shall be authorized by
regulation by the Administrator as being substantially equivalent to
the average hourly earnings of the employee, exclusive of overtime
premiums, in the particular work over a representative period of
time;
and if (i) the employee's average hourly earnings for the workweek
exclusive of payments 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 (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 specified therein,
if (1) the regular rate of pay of such employee is in excess of one and
one-half times the minimum hourly rate applicable to him under section
206 of this title, and (2) more than half his compensation for a
representative period (not less than one month) represents commissions
on goods or services. In determining the proportion of compensation
representing commissions, all earnings resulting from the application of
a bona fide commission rate shall be deemed commissions on goods or
services without regard to whether the computed commissions exceed the
draw or guarantee.
(j) Employment in hospital or establishment engaged in care of sick,
aged, or mentally ill
No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care of
the sick, the aged, or the mentally ill or defective who reside on the
premises shall be deemed to have violated subsection (a) 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 fire 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 fire
protection activities or any employee in law enforcement activities
(including security personnel in correctional institutions) if--
(1) in a work period of 28 consecutive days the employee
receives for tours of duty which in the aggregate exceed the lesser
of (A) 216 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 specified 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 defined by the Secretary of Agriculture),
or in auction sale, buying, handling, stemming, redrying,
packing, and storing of such tobacco,
(B) in auction sale, buying, handling, sorting, grading,
packing, or storing green leaf tobacco of type 32 (as such type
is defined by the Secretary of Agriculture), or
(C) in auction sale, buying, handling, stripping, sorting,
grading, sizing, packing, or stemming prior to packing, of
perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46,
51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the
Secretary of Agriculture); and
(2) receives for--
(A) such employment by such employer which is in excess of
ten hours in any workday, and
(B) such employment by such employer which is in excess of
forty-eight hours in any workweek,
compensation at a rate not less than one and one-half times the
regular rate at which he is employed.
An employer who receives an exemption under this subsection shall not be
eligible for any other exemption under this section.
(n) Employment by street, suburban, or interurban electric railway, or
local trolley or motorbus carrier
In the case of an employee of an employer engaged in the business of
operating a street, suburban or interurban electric railway, or local
trolley or motorbus carrier (regardless of whether or not such railway
or carrier is public or private or operated for profit or not for
profit), in determining the hours of employment of such an employee to
which the rate prescribed by subsection (a) 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 off at a rate not less than one and one-
half hours for each hour of employment for which overtime compensation
is required by this section.
(2) A public agency may provide compensatory time under paragraph
(1) only--
(A) pursuant to--
(i) applicable provisions of a collective bargaining
agreement, memorandum of understanding, or any other agreement
between the public agency and representatives of such employees;
or
(ii) in the case of employees not covered by subclause (i),
an agreement or understanding arrived at between the employer
and employee before the performance of the work; and
(B) if the employee has not accrued compensatory time in excess
of the limit applicable to the employee prescribed by paragraph (3).
In the case of employees described in clause (A)(ii) hired prior to
April 15, 1986, the regular practice in effect on April 15, 1986, with
respect to compensatory time off for such employees in lieu of the
receipt of overtime compensation, shall constitute an agreement or
understanding under such clause (A)(ii). Except as provided in the
previous sentence, the provision of compensatory time off to such
employees for hours worked after April 14, 1986, shall be in accordance
with this subsection.
(3)(A) If the work of an employee for which compensatory time may be
provided included work in a public safety activity, an emergency
response activity, or a seasonal activity, the employee engaged in such
work may accrue not more than 480 hours of compensatory time for hours
worked after April 15, 1986. If such work was any other work, the
employee engaged in such work may accrue not more than 240 hours of
compensatory time for hours worked after April 15, 1986. Any such
employee who, after April 15, 1986, has accrued 480 or 240 hours, as the
case may be, of compensatory time off shall, for additional overtime
hours of work, be paid overtime compensation.
(B) If compensation is paid to an employee for accrued compensatory
time off, such compensation shall be paid at the regular rate earned by
the employee at the time the employee receives such payment.
(4) An employee who has accrued compensatory time off authorized to
be provided under paragraph (1) shall, upon termination of employment,
be paid for the unused compensatory time at a rate of compensation not
less than--
(A) the average regular rate received by such employee during
the last 3 years of the employee's employment, or
(B) the final regular rate received by such employee,
whichever is higher \3\
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\3\ So in original. Probably should be followed by a period.
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(5) An employee of a public agency which is a State, political
subdivision of a State, or an interstate governmental agency--
(A) who has accrued compensatory time off authorized to be
provided under paragraph (1), and
(B) who has requested the use of such compensatory time,
shall be permitted by the employee's employer to use such time within a
reasonable period after making the request if the use of the
compensatory time does not unduly disrupt the operations of the public
agency.
(6) The hours an employee of a public agency performs court
reporting transcript preparation duties shall not be considered as hours
worked for the purposes of subsection (a) 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,
(ii) the maximum rate otherwise established by a judicial or
administrative officer and in effect on July 1, 1995, or
(iii) the rate freely negotiated between the employee and
the party requesting the transcript, other than the judge who
presided over the proceedings being transcribed, and
(B) the hours spent performing such duties are outside of the
hours such employee performs other work (including hours for which
the agency requires the employee's attendance) pursuant to the
employment relationship with such public agency.
For purposes of this section, the amount paid such employee in
accordance with subparagraph (A) for the performance of court reporting
transcript preparation duties, shall not be considered in the
calculation of the regular rate at which such employee is employed.
(7) For purposes of this subsection--
(A) the term ``overtime compensation'' means the compensation
required by subsection (a), and
(B) the terms ``compensatory time'' and ``compensatory time
off'' mean hours during which an employee is not working, which are
not counted as hours worked during the 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 fire protection and law enforcement
employees; occasional or sporadic employment; substitution
(1) If an individual who is employed by a State, political
subdivision of a State, or an interstate governmental agency in fire
protection or law enforcement activities (including activities of
security personnel in correctional institutions) and who, solely at such
individual's option, agrees to be employed on a special detail by a
separate or independent employer in fire protection, law enforcement, or
related activities, the hours such individual was employed by such
separate and independent employer shall be excluded by the public agency
employing such individual in the calculation of the hours for which the
employee is entitled to overtime compensation under this section if the
public agency--
(A) requires that its employees engaged in fire protection, law
enforcement, or security activities be hired by a separate and
independent employer to perform the special detail,
(B) facilitates the employment of such employees by a separate
and independent employer, or
(C) otherwise affects the condition of employment of such
employees by a separate and independent employer.
(2) If an employee of a public agency which is a State, political
subdivision of a State, or an interstate governmental agency undertakes,
on an occasional or sporadic basis and solely at the employee's option,
part-time employment for the public agency which is in a different
capacity from any capacity in which the employee is regularly employed
with the public agency, the hours such employee was employed in
performing the different employment shall be excluded by the public
agency in the calculation of the hours for which the employee is
entitled to overtime compensation under this section.
(3) If an individual who is employed in any capacity by a public
agency which is a State, political subdivision of a State, or an
interstate governmental agency, agrees, with the approval of the public
agency and solely at the option of such individual, to substitute during
scheduled work hours for another individual who is employed by such
agency in the same capacity, the hours such employee worked as a
substitute shall be excluded by the public agency in the calculation of
the hours for which the employee is entitled to overtime compensation
under this section.
(q) Maximum hour exemption for employees receiving remedial education
Any employer may employ any employee for a period or periods of not
more than 10 hours in the aggregate in any workweek in excess of the
maximum workweek specified in subsection (a) 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 specific training.
(June 25, 1938, ch. 676, Sec. 7, 52 Stat. 1063; Oct. 29, 1941, ch. 461,
55 Stat. 756; July 20, 1949, ch. 352, Sec. 1, 63 Stat. 446; Oct. 26,
1949, ch. 736, Sec. 7, 63 Stat. 912; Pub. L. 87-30, Sec. 6, May 5, 1961,
75 Stat. 69; Pub. L. 89-601, title II, Secs. 204(c), (d), 212(b), title
IV, Secs. 401-403, Sept. 23, 1966, 80 Stat. 835-837, 841, 842; Pub. L.
93-259, Secs. 6(c)(1), 7(b)(2), 9(a), 12(b), 19, 21(a), Apr. 8, 1974, 88
Stat. 60, 62, 64, 66, 68; Pub. L. 99-150, Secs. 2(a), 3(a)-(c)(1), Nov.
13, 1985, 99 Stat. 787, 789; Pub. L. 101-157, Sec. 7, Nov. 17, 1989, 103
Stat. 944; Pub. L. 104-26, Sec. 2, Sept. 6, 1995, 109 Stat. 264; Pub. L.
106-202, Sec. 2(a), (b), May 18, 2000, 114 Stat. 308, 309.)
References in Text
The Fair Labor Standards Amendments of 1966, referred to in subsec.
(a)(2), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For complete
classification of this Act to the Code, see Short Title of 1966
Amendment note set out under section 201 of this title and Tables.
The effective date of the Fair Labor Standards Amendments of 1966,
referred to in subsec. (a)(2)(A), means the effective date of Pub. L.
89-601, which is Feb. 1, 1967 except as otherwise provided, see section
602 of Pub. L. 89-601, set out as an Effective Date of 1966 Amendment
note under section 203 of this title.
Section 6(c)(3) of the Fair Labor Standards Amendments of 1974,
referred to in subsec. (k)(1), is Pub. L. 93-259, Sec. 6(c)(3), Apr. 8,
1974, 88 Stat. 61, which is set out as a note under section 213 of this
title.
Amendments
2000--Subsec. (e)(8). Pub. L. 106-202, Sec. 2(a), added par. (8).
Subsec. (h). Pub. L. 106-202, Sec. 2(b), designated existing
provisions as par. (2) and added par. (1).
1995--Subsec. (o)(6), (7). Pub. L. 104-26 added par. (6) and
redesignated former par. (6) as (7).
1989--Subsec. (q). Pub. L. 101-157 added subsec. (q).
1985--Subsec. (o). Pub. L. 99-150, Sec. 2(a), added subsec. (o).
Subsec. (p). Pub. L. 99-150, Sec. 3(a)-(c)(1), added subsec. (p).
1974--Subsec. (c). Pub. L. 93-259, Sec. 19(a), (b), substituted
``seven workweeks'' for ``ten workweeks'', ``ten workweeks'' for
``fourteen workweeks'' and ``forty-eight hours'' for ``fifty hours''
effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted ``five
workweeks'' for ``seven workweeks'' and ``seven workweeks'' for ``ten
workweeks'' effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d),
substituted ``three workweeks'' for ``five workweeks'' and ``five
workweeks'' for ``seven workweeks'' effective Jan. 1, 1976. Pub. L. 93-
259, Sec. 19(e), repealed subsec. (c) effective Dec. 31, 1976.
Subsec. (d). Pub. L. 93-259, Sec. 19(a), (b), substituted ``seven
workweeks'' for ``ten workweeks'', ``ten workweeks'' for ``fourteen
workweeks'' and ``forty-eight hours'' for ``fifty hours'' effective May
1, 1974. Pub. L. 93-259, Sec. 19(c), substituted ``five workweeks'' for
``seven workweeks'' and ``seven workweeks'' for ``ten workweeks''
effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted ``three
workweeks'' for ``five workweeks'' and ``five workweeks'' for ``seven
workweeks'' effective Jan. 1, 1976. Pub. L. 93-259, Sec. 19(e), repealed
subsec. (d) effective Dec. 31, 1976.
Subsec. (j). Pub. L. 93-259, Sec. 12(b), extended provision
excepting from being considered a subsec. (a) violation agreements or
undertakings between employers and employees respecting consecutive work
period and overtime compensation to agreements between employers engaged
in operation of an establishment which is an institution primarily
engaged in the care of the sick, the aged, or the mentally ill or
defective who reside on the premises and employees respecting
consecutive work period and overtime compensation.
Subsec. (k). Pub. L. 93-259, Sec. 6(c)(1)(D), effective Jan. 1,
1978, substituted in par. (1) ``exceed the lesser of (A) 216 hours, or
(B) the average number of hours (as determined by the Secretary pursuant
to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in
tours of duty of employees engaged in such activities in work periods of
28 consecutive days in calendar year 1975'' for ``exceed 216 hours'' and
inserted in par. (2) ``(or if lower, the number of hours referred to in
clause (B) of paragraph (1)''.
Pub. L. 93-259, Sec. 6(c)(1)(C), substituted ``216 hours'' for ``232
hours'', wherever appearing, effective Jan. 1, 1977.
Pub. L. 93-259, Sec. 6(c)(1)(B), substituted ``232 hours'' for ``240
hours'', wherever appearing, effective Jan. 1, 1976.
Pub. L. 93-259, Sec. 6(c)(1)(A), added subsec. (k), effective Jan.
1, 1975.
Subsec. (l). Pub. L. 93-259, Sec. 7(b)(2), added subsec. (l).
Subsec. (m). Pub. L. 93-259, Sec. 9(a), added subsec. (m).
Subsec. (n). Pub. L. 93-259, Sec. 21(a), added subsec. (n).
1966--Subsec. (a). Pub. L. 89-601, Sec. 401, retained provision for
40-hour workweek and compensation for employment in excess of 40 hours
at not less than one and one-half times the regular rate of pay and
substituted provisions setting out a phased timetable for the workweek
in the case of employees covered by the overtime provisions for the
first time under the Fair Labor Standards Amendments of 1966 beginning
at 44 hours during the first year from the effective date of the Fair
Labor Standards Amendments of 1966, 42 hours during the second year from
such date, and 40 hours after the expiration of the second year from
such date, for provisions giving a phased timetable for workweeks in the
case of employees first covered under the provisions of the Fair Labor
Standards Amendments of 1961.
Subsec. (b)(3). Pub. L. 89-601, Sec. 212(b), substituted provisions
granting an overtime exemption for petroleum distribution employees if
they receive compensation for the hours of employment in excess of 40
hours in any workweek at a rate not less than one and one-half times the
applicable minimum wage rate and if the enterprises do an annual gross
sales volume of less than $1,000,000, if more than 75 per centum of such
enterprise's annual dollar volume of sales is made within the state in
which the enterprise is located, and not more than 25 per centum of the
annual dollar volume is to customers who are engaged in the bulk
distribution of such products for resale for provisions covering
employees for a period of not more than 14 workweeks in the aggregate in
any calendar year in an industry found to be of a seasonal nature.
Subsec. (c). Pub. L. 89-601, Sec. 204(c), substituted provisions for
an overtime exemption of 10 weeks in any calendar year or 14 weeks in
the case of an employer not qualifying for the exemption in subsec. (d)
of this section, limited to 10 hours a day and 50 hours a week,
applicable to employees employed in seasonal industries which are not
engaged in agricultural processing, for provisions granting a year-round
unlimited exemption applicable to employees of employers engaged in
first processing of milk into dairy products, cotton compressing and
ginning, cottonseed processing, and the processing of certain farm
products into sugar, and granting a 14-week unlimited exemption
applicable to employees of employers engaged in first processing of
perishable or seasonal fresh fruits or vegetables first processing
within the area of production of any agricultural commodity during a
seasonal operation, or the handling or slaughtering of livestock and
poultry.
Subsec. (d). Pub. L. 89-601, Sec. 204(c), added subsec. (d). Former
subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 89-601, Sec. 204(d)(1), redesignated
former subsecs. (d) and (e) as (e) and (f) respectively. Former subsec.
(f) redesignated (g).
Subsecs. (g), (h). Pub. L. 89-601, Sec. 204(d)(1), (2), redesignated
former subsecs. (f) and (g) as subsecs. (g) and (h) respectively, and in
subsecs. (g) and (h) as so redesignated, substituted reference to
``subsection (e)'' for reference to ``subsection (d).'' Former subsec.
(h) redesignated (i).
Subsec. (i). Pub. L. 89-601, Secs. 204(d)(1), 402, redesignated
former subsec. (h) as (i) and inserted provision that, in determining
the proportion of compensation representing commissions, all earnings
resulting from the application of a bona fide commission rate shall be
deemed commissions on goods or services without regard to whether the
computed commissions exceed the draw or guarantee.
Subsec. (j). Pub. L. 89-601, Sec. 403, added subsec. (j).
1961--Subsec. (a). Pub. L. 87-30, Sec. 6(a), designated existing
provisions as par. (1), inserted ``in any workweek'', and added par.
(2).
Subsec. (b)(2). Pub. L. 87-30, Sec. 6(b), substituted ``in excess of
the maximum workweek applicable to such employee under subsection (a) of
this section'' for ``in excess of forty hours in the workweek''.
Subsec. (d)(5), (7). Pub. L. 87-30, Sec. 6(c), (d), substituted ``in
excess of the maximum workweek applicable to such employee under
subsection (a) of this section'' for ``forty in a workweek'' in par. (5)
and ``the maximum workweek applicable to such employee under subsection
(a) of this section'' for ``forty hours'' in par. (7).
Subsec. (e). Pub. L. 87-30, Sec. 6(e), substituted ``the maximum
workweek applicable to such employee under subsection (a) of this
section'', ``subsection (a) or (b) of section 206 of this title
(whichever may be applicable'' and ``such maximum'' for ``forty hours'',
``section 206(a) of this title'' and ``forty in any'', respectively.
Subsec. (f). Pub. L. 87-30, Sec. 6(f), substituted ``the maximum
workweek applicable to such employee under subsection'' for ``forty
hours'' in two places.
Subsec. (h). Pub. L. 87-30, Sec. 6(g), added subsec. (h).
1949--Subsec. (a). Act Oct. 26, 1949, continued requirement that
employment in excess of 40 hours in a workweek be compensated at rate
not less than 1\1/2\ times regular rate except as to employees
specifically exempted.
Subsec. (b)(1). Act Oct. 26, 1949, increased employment period
limitation from one thousand hours to one thousand and forty hours in
semi-annual agreements.
Subsec. (b)(2). Act Oct. 26, 1949, increased employment period
limitation from two thousand and eighty hours to two thousand two
hundred and forty hours in annual agreements, fixed minimum and maximum
guaranteed employment periods, and provided for overtime rate for hours
worked in excess of the guaranty.
Subsec. (c). Act Oct. 26, 1949, added buttermilk to commodities
listed for first processing.
Subsec. (d). Act Oct. 26, 1949, struck out former subsec. (d) and
inserted a new subsec. (d) defining regular rate with certain specified
types of payments excepted.
Subsec. (e) added by act July 20, 1949, and amended by act Oct. 26,
1949, which determined compensation to be paid for irregular hours of
work.
Subsecs. (f) and (g). Act Oct. 26, 1949, added subsecs. (f) and (g).
1941--Subsec. (b)(2) amended by act Oct. 29, 1941.
Effective Date of 2000 Amendment
Pub. L. 106-202, Sec. 2(c), May 18, 2000, 114 Stat. 309, provided
that: ``The amendments made by this section [amending this section]
shall take effect on the date that is 90 days after the date of
enactment of this Act [May 18, 2000].''
Effective Date of 1995 Amendment
Section 3 of Pub. L. 104-26 provided that: ``The amendments made by
section 2 [amending this section] shall apply after the date of the
enactment of this Act [Sept. 6, 1995] and with respect to actions
brought in a court after the date of the enactment of this Act.''
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section 6
of Pub. L. 99-150, set out as a note under section 203 of this title.
Effective Date of 1974 Amendment
Section 6(c)(1)(A)-(D) of Pub. L. 93-259 provided that the
amendments made by that section are effective Jan. 1, 1975, 1976, 1977,
and 1978, respectively.
Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a) of
Pub. L. 93-259 effective May 1, 1974, see section 29(a) of Pub. L. 93-
259, set out as a note under section 202 of this title.
Section 19(c)-(e) of Pub. L. 93-259 provided that the amendments and
repeals made by that section are effective Jan. 1, 1975, Jan. 1, 1976,
and Dec. 31, 1976, respectively.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as
otherwise provided, see section 602 of Pub. L. 89-601, set out as a note
under section 203 of this title.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-30 effective upon expiration of one hundred
and twenty days after May 5, 1961, except as otherwise provided, see
section 14 of Pub. L. 87-30, set out as a note under section 203 of this
title.
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Regulations
Pub. L. 106-202, Sec. 2(e), May 18, 2000, 114 Stat. 309, provided
that: ``The Secretary of Labor may promulgate such regulations as may be
necessary to carry out the amendments made by this Act [amending this
section].''
Transfer of Functions
Functions of all other officers of Department of Labor and functions
of all agencies and employees of that Department, with exception of
functions vested by Administrative Procedure Act (now covered by
sections 551 et seq. and 701 et seq. of Title 5, Government Organization
and Employees) in hearing examiners 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.
Liability of Employers
Pub. L. 106-202, Sec. 2(d), May 18, 2000, 114 Stat. 309, provided
that: ``No employer shall be liable under the Fair Labor Standards Act
of 1938 [29 U.S.C. 201 et seq.] for any failure to include in an
employee's regular rate (as defined for purposes of such Act) any income
or value derived from employer-provided grants or rights obtained
pursuant to any stock option, stock appreciation right, or employee
stock purchase program if--
``(1) the grants or rights were obtained before the effective
date described in subsection (c) [set out as an Effective Date of
2000 Amendment note above];
``(2) the grants or rights were obtained within the 12-month
period beginning on the effective date described in subsection (c),
so long as such program was in existence on the date of enactment of
this Act [May 18, 2000] and will require shareholder approval to
modify such program to comply with section 7(e)(8) of the Fair Labor
Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as added by the
amendments made by subsection (a)); or
``(3) such program is provided under a collective bargaining
agreement that is in effect on the effective date described in
subsection (c).''
Compensatory Time; Collective Bargaining Agreements in Effect on April
15, 1986
Section 2(b) of Pub. L. 99-150 provided that: ``A collective
bargaining agreement which is in effect on April 15, 1986, and which
permits compensatory time off in lieu of overtime compensation shall
remain in effect until its expiration date unless otherwise modified,
except that compensatory time shall be provided after April 14, 1986, in
accordance with section 7(o) of the Fair Labor Standards Act of 1938 (as
added by subsection (a)) [29 U.S.C. 207(o)].''
Deferment of Monetary Overtime Compensation
Section 2(c)(2) of Pub. L. 99-150 provided that: ``A State,
political subdivision of a State, or interstate governmental agency may
defer until August 1, 1986, the payment of monetary overtime
compensation under section 7 of the Fair Labor Standards Act of 1938 [29
U.S.C. 207] for hours worked after April 14, 1986.''
Effect of Amendments by Public Law 99-150 on Public Agency Liability
Respecting any Employee Covered Under Special Enforcement Policy
Amendment by Pub. L. 99-150 not to affect liability of certain
public agencies under section 216 of this title for violation of this
section occurring before Apr. 15, 1986, see section 7 of Pub. L. 99-150,
set out as a note under section 216 of this title.
Rules, Regulations, and Orders Promulgated With Regard to 1966
Amendments
Secretary authorized to promulgate necessary rules, regulations, or
orders on and after the date of the enactment of Pub. L. 89-601, Sept.
23, 1966, with regard to the amendments made by Pub. L. 89-601, see
section 602 of Pub. L. 89-601, set out as a note under section 203 of
this title.
Study by Secretary of Labor of Excessive Overtime
Pub. L. 89-601, title VI, Sec. 603, Sept. 23, 1966, 80 Stat. 844,
directed Secretary of Labor to make a complete study of practices
dealing with overtime payments for work in excess of forty hours per
week and the extent to which such overtime work impeded the creation of
new job opportunities in American industry and instructed him to report
to the Congress by July 1, 1967, the findings of such survey with
appropriate recommendations.
Ex. Ord. No. 9607. Forty-Eight Hour Wartime Workweek
Ex. Ord. No. 9607, Aug. 30, 1945, 10 F.R. 11191, provided:
By virtue of the authority vested in me by the Constitution and
statutes as President of the United States it is ordered that Executive
Order 9301 of February 9, 1943 [8 F.R. 1825] (formerly set out as note
under this section), establishing a minimum wartime workweek of forty-
eight hours, be, and it is hereby, revoked.
Harry S Truman.
Definition of ``Administrator''
The term ``Administrator'' as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
Section Referred to in Other Sections
This section is referred to in sections 203, 211, 213, 214, 215,
216, 216b, 218, 2611, 2617 of this title; title 2 section 1313; title 3
section 413; title 5 sections 5542, 5543, 5544, 5545b, 6123, 6128; title
41 sections 35, 355.
