US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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        (2) Repealed.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.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com