§ 213. — Exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC213]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 213. Exemptions
(a) Minimum wage and maximum hour requirements
The provisions of sections 206 (except subsection (d) in the case of
paragraph (1) of this subsection) and 207 of this title shall not apply
with respect to--
(1) any employee employed in a bona fide executive,
administrative, or professional capacity (including any employee
employed in the capacity of academic administrative personnel or
teacher in elementary or secondary schools), or in the capacity of
outside salesman (as such terms are defined and delimited from time
to time by regulations of the Secretary, subject to the provisions
of subchapter II of chapter 5 of title 5, except that an employee of
a retail or service establishment shall not be excluded from the
definition of employee employed in a bona fide executive or
administrative capacity because of the number of hours in his
workweek which he devotes to activities not directly or closely
related to the performance of executive or administrative
activities, if less than 40 per centum of his hours worked in the
workweek are devoted to such activities); or
(2) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103
Stat. 939.
(3) any employee employed by an establishment which is an
amusement or recreational establishment, organized camp, or
religious or non-profit educational conference center, if (A) it
does not operate for more than seven months in any calendar year, or
(B) during the preceding calendar year, its average receipts for any
six months of such year were not more than 33\1/3\ per centum of its
average receipts for the other six months of such year, except that
the exemption from sections 206 and 207 of this title provided by
this paragraph does not apply with respect to any employee of a
private entity engaged in providing services or facilities (other
than, in the case of the exemption from section 206 of this title, a
private entity engaged in providing services and facilities directly
related to skiing) in a national park or a national forest, or on
land in the National Wildlife Refuge System, under a contract with
the Secretary of the Interior or the Secretary of Agriculture; or
(4) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103
Stat. 939.
(5) any employee employed in the catching, taking, propagating,
harvesting, cultivating, or farming of any kind of fish, shellfish,
crustacea, sponges, seaweeds, or other aquatic forms of animal and
vegetable life, or in the first processing, canning or packing such
marine products at sea as an incident to, or in conjunction with,
such fishing operations, including the going to and returning from
work and loading and unloading when performed by any such employee;
or
(6) any employee employed in agriculture (A) if such employee is
employed by an employer who did not, during any calendar quarter
during the preceding calendar year, use more than five hundred man-
days of agricultural labor, (B) if such employee is the parent,
spouse, child, or other member of his employer's immediate family,
(C) if such employee (i) is employed as a hand harvest laborer and
is paid on a piece rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid on a piece
rate basis in the region of employment, (ii) commutes daily from his
permanent residence to the farm on which he is so employed, and
(iii) has been employed in agriculture less than thirteen weeks
during the preceding calendar year, (D) if such employee (other than
an employee described in clause (C) of this subsection) (i) is
sixteen years of age or under and is employed as a hand harvest
laborer, is paid on a piece rate basis in an operation which has
been, and is customarily and generally recognized as having been,
paid on a piece rate basis in the region of employment, (ii) is
employed on the same farm as his parent or person standing in the
place of his parent, and (iii) is paid at the same piece rate as
employees over age sixteen are paid on the same farm, or (E) if such
employee is principally engaged in the range production of
livestock; or
(7) any employee to the extent that such employee is exempted by
regulations, order, or certificate of the Secretary issued under
section 214 of this title; or
(8) any employee employed in connection with the publication of
any weekly, semiweekly, or daily newspaper with a circulation of
less than four thousand the major part of which circulation is
within the county where published or counties contiguous thereto; or
(9) Repealed. Pub. L. 93-259, Sec. 23(a)(1), Apr. 8, 1974, 88
Stat. 69.
(10) any switchboard operator employed by an independently owned
public telephone company which has not more than seven hundred and
fifty stations; or
(11) Repealed. Pub. L. 93-259, Sec. 10(a), Apr. 8, 1974, 88
Stat. 63.
(12) any employee employed as a seaman on a vessel other than an
American vessel; or
(13), (14) Repealed. Pub. L. 93-259, Secs. 9(b)(1), 23(b)(1),
Apr. 8, 1974, 88 Stat. 63, 69.
(15) any employee employed on a casual basis in domestic service
employment to provide babysitting services or any employee employed
in domestic service employment to provide companionship services for
individuals who (because of age or infirmity) are unable to care for
themselves (as such terms are defined and delimited by regulations
of the Secretary); or
(16) a criminal investigator who is paid availability pay under
section 5545a of title 5; or
(17) any employee who is a computer systems analyst, computer
programmer, software engineer, or other similarly skilled worker,
whose primary duty is--
(A) the application of systems analysis techniques and
procedures, including consulting with users, to determine
hardware, software, or system functional specifications;
(B) the design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to user or
system design specifications;
(C) the design, documentation, testing, creation, or
modification of computer programs related to machine operating
systems; or
(D) a combination of duties described in subparagraphs (A),
(B), and (C) the performance of which requires the same level of
skills, and
who, in the case of an employee who is compensated on an hourly
basis, is compensated at a rate of not less than $27.63 an hour.
(b) Maximum hour requirements
The provisions of section 207 of this title shall not apply with
respect to--
(1) any employee with respect to whom the Secretary of
Transportation has power to establish qualifications and maximum
hours of service pursuant to the provisions of section 31502 of
title 49; or
(2) any employee of an employer engaged in the operation of a
rail carrier subject to part A of subtitle IV of title 49; or
(3) any employee of a carrier by air subject to the provisions
of title II of the Railway Labor Act [45 U.S.C. 181 et seq.]; or
(4) Repealed. Pub. L. 93-259, Sec. 11(c), Apr. 8, 1974, 88 Stat.
64.
(5) any individual employed as an outside buyer of poultry,
eggs, cream, or milk, in their raw or natural state; or
(6) any employee employed as a seaman; or
(7) Repealed. Pub. L. 93-259, Sec. 21(b)(3), Apr. 8, 1974, 88
Stat. 68.
(8) Repealed. Pub. L. 95-151, Sec. 14(b), Nov. 1, 1977, 91 Stat.
1252.
(9) any employee employed as an announcer, news editor, or chief
engineer by a radio or television station the major studio of which
is located (A) in a city or town of one hundred thousand population
or less, according to the latest available decennial census figures
as compiled by the Bureau of the Census, except where such city or
town is part of a standard metropolitan statistical area, as defined
and designated by the Office of Management and Budget, which has a
total population in excess of one hundred thousand, or (B) in a city
or town of twenty-five thousand population or less, which is part of
such an area but is at least 40 airline miles from the principal
city in such area; or
(10)(A) any salesman, partsman, or mechanic primarily engaged in
selling or servicing automobiles, trucks, or farm implements, if he
is employed by a nonmanufacturing establishment primarily engaged in
the business of selling such vehicles or implements to ultimate
purchasers; or
(B) any salesman primarily engaged in selling trailers, boats,
or aircraft, if he is employed by a nonmanufacturing establishment
primarily engaged in the business of selling trailers, boats, or
aircraft to ultimate purchasers; or
(11) any employee employed as a driver or driver's helper making
local deliveries, who is compensated for such employment on the
basis of trip rates, or other delivery payment plan, if the
Secretary shall find that such plan has the general purpose and
effect of reducing hours worked by such employees to, or below, the
maximum workweek applicable to them under section 207(a) of this
title; or
(12) any employee employed in agriculture or in connection with
the operation or maintenance of ditches, canals, reservoirs, or
waterways, not owned or operated for profit, or operated on a
sharecrop basis, and which are used exclusively for supply and
storing of water, at least 90 percent of which was ultimately
delivered for agricultural purposes during the preceding calendar
year; or
(13) any employee with respect to his employment in agriculture
by a farmer, notwithstanding other employment of such employee in
connection with livestock auction operations in which such farmer is
engaged as an adjunct to the raising of livestock, either on his own
account or in conjunction with other farmers, if such employee (A)
is primarily employed during his workweek in agriculture by such
farmer, and (B) is paid for his employment in connection with such
livestock auction operations at a wage rate not less than that
prescribed by section 206(a)(1) of this title; or
(14) any employee employed within the area of production (as
defined by the Secretary) by an establishment commonly recognized as
a country elevator, including such an establishment which sells
products and services used in the operation of a farm, if no more
than five employees are employed in the establishment in such
operations; or
(15) any employee engaged in the processing of maple sap into
sugar (other than refined sugar) or syrup; or
(16) any employee engaged (A) in the transportation and
preparation for transportation of fruits or vegetables, whether or
not performed by the farmer, from the farm to a place of first
processing or first marketing within the same State, or (B) in
transportation, whether or not performed by the farmer, between the
farm and any point within the same State of persons employed or to
be employed in the harvesting of fruits or vegetables; or
(17) any driver employed by an employer engaged in the business
of operating taxicabs; or
(18), (19) Repealed. Pub. L. 93-259, Secs. 15(c), 16(b), Apr. 8,
1974, 88 Stat. 65.
(20) any employee of a public agency who in any workweek is
employed in fire protection activities or any employee of a public
agency who in any workweek is employed in law enforcement activities
(including security personnel in correctional institutions), if the
public agency employs during the workweek less than 5 employees in
fire protection or law enforcement activities, as the case may be;
or
(21) any employee who is employed in domestic service in a
household and who resides in such household; or
(22) Repealed. Pub. L. 95-151, Sec. 5, Nov. 1, 1977, 91 Stat.
1249.
(23) Repealed. Pub. L. 93-259, Sec. 10(b)(3), Apr. 8, 1974, 88
Stat. 64.
(24) any employee who is employed with his spouse by a nonprofit
educational institution to serve as the parents of children--
(A) who are orphans or one of whose natural parents is
deceased, or
(B) who are enrolled in such institution and reside in
residential facilities of the institution,
while such children are in residence at such institution, if such
employee and his spouse reside in such facilities, receive, without
cost, board and lodging from such institution, and are together
compensated, on a cash basis, at an annual rate of not less than
$10,000; or
(25), (26) Repealed. Pub. L. 95-151, Secs. 6(a), 7(a), Nov. 1,
1977, 91 Stat. 1249, 1250.
(27) any employee employed by an establishment which is a motion
picture theater; or
(28) any employee employed in planting or tending trees,
cruising, surveying, or felling timber, or in preparing or
transporting logs or other forestry products to the mill, processing
plant, railroad, or other transportation terminal, if the number of
employees employed by his employer in such forestry or lumbering
operations does not exceed eight;
(29) any employee of an amusement or recreational establishment
located in a national park or national forest or on land in the
National Wildlife Refuge System if such employee (A) is an employee
of a private entity engaged in providing services or facilities in a
national park or national forest, or on land in the National
Wildlife Refuge System, under a contract with the Secretary of the
Interior or the Secretary of Agriculture, and (B) receives
compensation for employment in excess of fifty-six hours in any
workweek at a rate not less than one and one-half times the regular
rate at which he is employed; or
(30) a criminal investigator who is paid availability pay under
section 5545a of title 5.
(c) Child labor requirements
(1) Except as provided in paragraph (2) or (4), the provisions of
section 212 of this title relating to child labor shall not apply to any
employee employed in agriculture outside of school hours for the school
district where such employee is living while he is so employed, if such
employee--
(A) is less than twelve years of age and (i) is employed by his
parent, or by a person standing in the place of his parent, on a
farm owned or operated by such parent or person, or (ii) is
employed, with the consent of his parent or person standing in the
place of his parent, on a farm, none of the employees of which are
(because of subsection (a)(6)(A) of this section) required to be
paid at the wage rate prescribed by section 206(a)(5) of this title,
(B) is twelve years or thirteen years of age and (i) such
employment is with the consent of his parent or person standing in
the place of his parent, or (ii) his parent or such person is
employed on the same farm as such employee, or
(C) is fourteen years of age or older.
(2) The provisions of section 212 of this title relating to child
labor shall apply to an employee below the age of sixteen employed in
agriculture in an occupation that the Secretary of Labor finds and
declares to be particularly hazardous for the employment of children
below the age of sixteen, except where such employee is employed by his
parent or by a person standing in the place of his parent on a farm
owned or operated by such parent or person.
(3) The provisions of section 212 of this title relating to child
labor shall not apply to any child employed as an actor or performer in
motion pictures or theatrical productions, or in radio or television
productions.
(4)(A) An employer or group of employers may apply to the Secretary
for a waiver of the application of section 212 of this title to the
employment for not more than eight weeks in any calendar year of
individuals who are less than twelve years of age, but not less than ten
years of age, as hand harvest laborers in an agricultural operation
which has been, and is customarily and generally recognized as being,
paid on a piece rate basis in the region in which such individuals would
be employed. The Secretary may not grant such a waiver unless he finds,
based on objective data submitted by the applicant, that--
(i) the crop to be harvested is one with a particularly short
harvesting season and the application of section 212 of this title
would cause severe economic disruption in the industry of the
employer or group of employers applying for the waiver;
(ii) the employment of the individuals to whom the waiver would
apply would not be deleterious to their health or well-being;
(iii) the level and type of pesticides and other chemicals used
would not have an adverse effect on the health or well-being of the
individuals to whom the waiver would apply;
(iv) individuals age twelve and above are not available for such
employment; and
(v) the industry of such employer or group of employers has
traditionally and substantially employed individuals under twelve
years of age without displacing substantial job opportunities for
individuals over sixteen years of age.
(B) Any waiver granted by the Secretary under subparagraph (A) shall
require that--
(i) the individuals employed under such waiver be employed
outside of school hours for the school district where they are
living while so employed;
(ii) such individuals while so employed commute daily from their
permanent residence to the farm on which they are so employed; and
(iii) such individuals be employed under such waiver (I) for not
more than eight weeks between June 1 and October 15 of any calendar
year, and (II) in accordance with such other terms and conditions as
the Secretary shall prescribe for such individuals' protection.
(5)(A) In the administration and enforcement of the child labor
provisions of this chapter, employees who are 16 and 17 years of age
shall be permitted to load materials into, but not operate or unload
materials from, scrap paper balers and paper box compactors--
(i) that are safe for 16- and 17-year-old employees loading the
scrap paper balers or paper box compactors; and
(ii) that cannot be operated while being loaded.
(B) For purposes of subparagraph (A), scrap paper balers and paper
box compactors shall be considered safe for 16- or 17-year-old employees
to load only if--
(i)(I) the scrap paper balers and paper box compactors meet the
American National Standards Institute's Standard ANSI Z245.5-1990
for scrap paper balers and Standard ANSI Z245.2-1992 for paper box
compactors; or
(II) the scrap paper balers and paper box compactors meet an
applicable standard that is adopted by the American National
Standards Institute after August 6, 1996, and that is certified by
the Secretary to be at least as protective of the safety of minors
as the standard described in subclause (I);
(ii) the scrap paper balers and paper box compactors include an
on-off switch incorporating a key-lock or other system and the
control of the system is maintained in the custody of employees who
are 18 years of age or older;
(iii) the on-off switch of the scrap paper balers and paper box
compactors is maintained in an off position when the scrap paper
balers and paper box compactors are not in operation; and
(iv) the employer of 16- and 17-year-old employees provides
notice, and posts a notice, on the scrap paper balers and paper box
compactors stating that--
(I) the scrap paper balers and paper box compactors meet the
applicable standard described in clause (i);
(II) 16- and 17-year-old employees may only load the scrap
paper balers and paper box compactors; and
(III) any employee under the age of 18 may not operate or
unload the scrap paper balers and paper box compactors.
The Secretary shall publish in the Federal Register a standard that is
adopted by the American National Standards Institute for scrap paper
balers or paper box compactors and certified by the Secretary to be
protective of the safety of minors under clause (i)(II).
(C)(i) Employers shall prepare and submit to the Secretary reports--
(I) on any injury to an employee under the age of 18 that
requires medical treatment (other than first aid) resulting from the
employee's contact with a scrap paper baler or paper box compactor
during the loading, operation, or unloading of the baler or
compactor; and
(II) on any fatality of an employee under the age of 18
resulting from the employee's contact with a scrap paper baler or
paper box compactor during the loading, operation, or unloading of
the baler or compactor.
(ii) The reports described in clause (i) shall be used by the
Secretary to determine whether or not the implementation of subparagraph
(A) has had any effect on the safety of children.
(iii) The reports described in clause (i) shall provide--
(I) the name, telephone number, and address of the employer and
the address of the place of employment where the incident occurred;
(II) the name, telephone number, and address of the employee who
suffered an injury or death as a result of the incident;
(III) the date of the incident;
(IV) a description of the injury and a narrative describing how
the incident occurred; and
(V) the name of the manufacturer and the model number of the
scrap paper baler or paper box compactor involved in the incident.
(iv) The reports described in clause (i) shall be submitted to the
Secretary promptly, but not later than 10 days after the date on which
an incident relating to an injury or death occurred.
(v) The Secretary may not rely solely on the reports described in
clause (i) as the basis for making a determination that any of the
employers described in clause (i) has violated a provision of section
212 of this title relating to oppressive child labor or a regulation or
order issued pursuant to section 212 of this title. The Secretary shall,
prior to making such a determination, conduct an investigation and
inspection in accordance with section 212(b) of this title.
(vi) The reporting requirements of this subparagraph shall expire 2
years after August 6, 1996.
(6) In the administration and enforcement of the child labor
provisions of this chapter, employees who are under 17 years of age may
not drive automobiles or trucks on public roadways. Employees who are 17
years of age may drive automobiles or trucks on public roadways only
if--
(A) such driving is restricted to daylight hours;
(B) the employee holds a State license valid for the type of
driving involved in the job performed and has no records of any
moving violation at the time of hire;
(C) the employee has successfully completed a State approved
driver education course;
(D) the automobile or truck is equipped with a seat belt for the
driver and any passengers and the employee's employer has instructed
the employee that the seat belts must be used when driving the
automobile or truck;
(E) the automobile or truck does not exceed 6,000 pounds of
gross vehicle weight;
(F) such driving does not involve--
(i) the towing of vehicles;
(ii) route deliveries or route sales;
(iii) the transportation for hire of property, goods, or
passengers;
(iv) urgent, time-sensitive deliveries;
(v) more than two trips away from the primary place of
employment in any single day for the purpose of delivering goods
of the employee's employer to a customer (other than urgent,
time-sensitive deliveries);
(vi) more than two trips away from the primary place of
employment in any single day for the purpose of transporting
passengers (other than employees of the employer);
(vii) transporting more than three passengers (including
employees of the employer); or
(viii) driving beyond a 30 mile radius from the employee's
place of employment; and
(G) such driving is only occasional and incidental to the
employee's employment.
For purposes of subparagraph (G), the term ``occasional and incidental''
is no more than one-third of an employee's worktime in any workday and
no more than 20 percent of an employee's worktime in any workweek.
(d) Delivery of newspapers and wreathmaking
The provisions of sections 206, 207, and 212 of this title shall not
apply with respect to any employee engaged in the delivery of newspapers
to the consumer or to any homeworker engaged in the making of wreaths
composed principally of natural holly, pine, cedar, or other evergreens
(including the harvesting of the evergreens or other forest products
used in making such wreaths).
(e) Maximum hour requirements and minimum wage employees
The provisions of section 207 of this title shall not apply with
respect to employees for whom the Secretary of Labor is authorized to
establish minimum wage rates as provided in section 206(a)(3) of this
title, except with respect to employees for whom such rates are in
effect; and with respect to such employees the Secretary may make rules
and regulations providing reasonable limitations and allowing reasonable
variations, tolerances, and exemptions to and from any or all of the
provisions of section 207 of this title if he shall find, after a public
hearing on the matter, and taking into account the factors set forth in
section 206(a)(3) of this title, that economic conditions warrant such
action.
(f) Employment in foreign countries and certain United States
territories
The provisions of sections 206, 207, 211, and 212 of this title
shall not apply with respect to any employee whose services during the
workweek are performed in a workplace within a foreign country or within
territory under the jurisdiction of the United States other than the
following: a State of the United States; the District of Columbia;
Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined
in the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462) [43
U.S.C. 1331 et seq.]; American Samoa; Guam; Wake Island; Eniwetok Atoll;
Kwajalein Atoll; and Johnston Island.
(g) Certain employment in retail or service establishments, agriculture
The exemption from section 206 of this title provided by paragraph
(6) of subsection (a) of this section shall not apply with respect to
any employee employed by an establishment (1) which controls, is
controlled by, or is under common control with, another establishment
the activities of which are not related for a common business purpose
to, but materially support the activities of the establishment employing
such employee; and (2) whose annual gross volume of sales made or
business done, when combined with the annual gross volume of sales made
or business done by each establishment which controls, is controlled by,
or is under common control with, the establishment employing such
employee, exceeds $10,000,000 (exclusive of excise taxes at the retail
level which are separately stated).
(h) Maximum hour requirement: fourteen workweek limitation
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the aggregate
in any calendar year to any employee who--
(1) is employed by such employer--
(A) exclusively to provide services necessary and incidental
to the ginning of cotton in an establishment primarily engaged
in the ginning of cotton;
(B) exclusively to provide services necessary and incidental
to the receiving, handling, and storing of raw cotton and the
compressing of raw cotton when performed at a cotton warehouse
or compress-warehouse facility, other than one operated in
conjunction with a cotton mill, primarily engaged in storing and
compressing;
(C) exclusively to provide services necessary and incidental
to the receiving, handling, storing, and processing of
cottonseed in an establishment primarily engaged in the
receiving, handling, storing, and processing of cottonseed; or
(D) exclusively to provide services necessary and incidental
to the processing of sugar cane or sugar beets in an
establishment primarily engaged in the processing of sugar cane
or sugar beets; and
(2) receives for--
(A) such employment by such employer which is in excess of
ten hours in any workday, and
(B) such employment by such employer which is in excess of
forty-eight hours in any workweek,
compensation at a rate not less than one and one-half times the
regular rate at which he is employed.
Any employer who receives an exemption under this subsection shall not
be eligible for any other exemption under this section or section 207 of
this title.
(i) Cotton ginning
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the aggregate
in any period of fifty-two consecutive weeks to any employee who--
(1) is engaged in the ginning of cotton for market in any place
of employment located in a county where cotton is grown in
commercial quantities; and
(2) receives for any such employment during such workweeks--
(A) in excess of ten hours in any workday, and
(B) in excess of forty-eight hours in any workweek,
compensation at a rate not less than one and one-half times the
regular rate at which he is employed. No week included in any fifty-
two week period for purposes of the preceding sentence may be
included for such purposes in any other fifty-two week period.
(j) Processing of sugar beets, sugar beet molasses, or sugar cane
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the aggregate
in any period of fifty-two consecutive weeks to any employee who--
(1) is engaged in the processing of sugar beets, sugar beet
molasses, or sugar cane into sugar (other than refined sugar) or
syrup; and
(2) receives for any such employment during such workweeks--
(A) in excess of ten hours in any workday, and
(B) in excess of forty-eight hours in any workweek,
compensation at a rate not less than one and one-half times the
regular rate at which he is employed. No week included in any fifty-
two week period for purposes of the preceding sentence may be
included for such purposes in any other fifty-two week period.
(June 25, 1938, ch. 676, Sec. 13, 52 Stat. 1067; Aug. 9, 1939, ch. 605,
53 Stat. 1266; Oct. 26, 1949, ch. 736, Sec. 11, 63 Stat. 917; Aug. 8,
1956, ch. 1035, Sec. 3, 70 Stat. 1118; Pub. L. 85-231, Sec. 1(1), Aug.
30, 1957, 71 Stat. 514; Pub. L. 86-624, Sec. 21(b), July 12, 1960, 74
Stat. 417; Pub. L. 87-30, Secs. 9, 10, May 5, 1961, 75 Stat. 71, 74;
Pub. L. 89-601, title II, Secs. 201-204(a), (b), 205-212(a), 213, 214,
215(b), (c), Sept. 23, 1966, 80 Stat. 833-838; Pub. L. 89-670,
Sec. 8(e), Oct. 15, 1966, 80 Stat. 943; 1970 Reorg. Plan No. 2,
Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 92-
318, title IX, Sec. 906(b)(1), June 23, 1972, 86 Stat. 375; Pub. L. 93-
259, Secs. 6(c)(2), 7(b)(3), (4), 8, 9(b), 10, 11, 12(a), 13(a)-(d), 14-
18, 20(a)-(c), 21(b), 22, 23, 25(b), Apr. 8, 1974, 88 Stat. 61-69, 72;
Pub. L. 95-151, Secs. 4-8, 9(d), 11, 14, Nov. 1, 1977, 91 Stat. 1249,
1250-1252; Pub. L. 96-70, title I, Sec. 1225(a), Sept. 27, 1979, 93
Stat. 468; Pub. L. 101-157, Sec. 3(c), Nov. 17, 1989, 103 Stat. 939;
Pub. L. 103-329, title VI, Sec. 633(d), Sept. 30, 1994, 108 Stat. 2428;
Pub. L. 104-88, title III, Sec. 340, Dec. 29, 1995, 109 Stat. 955; Pub.
L. 104-174, Sec. 1, Aug. 6, 1996, 110 Stat. 1553; Pub. L. 104-188,
[title II], Sec. 2105(a), Aug. 20, 1996, 110 Stat. 1929; Pub. L. 105-78,
title I, Sec. 105, Nov. 13, 1997, 111 Stat. 1477; Pub. L. 105-334,
Sec. 2(a), Oct. 31, 1998, 112 Stat. 3137.)
References in Text
The Railway Labor Act, referred to in subsec. (b)(3), is act May 20,
1926, ch. 347, 44 Stat. 577, as amended. Title II of the Railway Labor
Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is
classified generally to subchapter II (Sec. 181 et seq.) of Title 45,
Railroads. For complete classification of this Act to the Code see
section 151 of Title 45 and Tables.
The Outer Continental Shelf Lands Act, referred to in subsec. (f),
is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
Codification
In subsec. (a)(1), ``subchapter II of chapter 5 of title 5''
substituted for ``the Administrative Procedure Act'' on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
In subsec. (b)(1), ``section 31502 of title 49'' substituted for
``section 3102 of title 49'' on authority of Pub. L. 103-272,
Secs. 1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378.
Previously, ``section 3102 of title 49'' substituted for ``section 204
of the Motor Carrier Act, 1935 [49 U.S.C. 304]'', on authority of Pub.
L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of
which enacted subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et
seq.) of subtitle II of Title 49, Transportation.
Amendments
1998--Subsec. (c)(6). Pub. L. 105-334 added par. (6).
1997--Subsec. (b)(12). Pub. L. 105-78 substituted ``water, at least
90 percent of which was ultimately delivered for agricultural purposes
during the preceding calendar year'' for ``water for agricultural
purposes''.
1996--Subsec. (a)(17). Pub. L. 104-188 added par. (17).
Subsec. (c)(5). Pub. L. 104-174 added par. (5).
1995--Subsec. (b)(2). Pub. L. 104-88 substituted ``rail carrier
subject to part A of subtitle IV of title 49'' for ``common carrier by
rail and subject to the provisions of part I of the Interstate Commerce
Act''.
1994--Subsec. (a)(16). Pub. L. 103-329, Sec. 633(d)(1), added par.
(16).
Subsec. (b)(30). Pub. L. 103-329, Sec. 633(d)(2), added par. (30).
1989--Subsec. (a)(2). Pub. L. 101-157, Sec. 3(c)(1), struck out par.
(2) which related to employees employed by a retail or service
establishment.
Subsec. (a)(4). Pub. L. 101-157, Sec. 3(c)(1), struck out par. (4)
which related to employees employed by an establishment which qualified
as an exempt retail establishment under clause (2) of this subsection
and was recognized as a retail establishment in the particular industry
notwithstanding that such establishment made or processed at the retail
establishment the goods that it sold.
Subsec. (g). Pub. L. 101-157, Sec. 3(c)(2), substituted ``provided
by paragraph (6) of subsection (a) of this section'' for ``provided by
paragraphs (2) and (6) of subsection (a) of this section'' and struck
out before period at end ``, except that the exemption from section 206
of this title provided by paragraph (2) of subsection (a) of this
section shall apply with respect to any establishment described in this
subsection which has an annual dollar volume of sales which would permit
it to qualify for the exemption provided in paragraph (2) of subsection
(a) of this section if it were in an enterprise described in section
203(s) of this title''.
1979--Subsec. (f). Pub. L. 96-70 struck out ``; and the Canal Zone''
after ``Johnston Island''.
1977--Subsec. (a)(2). Pub. L. 95-151, Sec. 9(d), substituted
``section 203(s)(5)'' for ``section 203(s)(4)''.
Subsec. (a)(3). Pub. L. 95-151, Secs. 4(a), 11, inserted ``organized
camp, or religious or non-profit educational conference center,'' after
``recreational establishment,'', and inserted provisions relating to
applicability of exemption from sections 206 and 207 of this title
authorized by this paragraph for private employees in national parks,
etc.
Subsec. (b)(8). Pub. L. 95-151, Sec. 14(a), substituted ``forty-
four'' for ``forty-six''.
Pub. L. 95-151, Sec. 14(b), struck out par. (8) which related to
exemption of hotel, motel, and restaurant employees, effective Jan. 1,
1979.
Subsec. (b)(22). Pub. L. 95-151, Sec. 5, struck out par. (22) which
related to exemption of shade-grown tobacco employees.
Subsec. (b)(25). Pub. L. 95-151, Sec. 6(a), struck out par. (25)
which related to exemption of cotton ginning employees. See subsec. (i)
of this section.
Subsec. (b)(26). Pub. L. 95-151, Sec. 7(a), struck out par. (26)
which related to exemption of sugar employees. See subsec. (j) of this
section.
Subsec. (b)(29). Pub. L. 95-151, Sec. 4(b), added par. (29).
Subsec. (c). Pub. L. 95-151, Sec. 8, in par. (1) inserted reference
to par. (4), and added par. (4).
Subsec. (i). Pub. L. 95-151, Sec. 6(b), added subsec. (i).
Subsec. (j). Pub. L. 95-151, Sec. 7(b), added subsec. (j).
1974--Subsec. (a)(2). Pub. L. 93-259, Sec. 8(a), substituted
``$225,000'' for ``$250,000'' effective Jan. 1, 1975, Pub. L. 93-259,
Sec. 8(b), substituted ``$200,000'' for ``$225,000'' effective Jan. 1,
1976. Pub. L. 93-259, Sec. 8(c), struck out ``or such establishment has
an annual dollar volume of sales which is less than $200,000 (exclusive
of excise taxes at the retail level which are separately stated)'' after
``section 203(s) of this title'' effective Jan. 1, 1977.
Subsec. (a)(9). Pub. L. 93-259, Sec. 23(a)(1), repealed exemption
provision respecting any employee employed by an establishment which is
a motion picture theater. See subsec. (b)(27) of this section.
Subsec. (a)(11). Pub. L. 93-259, Sec. 10(a), repealed exemption
provision respecting any employee or proprietor in a retail or service
establishment which qualifies as an exempt retail or service
establishment under former par. (2) of subsec. (a) with respect to whom
provisions of sections 206 and 207 of this title would not otherwise
apply, engaged in handling telegraphic messages for public under an
agency or contract arrangement with a telegraph company where telegraph
message revenue of such agency does not exceed $500 a month.
Subsec. (a)(13). Pub. L. 93-259, Sec. 23(b)(1), repealed exemption
provision respecting any employee employed in planting or tending trees,
cruising, surveying, or felling timber, or in preparing or transporting
logs or other forestry products to mill, processing plant, railroad, or
other transportation terminal, if number of employees employed by his
employer in such forestry or lumbering operations does not exceed eight.
See subsec. (b)(28) of this section.
Subsec. (a)(14). Pub. L. 93-259, Sec. 9(b)(1), repealed exemption
provision respecting any agricultural employee employed in the growing
and harvesting of shade-grown tobacco who is engaged in processing
(including, but not limited to, drying, curing, fermenting, bulking,
rebulking, sorting, grading, aging, and baling) of such tobacco, prior
to the stemming process, for use as cigar wrapper tobacco. See subsec.
(b)(22) of this section.
Subsec. (a)(15). Pub. L. 93-259, Sec. 7(b)(3), added par. (15).
Subsec. (b)(2). Pub. L. 93-259, Sec. 23(c), amended par. (2)
(insofar as it relates to pipeline employees), inserting ``engaged in
the operation of a common carrier by rail and'' after ``employer''.
Subsec. (b)(4). Pub. L. 93-259, Sec. 11(a), effective May 1, 1974,
inserted ``who is'' after ``employee'' and ``, and who receives
compensation for employment in excess of forty-eight hours in any
workweek at a rate not less than one and one-half times the regular rate
at which he is employed'' before the semi-colon. Pub. L. 93-259,
Sec. 11(b), substituted ``forty-four hours'' for ``forty-eight hours''
effective one year after May 1, 1974. Pub. L. 93-259, Sec. 11(c),
repealed subsec. (b)(4) effective two years after May 1, 1974.
Subsec. (b)(7). Pub. L. 93-259, Sec. 21(b)(1), substituted
``(regardless of whether or not such railway or carrier is public or
private or operated for profit or not for profit), if such employee
receives compensation for employment in excess of forty-eight hours in
any workweek at a rate not less than one and one-half times the regular
rate at which he is employed'' for ``, if the rates and services of such
railway or carrier are subject to regulation by a State or local
agency'' effective May 1, 1974. Pub. L. 93-259, Sec. 21(b)(2),
substituted ``forty-four hours'' for ``forty-eight hours'' effective one
year after May 1, 1974. Pub. L. 93-259, Sec. 21(b)(3) repealed subsec.
(b)(7) effective two years after May 1, 1974.
Subsec. (b)(8). Pub. L. 93-259, Secs. 12(a), 13(a), effective May 1,
1974, insofar as relating to nursing home employees, struck out
exemption provision respecting any employee who is employed by an
establishment which is an institution (other than a hospital) primarily
engaged in the care of the sick, the aged, or the mentally ill or
defective who reside on the premises, and receives compensation for
employment in excess of forty-eight hours in any workweek at a rate not
less than one and one-half times the regular rate at which he is
employed, and insofar as relating to a hotel, motel, and restaurant
employees, substituted ``(A) any employee (other than an employee of a
hotel or motel who performs maid or custodial services) who is'' for
``any employee'', inserted before the semicolon ``and who receives
compensation for employment in excess of forty-eight hours in any
workweek at a rate not less than one and one-half times the regular rate
at which he is employed'', and added subpar. (B). Pub. L. 93-259,
Sec. 13(b), effective one year after May 1, 1974, substituted ``forty-
six hours'' for ``forty-eight hours'' in subparas. (A) and (B). Pub. L.
93-259, Sec. 13(c), effective two years after May 1, 1974, substituted
``forty-four hours'' for ``forty-six hours'' in subpar. (B). Pub. L. 93-
259, Sec. 13(d), repealed subsec. (b)(8)(B) and eliminated the
designation (A), effective three years after May 1, 1974.
Subsec. (b)(10). Pub. L. 93-259, Sec. 14, incorporated existing
paragraph in provisions designated as subpar. (A), struck out from the
list references to trailers and aircraft, inserted reference to
implements, and added subpar. (B) incorporating references to trailers
and aircraft.
Subsec. (b)(15). Pub. L. 93-259, Sec. 20(a), struck out exemption
provision respecting any employee engaged in ginning of cotton for
market, in any place of employment located in a county where cotton is
grown in commercial quantities or in the processing of sugar beets,
sugar-beet molasses, and sugarcane into sugar. See subsec. (b)(25) and
(26) of this section.
Subsec. (b)(18). Pub. L. 93-259, Sec. 15(a), effective May 1, 1974,
inserted ``and who receives compensation for employment in excess of
forty-eight hours in any workweek at a rate not less than one and one-
half times the regular rate at which he is employed.'' Pub. L. 93-259,
Sec. 15(b), effective one year after May 1, 1974, substituted ``forty-
four hours'' for ``forty-eight hours.'' Pub. L. 93-259, Sec. 15(c),
repealed par. (18) effective two years after May 1, 1974.
Subsec. (b)(19). Pub. L. 93-259, Sec. 16(a), effective one year
after May 1, 1974, substituted ``forty-four hours'' for ``forty-eight
hours''. Pub. L. 93-259, Sec. 16(b), repealed par. (19), effective two
years after May 1, 1974.
Subsec. (b)(20). Pub. L. 93-259, Sec. 6(c)(2)(A), added par. (20)
effective May 1, 1974. Pub. L. 93-259, Sec. 6(c)(2)(B), effective Jan.
1, 1975, made maximum hours provisions inapplicable during any workweek
to any employee of a public agency employing during the workweek less
than 5 employees.
Subsec. (b)(21). Pub. L. 93-259, Sec. 7(b)(4), added par. (21).
Subsec. (b)(22). Pub. L. 93-259, Sec. 9(b)(2), added par. (22).
Subsec. (b)(23). Pub. L. 93-259, Sec. 10(b)(1), added par. (23),
effective May 1, 1974. Pub. L. 93-259, Sec. 10(b)(2), substituted
``forty-four hours'' for ``forty-eight hours'' effective one year after
May 1, 1974. Pub. L. 93-259, Sec. 10(b)(3), repealed par. (23) effective
two years after May 1, 1974.
Subsec. (b)(24). Pub. L. 93-259, Sec. 17, added par. (24).
Subsec. (b)(25). Pub. L. 93-259, Sec. 20(b)(1), added par. (25)
effective May 1, 1974. Pub. L. 93-259, Sec. 20(b)(2), effective Jan. 1,
1975, substituted ``sixty-six'' for ``seventy-two'' in subpar. (A),
``sixty'' for ``sixty-four'' in subpar. (B), and ``forty-six hours in
any workweek for not more than two workweeks in that year, and'' for
``forty-eight hours in any other workweek in that year,'' in subpar.
(D), and added subpar. (E). Pub. L. 93-259, Sec. 20(b)(3), effective
Jan. 1, 1976, substituted ``sixty'' for ``sixty-six'', ``fifty-six'' for
``sixty'', ``forty-eight'' for ``fifty'', ``forty-four'' for ``forty-
six'', and ``forty'' for ``forty-four''.
Subsec. (b)(26). Pub. L. 93-259, Sec. 20(c)(1), added par. (26)
effective May 1, 1974. Pub. L. 93-259, Sec. 20(c)(2), effective Jan. 1,
1975, substituted ``sixty-six'' for ``seventy-two'' in subpar. (A),
``sixty'' for ``sixty-four'' in subpar. (B), and ``forty-six hours in
any workweek for not more than two workweeks in that year, and'' for
``forty-eight hours in any other workweek in that year,'' in subpar.
(D), and added subpar. (E). Pub. L. 93-259, Sec. 20(c)(3), effective
Jan. 1, 1976, substituted ``sixty'' for ``sixty-six'', ``fifty-six'' for
``sixty'', ``forty-eight'' for ``fifty'', ``forty-four'' for ``forty-
six'', and ``forty'' for ``forty-four''.
Subsec. (b)(27). Pub. L. 93-259, Sec. 23(a)(2), added par. (27).
Subsec. (b)(28). Pub. L. 93-259, Sec. 23(b)(2), added par. (28).
Subsec. (c)(1). Pub. L. 93-259, Sec. 25(b), amended par. (1)
generally, striking out ``with respect'' after ``shall not apply'',
inserting ``, if such employee--'', and adding subpars. (A) to (C).
Subsec. (g). Pub. L. 93-259, Sec. 18, added subsec. (g).
Subsec. (h). Pub. L. 93-259, Sec. 22, added subsec. (h).
1972--Subsec. (a). Pub. L. 92-318 inserted ``(except subsection (d)
in the case of paragraph (1) of this subsection)'' after introductory
text ``sections 206''.
1966--Subsec. (a)(1). Pub. L. 89-601, Sec. 214, inserted
``(including any employee employed in the capacity of academic
administrative personnel or teacher in elementary or secondary
schools)'' after ``professional capacity''.
Subsec. (a)(2). Pub. L. 89-601, Sec. 201(a), revised the retail or
service establishment exemption so as to exempt employees of a retail or
service establishment (other than an establishment or employee engaged
in laundering or drycleaning or an establishment engaged in the
operation of a hospital, school, or institution specifically included in
the definition of the term ``enterprise engaged in commerce or in the
production of goods for commerce'') if more than 50 per centum of the
establishment's annual dollar volume of sales of goods or services is
made within the state in which the establishment is located and the
establishment is not an enterprise described in section 203(s) of this
title or the establishment has an annual dollar volume of sales which is
less than $250,000.
Subsec. (a)(3). Pub. L. 89-601, Secs. 201(b)(2), 202, repealed par.
(3) relating to employees of laundry, cleaning, and fabric or clothing
repair establishments doing more than 50 per centum of their annual
dollar volume of business within the state in which the establishment is
located and enacted a new par. (3) relating to employees of amusement or
recreational establishments which do not operate for more than seven
months in any calendar year or which had receipts over a six-month
period which were not more than 33\1/3\ per centum of its average
receipts for the other six months of such year.
Subsec. (a)(6). Pub. L. 89-601, Sec. 203(a), limited the provisions
exempting agricultural employees from application of sections 206 and
207 of this title by narrowing the class of exempted agricultural
employees to include only an employee employed by an employer who did
not, during any calendar quarter during the preceding calendar year, use
more than 500 man-days of agricultural labor, an employee who is the
spouse, parent, child, or other member of his employer's immediate
family, certain hand harvest laborers, or an employee principally
engaged in the range production of livestock. See subsec. (b)(12) of
this section.
Subsec. (a)(7). Pub. L. 89-601, Sec. 215(c), extended coverage to
include employees exempted by a certificate of the Secretary.
Subsec. (a)(8). Pub. L. 89-601, Sec. 205, substituted ``where
published'' for ``where printed and published''.
Subsec. (a)(9). Pub. L. 89-601, Secs. 206(a), 207, repealed par. (9)
relating to employees of street, suburban, or interurban electric
railways, or local trolleys or motor bus carriers not in a section
203(s) enterprise and enacted a new par. (9) relating to employees
employed by motion picture theaters. See subsec. (b)(7) of this section.
Subsec. (a)(10). Pub. L. 89-601, Secs. 204(a), 215(b)(1), repealed
par. (10) relating to employees engaged in handling and processing of
agricultural, horticultural, and dairy products and redesignated par.
(11) as (10). See section 207(d) of this title.
Subsec. (a)(11). Pub. L. 89-601, Sec. 215(b)(1), redesignated par.
(13) as (11). Former par. (11) redesignated (10).
Subsec. (a)(12). Pub. L. 89-601, Secs. 206(b)(1), 215(b)(1),
repealed par. (12) relating to employees of employers engaged in the
business of operating taxicabs and redesignated par. (14) as (12). See
subsec. (b)(17) of this section.
Subsec. (a)(13). Pub. L. 89-601, Secs. 208, 215(b)(1), redesignated
par. (15) as (13) and substituted ``eight'' for ``twelve''. Former par.
(13) redesignated (11).
Subsec. (a)(14). Pub. L. 89-601, Sec. 215(b), redesignated par. (21)
as (14) and substituted a period for ``; or'' at end. Former par. (14)
redesignated (12).
Subsec. (a)(15). Pub. L. 89-601, Sec. 215(b)(1), redesignated par.
(15) as (13).
Subsec. (a)(16). Pub. L. 89-601, Sec. 203(b), repealed par. (16)
relating to agricultural employees employed in livestock auctions. See
subsec. (b)(13) of this section.
Subsec. (a)(17). Pub. L. 89-601, Sec. 204(a), repealed par. (17)
relating to country elevator operators. See subsec. (b)(14) of this
section.
Subsec. (a)(18). Pub. L. 89-601, Sec. 204(a), repealed par. (18)
relating to cotton ginning employees. See subsec. (b)(15) of this
section.
Subsec. (a)(19). Pub. L. 89-601, Sec. 209(a), repealed par. (19)
relating to employees of retail and service establishments that are
primarily engaged in the business of selling automobiles, trucks, or
farm implements. See subsec. (b)(10) of this section.
Subsec. (a)(20). Pub. L. 89-601, Sec. 210(a), repealed par. (20)
relating to employees of food retail or service establishments. See
subsec. (b)(18) of this section.
Subsec. (a)(21). Pub. L. 89-601, Sec. 215(b)(1), redesignated par.
(21) as (14).
Subsec. (a)(22). Pub. L. 89-601, Sec. 204(a), repealed par. (22)
relating to fruit and vegetable transportation employees. See subsec.
(b)(16) of this section.
Subsec. (b)(1). Pub. L. 89-670 substituted ``Secretary of
Transportation'' for ``Interstate Commerce Commission''.
Subsec. (b)(7). Pub. L. 89-601, Sec. 206(c), narrowed the scope of
the exemption from any employee of the covered transportation companies
to drivers, operators, and conductors only and narrowed the range of
covered transportation companies from any street, suburban, or
interurban electric railway, or local trolley or motorbus carrier to
only those of such named enterprises as have their rates and service
subject to regulation by a state or local agency.
Subsec. (b)(8). Pub. L. 89-601, Secs. 201(b)(1), 211, repealed par.
(8) which named employees of gasoline service stations as a group to
which section 207 of this title shall not apply and enacted a new par.
(8) providing that section 207 of this title shall not apply with
respect to hotel, motel, or restaurant employees and employees who
receive compensation for employment in excess 48 hours in any workweek
at a rate not less than one and one-half times the regular rate at which
he is employed and who is employed by an institution other than a
hospital primarily engaged in the care of the sick, the aged, or the
mentally ill or defective residing on the premises.
Subsec. (b)(10). Pub. L. 89-601, Secs. 209(b), 212(a), repealed par.
(10) which granted an unlimited overtime exemption relating to petroleum
distribution employees and enacted a new par. (10) relating to salesmen,
partsmen, or mechanics primarily engaged in selling or servicing
automobiles, trailers, trucks, farm implements, or aircraft if employed
by a nonmanufacturing establishment primarily engaged in the business of
selling such vehicles to ultimate purchasers. See subsec. (b)(3) of this
section.
Subsec. (b)(12) to (19). Pub. L. 89-601, Secs. 203(c)(B), 204(b),
206(b)(2), 210(b), added pars. (12) to (19).
Subsec. (c). Pub. L. 89-601, Sec. 203(d), inserted provision making
section 212 of this title relating to child labor applicable to an
employee below the age of sixteen employed in agriculture in an
occupation that the Secretary of Labor finds and declares to be
particularly hazardous for the employment of children below the age of
sixteen, except where such employee is employed by his parent or by a
person standing in the place of his parent on a farm owned or operated
by such parent or person.
Subsec. (f). Pub. L. 89-601, Sec. 213, inserted reference to
Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.
1961--Subsec. (a)(1). Pub. L. 87-30, Sec. 9, substituted ``any
employee employed in a bona fide executive, administrative, or
professional capacity, or in the capacity of outside salesman (as such
terms are defined and delimited from time to time by regulations of the
Secretary, subject to, the provisions of the Administrative Procedure
Act'' and exception provision for ``any employee employed in a bona fide
executive, administrative, professional, or local retailing capacity, or
in the capacity of outside salesman (as such terms are defined and
delimited by regulations of the Administrator)''.
Subsec. (a)(2). Pub. L. 87-30, Sec. 9, inserted conditional
provision, including subclauses (i) to (iv).
Subsec. (a)(5). Pub. L. 87-30, Sec. 9, inserted ``propagating'' and
``or in the first processing, canning or packing such marine products at
sea as an incident to, or in conjunction with, such fishing operations''
after ``taking'' and ``life'', respectively, and substituted ``loading
and unloading when performed by any such employee'' for ``including
employment in the loading, unloading, or packing of such products for
shipment or in propagating, processing (other than canning), marketing,
freezing, curing, storing, or distributing the above products or
byproducts thereof''. See subsec. (b)(4) of this section.
Subsec. (a)(7). Pub. L. 87-30, Sec. 9, substituted ``Secretary'' for
``Administrator''.
Subsec. (a)(9). Pub. L. 87-30, Sec. 9, substituted ``not in an
enterprise described in section 203(s)(2) of this title'' for ``not
included in other exemptions contained in this section.''.
Subsec. (a)(10). Pub. L. 87-30, Sec. 9, substituted ``Secretary''
for ``Administrator'' and struck out ``ginning'' after ``storing''.
Subsec. (a)(11). Pub. L. 87-30, Sec. 9, substituted ``by an
independently owned public telephone company'' for ``in a public
telephone exchange''.
Subsec. (a)(13). Pub. L. 87-30, Sec. 9, substituted ``which
qualifies as an exempt retail or service establishment under clause (2)
of this subsection'' for ``as defined in clause (2) of this
subsection''.
Subsec. (a)(14). Pub. L. 87-30, Sec. 9, inserted ``on a vessel other
than an American vessel''.
Subsec. (a)(16) to (22). Pub. L. 87-30, Sec. 9, added pars. (16) to
(22).
Subsec. (b)(4). Pub. L. 87-30, Sec. 9, extended exemption to any
employee in the processing, marketing, freezing, curing, storing,
packing for shipment, or distributing of aquatic forms of life, formerly
contained in subsec. (a)(5) of this section.
Subsec. (b)(6) to (11). Pub. L. 87-30, Sec. 9, added pars. (6) to
(11).
Subsec. (d). Pub. L. 87-30, Sec. 10, extended the nonapplicability
of sections 206, 207, and 212 of this title to any homeworker engaged in
the making of evergreen wreaths.
1960--Subsec. (f). Pub. L. 86-624 struck out ``Alaska; Hawaii;''
before ``Puerto Rico''.
1957--Subsec. (f). Pub. L. 85-231 added subsec. (f).
1956--Subsec. (e). Act Aug. 8, 1956, added subsec. (b).
1949--Subsec. (a)(2). Act Oct. 26, 1949, clarified exemption by
defining term ``retail or service establishment'' and stated conditions
under which exemption shall apply.
Subsec. (a)(3). Act Oct. 26, 1949, redesignated par. (3) as (14) and
added par. (3) providing a limited exemption to employees of laundries
and establishments engaged in laundering, cleaning, or repairing
clothing of fabrics.
Subsec. (a)(4). Act Oct. 26, 1949, redesignated par. (4) as subsec.
(b)(3) and added par. (4) providing limited exemption to employees of
retail establishments making or processing goods.
Subsec. (a)(5). Act Oct. 26, 1949, struck out canning of fish,
shellfish, etc. See subsec. (b)(4).
Subsec. (a)(6). Act Oct. 26, 1949, added irrigation workers to the
exemption.
Subsec. (a)(8). Act Oct. 26, 1949, extended exemption to employees
of newspapers published daily, increased circulation limitation from
3,000 to 4,000, and increased circulation area to include counties
contiguous to county of publication.
Subsec. (a)(10). Act Oct. 26, 1949, struck out ``to'' before ``any
individual''.
Subsec. (a)(11). Act Oct. 26, 1949, increased number of stations
from, less than 500, to, not more than 750.
Subsec. (a)(12), (13). Act Oct. 26, 1949, added pars. (12) and (13).
Subsec. (a)(14). Act Oct. 26, 1949, redesignated par. (3) as (14).
Subsec. (a)(15). Act Oct. 26, 1949, added par. (15).
Subsec. (b)(3) to (5). Act Oct. 26, 1949, added pars. (3) to (5).
Subsec. (c). Act Oct. 26, 1949, substituted ``outside of school
hours for the school district where such employee is living while he is
so employed'' for prior provision relating to school attendance
following ``in agricultural'', and added radio or television productions
to the exemption.
Subsec. (d). Act Oct. 26, 1949, added par. (d).
1939--Subsec. (a)(11). Act Aug. 9, 1939, added par. (11).
Effective Date of 1998 Amendment
Pub. L. 105-334, Sec. 2(b), Oct. 31, 1998, 112 Stat. 3138, provided
that:
``(1) In general.--This Act [amending this section and enacting
provisions set out as a note under section 201 of this title] shall
become effective on the date of the enactment of this Act [Oct. 31,
1998].
``(2) Exception.--The amendment made by subsection (a) [amending
this section] defining the term `occasional and incidental' shall also
apply to any case, action, citation, or appeal pending on the date of
the enactment of this Act unless such case, action, citation, or appeal
involves property damage or personal injury.''
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-329 effective on first day of first
applicable pay period beginning on or after 30th day following Sept. 30,
1994, with exceptions relating to criminal investigators employed in
Offices of Inspectors General, see section 633(e) of Pub. L. 103-329,
set out as an Effective Date note under section 5545a of Title 5,
Government Organization and Employees.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-157 effective Apr. 1, 1990, see section
3(e) of Pub. L. 101-157, set out as a note under section 203 of this
title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Effective Date of 1977 Amendment
Section 14(a), (b) of Pub. L. 95-151 provided that the amendments by
that section are effective Jan. 1, 1978, and Jan. 1, 1979, respectively.
Amendment by sections 4 to 7 of 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.
Amendment by sections 8, 9(d), and 11 of Pub. L. 95-151 effective on
Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as a note
under section 203 of this title.
Effective Date of 1974 Amendment
Section 6(c)(2)(A), (B) of Pub. L. 93-259 provided that the
amendments made by that section are effective May 1, 1974, and Jan. 1,
1975, respectively.
Section 8(a)-(c) of Pub. L. 93-259 provided that the amendments made
by that section are effective Jan. 1, 1975, 1976, and 1977,
respectively.
Section 10(b)(2), (3) of Pub. L. 93-259 provided that the amendment
and repeal made by that section are effective one year and two years
after May 1, 1974, respectively.
Section 11(b), (c) of Pub. L. 93-259 provided that the amendment and
repeal made by that section are effective one year and two years after
May 1, 1974, respectively.
Section 13(b)-(d) of Pub. L. 93-259 provided that the amendments
made by that section are effective one year, two years, and three years
after May 1, 1974, respectively.
Section 15(b), (c) of Pub. L. 93-259 provided that the amendment and
repeal made by that section are effective one year and two years after
May 1, 1974, respectively.
Section 16(a), (b) of Pub. L. 93-259 provided that the amendment and
repeal made by that section are effective one year and two years after
May 1, 1974, respectively.
Section 20(b)(2), (3) of Pub. L. 93-259 provided that the amendments
made by that section are effective Jan. 1, 1975, and 1976, respectively.
Section 20(c)(2), (3) of Pub. L. 93-259 provided that the amendments
made by that section are effective Jan. 1, 1975, and 1976, respectively.
Section 21(b)(2), (3) of Pub. L. 93-259 provided that the amendment
and repeal made by that section are effective one year and two years
after May 1, 1974, respectively.
Amendment by sections 7(b)(3), (4), 9(b), 10(a), (b)(1), 11(a),
12(a), 13(a), 14, 15(a), 17, 18, 20(a), (b)(1), (c)(1), 21(b)(1), 22,
23, and 25(b) 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.
Effective Date of 1966 Amendments
Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by
President and published in Federal Register, see section 16(a), formerly
Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32
F.R. 5453.
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 1957 Amendment
Pub. L. 85-231, Sec. 2, provided that: ``The amendments made by this
Act [amending this section and sections 216 and 217 of this title] shall
take effect upon the expiration of ninety days from the date of its
enactment [Aug. 30, 1957].''
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 vested by law (including reorganization plans) in Bureau
of the Budget or Director of Bureau of the Budget transferred to
President of the United States by section 101 of Reorg. Plan No. 2 of
1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the
Appendix to Title 5, Government Organization and Employees. Section 102
of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office
of Management and Budget.
For transfer of functions of other officers, employees, and agencies
of Department of Labor, with certain exceptions, to Secretary of Labor,
with power to delegate, see Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.
Exemptions for Apprentices and Student Learners
Section 3 of Pub. L. 104-174 provided that: ``Section 1 [amending
this section] shall not be construed as affecting the exemption for
apprentices and student learners published in section 570.63 of title
29, Code of Federal Regulations.''
Regulations Concerning Computer, Software, and Other Similarly Skilled
Professionals
Pub. L. 101-583, Sec. 2, Nov. 15, 1990, 104 Stat. 2871, provided
that: ``Not later than 90 days after the date of enactment of this Act
[Nov. 15, 1990], the Secretary of Labor shall promulgate regulations
that permit computer systems analysts, computer programmers, software
engineers, and other similarly skilled professional workers as defined
in such regulations to qualify as exempt executive, administrative, or
professional employees under section 13(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)(1)). Such regulations shall
provide that if such employees are paid on an hourly basis they shall be
exempt only if their hourly rate of pay is at least 6\1/2\ times greater
than the applicable minimum wage rate under section 6 of such Act (29
U.S.C. 206).''
Public Agency Employees in Fire Protection and Law Enforcement
Activities; Studies in 1976 of 1975 Tours of Duty
Section 6(c)(3) of Pub. L. 93-259 authorized Secretary of Labor to
conduct a study in 1976 of average number of hours in tours of duty in
work periods in 1975 of certain employees of public agencies employed in
fire protection and law enforcement activities, and publish results of
such studies in Federal Register.
Pipeline Employees Under Subsec. (b)(2)
Section 23(c) of Pub. L. 93-259 provided in part for amendment of
subsec. (b)(2) of this section ``insofar as it relates to pipeline
employees''.
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 of Agricultural Handling and Processing Exemptions and Rates of
Pay in Exempt Food Service Enterprises
Section 13 of Pub. L. 87-30 directed Secretary of Labor to study
complicated system of exemptions available for handling and processing
agricultural products under this chapter and complex problems involving
rates of pay of certain employees exempted from provisions of this
chapter, and submit results of his studies along with his
recommendations for proposed legislation to second session of Eighty-
seventh Congress.
Transportation of Migrant Farm Workers
Section 3 of act Aug. 3, 1956, provided that: ``Section 13(b)(1) of
the Fair Labor Standards Act, as amended [subsec. (b)(1) of this
section] shall not apply in the case of any employee with respect to
whom the Interstate Commerce Commission [now Secretary of
Transportation] has power to establish qualifications and maximum hours
of service solely by virtue of section 204(a)(3a) of the Interstate
Commerce Act [now 49 U.S.C. 31502].''
Section Referred to in Other Sections
This section is referred to in sections 206, 216, 218, 1803, 2612 of
this title; title 5 sections 5343, 5349, 5545a; title 42 sections 300e-
9, 3056, 8009, 8011.