29 U.S.C. § 206 : US Code - Section 206: Minimum wage

Search 29 U.S.C. § 206 : US Code - Section 206: Minimum wage

    (a) Employees engaged in commerce; home workers in Puerto Rico and
      Virgin Islands; employees in American Samoa; seamen on American
      vessels; agricultural employees
      Every employer shall pay to each of his employees who in any
    workweek is engaged in commerce or in the production of goods for
    commerce, or is employed in an enterprise engaged in commerce or in
    the production of goods for commerce, wages at the following rates:
        (1) except as otherwise provided in this section, not less than
      - 
          (A) $5.85 an hour, beginning on the 60th day after May 25,
        2007;
          (B) $6.55 an hour, beginning 12 months after that 60th day;
        and
          (C) $7.25 an hour, beginning 24 months after that 60th day;

        (2) if such employee is a home worker in Puerto Rico or the
      Virgin Islands, not less than the minimum piece rate prescribed
      by regulation or order; or, if no such minimum piece rate is in
      effect, any piece rate adopted by such employer which shall
      yield, to the proportion or class of employees prescribed by
      regulation or order, not less than the applicable minimum hourly
      wage rate. Such minimum piece rates or employer piece rates shall
      be commensurate with, and shall be paid in lieu of, the minimum
      hourly wage rate applicable under the provisions of this section.
      The Administrator, or his authorized representative, shall have
      power to make such regulations or orders as are necessary or
      appropriate to carry out any of the provisions of this paragraph,
      including the power without limiting the generality of the
      foregoing, to define any operation or occupation which is
      performed by such home work employees in Puerto Rico or the
      Virgin Islands; to establish minimum piece rates for any
      operation or occupation so defined; to prescribe the method and
      procedure for ascertaining and promulgating minimum piece rates;
      to prescribe standards for employer piece rates, including the
      proportion or class of employees who shall receive not less than
      the minimum hourly wage rate; to define the term "home worker";
      and to prescribe the conditions under which employers, agents,
      contractors, and subcontractors shall cause goods to be produced
      by home workers;
        (3) if such employee is employed as a seaman on an American
      vessel, not less than the rate which will provide to the
      employee, for the period covered by the wage payment, wages equal
      to compensation at the hourly rate prescribed by paragraph (1) of
      this subsection for all hours during such period when he was
      actually on duty (including periods aboard ship when the employee
      was on watch or was, at the direction of a superior officer,
      performing work or standing by, but not including off-duty
      periods which are provided pursuant to the employment agreement);
      or
        (4) if such employee is employed in agriculture, not less than
      the minimum wage rate in effect under paragraph (1) after
      December 31, 1977.
    (b) Additional applicability to employees pursuant to subsequent
      amendatory provisions
      Every employer shall pay to each of his employees (other than an
    employee to whom subsection (a)(5) of this section applies) who in
    any workweek is engaged in commerce or in the production of goods
    for commerce, or is employed in an enterprise engaged in commerce
    or in the production of goods for commerce, and who in such
    workweek is brought within the purview of this section by the
    amendments made to this chapter by the Fair Labor Standards
    Amendments of 1966, title IX of the Education Amendments of 1972
    [20 U.S.C. 1681 et seq.], or the Fair Labor Standards Amendments of
    1974, wages at the following rate: Effective after December 31,
    1977, not less than the minimum wage rate in effect under
    subsection (a)(1) of this section.
    (c) Repealed. Pub. L. 104-188, [title II], Sec. 2104(c), Aug. 20,
      1996, 110 Stat. 1929
    (d) Prohibition of sex discrimination
      (1) No employer having employees subject to any provisions of
    this section shall discriminate, within any establishment in which
    such employees are employed, between employees on the basis of sex
    by paying wages to employees in such establishment at a rate less
    than the rate at which he pays wages to employees of the opposite
    sex in such establishment for equal work on jobs the performance of
    which requires equal skill, effort, and responsibility, and which
    are performed under similar working conditions, except where such
    payment is made pursuant to (i) a seniority system; (ii) a merit
    system; (iii) a system which measures earnings by quantity or
    quality of production; or (iv) a differential based on any other
    factor other than sex: Provided, That an employer who is paying a
    wage rate differential in violation of this subsection shall not,
    in order to comply with the provisions of this subsection, reduce
    the wage rate of any employee.
      (2) No labor organization, or its agents, representing employees
    of an employer having employees subject to any provisions of this
    section shall cause or attempt to cause such an employer to
    discriminate against an employee in violation of paragraph (1) of
    this subsection.
      (3) For purposes of administration and enforcement, any amounts
    owing to any employee which have been withheld in violation of this
    subsection shall be deemed to be unpaid minimum wages or unpaid
    overtime compensation under this chapter.
      (4) As used in this subsection, the term "labor organization"
    means any organization of any kind, or any agency or employee
    representation committee or plan, in which employees participate
    and which exists for the purpose, in whole or in part, of dealing
    with employers concerning grievances, labor disputes, wages, rates
    of pay, hours of employment, or conditions of work.
    (e) Employees of employers providing contract services to United
      States
      (1) Notwithstanding the provisions of section 213 of this title
    (except subsections (a)(1) and (f) thereof), every employer
    providing any contract services (other than linen supply services)
    under a contract with the United States or any subcontract
    thereunder shall pay to each of his employees whose rate of pay is
    not governed by chapter 67 of title 41 or to whom subsection (a)(1)
    of this section is not applicable, wages at rates not less than the
    rates provided for in subsection (b) of this section.
      (2) Notwithstanding the provisions of section 213 of this title
    (except subsections (a)(1) and (f) thereof) and the provisions of
    chapter 67 of title 41, every employer in an establishment
    providing linen supply services to the United States under a
    contract with the United States or any subcontract thereunder shall
    pay to each of his employees in such establishment wages at rates
    not less than those prescribed in subsection (b) of this section,
    except that if more than 50 per centum of the gross annual dollar
    volume of sales made or business done by such establishment is
    derived from providing such linen supply services under any such
    contracts or subcontracts, such employer shall pay to each of his
    employees in such establishment wages at rates not less than those
    prescribed in subsection (a)(1) of this section.
    (f) Employees in domestic service
      Any employee - 
        (1) who in any workweek is employed in domestic service in a
      household shall be paid wages at a rate not less than the wage
      rate in effect under subsection (b) of this section unless such
      employee's compensation for such service would not because of
      section 209(a)(6) of the Social Security Act [42 U.S.C.
      409(a)(6)] constitute wages for the purposes of title II of such
      Act [42 U.S.C. 401 et seq.], or
        (2) who in any workweek - 
          (A) is employed in domestic service in one or more
        households, and
          (B) is so employed for more than 8 hours in the aggregate,

    shall be paid wages for such employment in such workweek at a rate
    not less than the wage rate in effect under subsection (b) of this
    section.
    (g) Newly hired employees who are less than 20 years old
      (1) In lieu of the rate prescribed by subsection (a)(1) of this
    section, any employer may pay any employee of such employer, during
    the first 90 consecutive calendar days after such employee is
    initially employed by such employer, a wage which is not less than
    $4.25 an hour.
      (2) No employer may take any action to displace employees
    (including partial displacements such as reduction in hours, wages,
    or employment benefits) for purposes of hiring individuals at the
    wage authorized in paragraph (1).
      (3) Any employer who violates this subsection shall be considered
    to have violated section 215(a)(3) of this title.
      (4) This subsection shall only apply to an employee who has not
    attained the age of 20 years.