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
$4.25 an hour during the period ending on September 30, 1996, not
less than $4.75 an hour during the year beginning on October 1,
1996, and not less than $5.15 an hour beginning September 1,
1997;
(2) if such employee is a home worker in Puerto Rico or the
Virgin Islands, not less than the minimum piece rate prescribed
by regulation or order; or, if no such minimum piece rate is in
effect, any piece rate adopted by such employer which shall
yield, to the proportion or class of employees prescribed by
regulation or order, not less than the applicable minimum hourly
wage rate. Such minimum piece rates or employer piece rates shall
be commensurate with, and shall be paid in lieu of, the minimum
hourly wage rate applicable under the provisions of this section.
The Administrator, or his authorized representative, shall have
power to make such regulations or orders as are necessary or
appropriate to carry out any of the provisions of this paragraph,
including the power without limiting the generality of the
foregoing, to define any operation or occupation which is
performed by such home work employees in Puerto Rico or the
Virgin Islands; to establish minimum piece rates for any
operation or occupation so defined; to prescribe the method and
procedure for ascertaining and promulgating minimum piece rates;
to prescribe standards for employer piece rates, including the
proportion or class of employees who shall receive not less than
the minimum hourly wage rate; to define the term "home worker";
and to prescribe the conditions under which employers, agents,
contractors, and subcontractors shall cause goods to be produced
by home workers;
(3) if such employee is employed in American Samoa, in lieu of
the rate or rates provided by this subsection or subsection (b)
of this section, not less than the applicable rate established by
the Secretary of Labor in accordance with recommendations of a
special industry committee or committees which he shall appoint
pursuant to sections 205 and 208 of this title. The minimum wage
rate thus established shall not exceed the rate prescribed in
paragraph (1) of this subsection;
(4) if such employee is employed as a seaman on an American
vessel, not less than the rate which will provide to the
employee, for the period covered by the wage payment, wages equal
to compensation at the hourly rate prescribed by paragraph (1) of
this subsection for all hours during such period when he was
actually on duty (including periods aboard ship when the employee
was on watch or was, at the direction of a superior officer,
performing work or standing by, but not including off-duty
periods which are provided pursuant to the employment agreement);
or
(5) if such employee is employed in agriculture, not less than
the minimum wage rate in effect under paragraph (1) after
December 31, 1977.
(b) Additional applicability to employees pursuant to subsequent
amendatory provisions
Every employer shall pay to each of his employees (other than an
employee to whom subsection (a)(5) of this section applies) who in
any workweek is engaged in commerce or in the production of goods
for commerce, or is employed in an enterprise engaged in commerce
or in the production of goods for commerce, and who in such
workweek is brought within the purview of this section by the
amendments made to this chapter by the Fair Labor Standards
Amendments of 1966, title IX of the Education Amendments of 1972
[20 U.S.C. 1681 et seq.], or the Fair Labor Standards Amendments of
1974, wages at the following rate: Effective after December 31,
1977, not less than the minimum wage rate in effect under
subsection (a)(1) of this section.
(c) Repealed. Pub. L. 104-188, [title II], Sec. 2104(c), Aug. 20,
1996, 110 Stat. 1929
(d) Prohibition of sex discrimination
(1) No employer having employees subject to any provisions of
this section shall discriminate, within any establishment in which
such employees are employed, between employees on the basis of sex
by paying wages to employees in such establishment at a rate less
than the rate at which he pays wages to employees of the opposite
sex in such establishment for equal work on jobs the performance of
which requires equal skill, effort, and responsibility, and which
are performed under similar working conditions, except where such
payment is made pursuant to (i) a seniority system; (ii) a merit
system; (iii) a system which measures earnings by quantity or
quality of production; or (iv) a differential based on any other
factor other than sex: Provided, That an employer who is paying a
wage rate differential in violation of this subsection shall not,
in order to comply with the provisions of this subsection, reduce
the wage rate of any employee.
(2) No labor organization, or its agents, representing employees
of an employer having employees subject to any provisions of this
section shall cause or attempt to cause such an employer to
discriminate against an employee in violation of paragraph (1) of
this subsection.
(3) For purposes of administration and enforcement, any amounts
owing to any employee which have been withheld in violation of this
subsection shall be deemed to be unpaid minimum wages or unpaid
overtime compensation under this chapter.
(4) As used in this subsection, the term "labor organization"
means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate
and which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages, rates
of pay, hours of employment, or conditions of work.
(e) Employees of employers providing contract services to United
States
(1) Notwithstanding the provisions of section 213 of this title
(except subsections (a)(1) and (f) thereof), every employer
providing any contract services (other than linen supply services)
under a contract with the United States or any subcontract
thereunder shall pay to each of his employees whose rate of pay is
not governed by the Service Contract Act of 1965 (41 U.S.C. 351-
357) or to whom subsection (a)(1) of this section is not
applicable, wages at rates not less than the rates provided for in
subsection (b) of this section.
(2) Notwithstanding the provisions of section 213 of this title
(except subsections (a)(1) and (f) thereof) and the provisions of
the Service Contract Act of 1965 [41 U.S.C. 351 et seq.] every
employer in an establishment providing linen supply services to the
United States under a contract with the United States or any
subcontract thereunder shall pay to each of his employees in such
establishment wages at rates not less than those prescribed in
subsection (b) of this section, except that if more than 50 per
centum of the gross annual dollar volume of sales made or business
done by such establishment is derived from providing such linen
supply services under any such contracts or subcontracts, such
employer shall pay to each of his employees in such establishment
wages at rates not less than those prescribed in subsection (a)(1)
of this section.
(f) Employees in domestic service
Any employee -
(1) who in any workweek is employed in domestic service in a
household shall be paid wages at a rate not less than the wage
rate in effect under subsection (b) of this section unless such
employee's compensation for such service would not because of
section 209(a)(6) of the Social Security Act [42 U.S.C.
409(a)(6)] constitute wages for the purposes of title II of such
Act [42 U.S.C. 401 et seq.], or
(2) who in any workweek -
(A) is employed in domestic service in one or more
households, and
(B) is so employed for more than 8 hours in the aggregate,
shall be paid wages for such employment in such workweek at a rate
not less than the wage rate in effect under subsection (b) of this
section.
(g) Newly hired employees who are less than 20 years old
(1) In lieu of the rate prescribed by subsection (a)(1) of this
section, any employer may pay any employee of such employer, during
the first 90 consecutive calendar days after such employee is
initially employed by such employer, a wage which is not less than
$4.25 an hour.
(2) No employer may take any action to displace employees
(including partial displacements such as reduction in hours, wages,
or employment benefits) for purposes of hiring individuals at the
wage authorized in paragraph (1).
(3) Any employer who violates this subsection shall be considered
to have violated section 215(a)(3) of this title.
(4) This subsection shall only apply to an employee who has not
attained the age of 20 years.