29 U.S.C. § 207 : US Code - Section 207: Maximum hours

Search 29 U.S.C. § 207 : US Code - Section 207: Maximum hours

    (a) Employees engaged in interstate commerce; additional
      applicability to employees pursuant to subsequent amendatory
      provisions
      (1) Except as otherwise provided in this section, no employer
    shall employ any of his employees who in any workweek is engaged in
    commerce or in the production of goods for commerce, or is employed
    in an enterprise engaged in commerce or in the production of goods
    for commerce, for a workweek longer than forty hours unless such
    employee receives compensation for his employment in excess of the
    hours above specified at a rate not less than one and one-half
    times the regular rate at which he is employed.
      (2) No employer shall employ any of his employees who in any
    workweek is engaged in commerce or in the production of goods for
    commerce, or is employed in an enterprise engaged in commerce or in
    the production of goods for commerce, and who in such workweek is
    brought within the purview of this subsection by the amendments
    made to this chapter by the Fair Labor Standards Amendments of 1966
    - 
        (A) for a workweek longer than forty-four hours during the
      first year from the effective date of the Fair Labor Standards
      Amendments of 1966,
        (B) for a workweek longer than forty-two hours during the
      second year from such date, or
        (C) for a workweek longer than forty hours after the expiration
      of the second year from such date,

    unless such employee receives compensation for his employment in
    excess of the hours above specified at a rate not less than one and
    one-half times the regular rate at which he is employed.
    (b) Employment pursuant to collective bargaining agreement;
      employment by independently owned and controlled local enterprise
      engaged in distribution of petroleum products
      No employer shall be deemed to have violated subsection (a) of
    this section by employing any employee for a workweek in excess of
    that specified in such subsection without paying the compensation
    for overtime employment prescribed therein if such employee is so
    employed - 
        (1) in pursuance of an agreement, made as a result of
      collective bargaining by representatives of employees certified
      as bona fide by the National Labor Relations Board, which
      provides that no employee shall be employed more than one
      thousand and forty hours during any period of twenty-six
      consecutive weeks; or
        (2) in pursuance of an agreement, made as a result of
      collective bargaining by representatives of employees certified
      as bona fide by the National Labor Relations Board, which
      provides that during a specified period of fifty-two consecutive
      weeks the employee shall be employed not more than two thousand
      two hundred and forty hours and shall be guaranteed not less than
      one thousand eight hundred and forty-hours (or not less than
      forty-six weeks at the normal number of hours worked per week,
      but not less than thirty hours per week) and not more than two
      thousand and eighty hours of employment for which he shall
      receive compensation for all hours guaranteed or worked at rates
      not less than those applicable under the agreement to the work
      performed and for all hours in excess of the guaranty which are
      also in excess of the maximum workweek applicable to such
      employee under subsection (a) of this section or two thousand and
      eighty in such period at rates not less than one and one-half
      times the regular rate at which he is employed; or
        (3) by an independently owned and controlled local enterprise
      (including an enterprise with more than one bulk storage
      establishment) engaged in the wholesale or bulk distribution of
      petroleum products if - 
          (A) the annual gross volume of sales of such enterprise is
        less than $1,000,000 exclusive of excise taxes,
          (B) more than 75 per centum of such enterprise's annual
        dollar volume of sales is made within the State in which such
        enterprise is located, and
          (C) not more than 25 per centum of the annual dollar volume
        of sales of such enterprise is to customers who are engaged in
        the bulk distribution of such products for resale,

      and such employee receives compensation for employment in excess
      of forty hours in any workweek at a rate not less than one and
      one-half times the minimum wage rate applicable to him under
      section 206 of this title,

    and if such employee receives compensation for employment in excess
    of twelve hours in any workday, or for employment in excess of
    fifty-six hours in any workweek, as the case may be, at a rate not
    less than one and one-half times the regular rate at which he is
    employed.
    (c), (d) Repealed. Pub. L. 93-259, Sec. 19(e), Apr. 8, 1974, 88
      Stat. 66
    (e) "Regular rate" defined
      As used in this section the "regular rate" at which an employee
    is employed shall be deemed to include all remuneration for
    employment paid to, or on behalf of, the employee, but shall not be
    deemed to include - 
        (1) sums paid as gifts; payments in the nature of gifts made at
      Christmas time or on other special occasions, as a reward for
      service, the amounts of which are not measured by or dependent on
      hours worked, production, or efficiency;
        (2) payments made for occasional periods when no work is
      performed due to vacation, holiday, illness, failure of the
      employer to provide sufficient work, or other similar cause;
      reasonable payments for traveling expenses, or other expenses,
      incurred by an employee in the furtherance of his employer's
      interests and properly reimbursable by the employer; and other
      similar payments to an employee which are not made as
      compensation for his hours of employment;
        (3) Sums (!1) paid in recognition of services performed during
      a given period if either, (a) both the fact that payment is to be
      made and the amount of the payment are determined at the sole
      discretion of the employer at or near the end of the period and
      not pursuant to any prior contract, agreement, or promise causing
      the employee to expect such payments regularly; or (b) the
      payments are made pursuant to a bona fide profit-sharing plan or
      trust or bona fide thrift or savings plan, meeting the
      requirements of the Administrator set forth in appropriate
      regulations which he shall issue, having due regard among other
      relevant factors, to the extent to which the amounts paid to the
      employee are determined without regard to hours of work,
      production, or efficiency; or (c) the payments are talent fees
      (as such talent fees are defined and delimited by regulations of
      the Administrator) paid to performers, including announcers, on
      radio and television programs;

        (4) contributions irrevocably made by an employer to a trustee
      or third person pursuant to a bona fide plan for providing old-
      age, retirement, life, accident, or health insurance or similar
      benefits for employees;
        (5) extra compensation provided by a premium rate paid for
      certain hours worked by the employee in any day of workweek
      because such hours are hours worked in excess of eight in a day
      or in excess of the maximum workweek applicable to such employee
      under subsection (a) of this section or in excess of the
      employee's normal working hours or regular working hours, as the
      case may be;
        (6) extra compensation provided by a premium rate paid for work
      by the employee on Saturdays, Sundays, holidays, or regular days
      of rest, or on the sixth or seventh day of the workweek, where
      such premium rate is not less than one and one-half times the
      rate established in good faith for like work performed in
      nonovertime hours on other days;
        (7) extra compensation provided by a premium rate paid to the
      employee, in pursuance of an applicable employment contract or
      collective-bargaining agreement, for work outside of the hours
      established in good faith by the contract or agreement as the
      basic, normal, or regular workday (not exceeding eight hours) or
      workweek (not exceeding the maximum workweek applicable to such
      employee under subsection (a) of this section,(!2) where such
      premium rate is not less than one and one-half times the rate
      established in good faith by the contract or agreement for like
      work performed during such workday or workweek; or

        (8) any value or income derived from employer-provided grants
      or rights provided pursuant to a stock option, stock appreciation
      right, or bona fide employee stock purchase program which is not
      otherwise excludable under any of paragraphs (1) through (7) if -
      
          (A) grants are made pursuant to a program, the terms and
        conditions of which are communicated to participating employees
        either at the beginning of the employee's participation in the
        program or at the time of the grant;
          (B) in the case of stock options and stock appreciation
        rights, the grant or right cannot be exercisable for a period
        of at least 6 months after the time of grant (except that
        grants or rights may become exercisable because of an
        employee's death, disability, retirement, or a change in
        corporate ownership, or other circumstances permitted by
        regulation), and the exercise price is at least 85 percent of
        the fair market value of the stock at the time of grant;
          (C) exercise of any grant or right is voluntary; and
          (D) any determinations regarding the award of, and the amount
        of, employer-provided grants or rights that are based on
        performance are - 
            (i) made based upon meeting previously established
          performance criteria (which may include hours of work,
          efficiency, or productivity) of any business unit consisting
          of at least 10 employees or of a facility, except that, any
          determinations may be based on length of service or minimum
          schedule of hours or days of work; or
            (ii) made based upon the past performance (which may
          include any criteria) of one or more employees in a given
          period so long as the determination is in the sole discretion
          of the employer and not pursuant to any prior contract.
    (f) Employment necessitating irregular hours of work
      No employer shall be deemed to have violated subsection (a) of
    this section by employing any employee for a workweek in excess of
    the maximum workweek applicable to such employee under subsection
    (a) of this section if such employee is employed pursuant to a bona
    fide individual contract, or pursuant to an agreement made as a
    result of collective bargaining by representatives of employees, if
    the duties of such employee necessitate irregular hours of work,
    and the contract or agreement (1) specifies a regular rate of pay
    of not less than the minimum hourly rate provided in subsection (a)
    or (b) of section 206 of this title (whichever may be applicable)
    and compensation at not less than one and one-half times such rate
    for all hours worked in excess of such maximum workweek, and (2)
    provides a weekly guaranty of pay for not more than sixty hours
    based on the rates so specified.
    (g) Employment at piece rates
      No employer shall be deemed to have violated subsection (a) of
    this section by employing any employee for a workweek in excess of
    the maximum workweek applicable to such employee under such
    subsection if, pursuant to an agreement or understanding arrived at
    between the employer and the employee before performance of the
    work, the amount paid to the employee for the number of hours
    worked by him in such workweek in excess of the maximum workweek
    applicable to such employee under such subsection - 
        (1) in the case of an employee employed at piece rates, is
      computed at piece rates not less than one and one-half times the
      bona fide piece rates applicable to the same work when performed
      during nonovertime hours; or
        (2) in the case of an employee performing two or more kinds of
      work for which different hourly or piece rates have been
      established, is computed at rates not less than one and one-half
      times such bona fide rates applicable to the same work when
      performed during nonovertime hours; or
        (3) is computed at a rate not less than one and one-half times
      the rate established by such agreement or understanding as the
      basic rate to be used in computing overtime compensation
      thereunder: Provided, That the rate so established shall be
      authorized by regulation by the Administrator as being
      substantially equivalent to the average hourly earnings of the
      employee, exclusive of overtime premiums, in the particular work
      over a representative period of time;

    and if (i) the employee's average hourly earnings for the workweek
    exclusive of payments described in paragraphs (1) through (7) of
    subsection (e) of this section are not less than the minimum hourly
    rate required by applicable law, and (ii) extra overtime
    compensation is properly computed and paid on other forms of
    additional pay required to be included in computing the regular
    rate.
    (h) Credit toward minimum wage or overtime compensation of amounts
      excluded from regular rate
      (1) Except as provided in paragraph (2), sums excluded from the
    regular rate pursuant to subsection (e) of this section shall not
    be creditable toward wages required under section 206 of this title
    or overtime compensation required under this section.
      (2) Extra compensation paid as described in paragraphs (5), (6),
    and (7) of subsection (e) of this section shall be creditable
    toward overtime compensation payable pursuant to this section.
    (i) Employment by retail or service establishment
      No employer shall be deemed to have violated subsection (a) of
    this section by employing any employee of a retail or service
    establishment for a workweek in excess of the applicable workweek
    specified therein, if (1) the regular rate of pay of such employee
    is in excess of one and one-half times the minimum hourly rate
    applicable to him under section 206 of this title, and (2) more
    than half his compensation for a representative period (not less
    than one month) represents commissions on goods or services. In
    determining the proportion of compensation representing
    commissions, all earnings resulting from the application of a bona
    fide commission rate shall be deemed commissions on goods or
    services without regard to whether the computed commissions exceed
    the draw or guarantee.
    (j) Employment in hospital or establishment engaged in care of
      sick, aged, or mentally ill
      No employer engaged in the operation of a hospital or an
    establishment which is an institution primarily engaged in the care
    of the sick, the aged, or the mentally ill or defective who reside
    on the premises shall be deemed to have violated subsection (a) of
    this section if, pursuant to an agreement or understanding arrived
    at between the employer and the employee before performance of the
    work, a work period of fourteen consecutive days is accepted in
    lieu of the workweek of seven consecutive days for purposes of
    overtime computation and if, for his employment in excess of eight
    hours in any workday and in excess of eighty hours in such fourteen-
    day period, the employee receives compensation at a rate not less
    than one and one-half times the regular rate at which he is
    employed.
    (k) Employment by public agency engaged in fire protection or law
      enforcement activities
      No public agency shall be deemed to have violated subsection (a)
    of this section with respect to the employment of any employee in
    fire protection activities or any employee in law enforcement
    activities (including security personnel in correctional
    institutions) if - 
        (1) in a work period of 28 consecutive days the employee
      receives for tours of duty which in the aggregate exceed the
      lesser of (A) 216 hours, or (B) the average number of hours (as
      determined by the Secretary pursuant to section 6(c)(3) of the
      Fair Labor Standards Amendments of 1974) in tours of duty of
      employees engaged in such activities in work periods of 28
      consecutive days in calendar year 1975; or
        (2) in the case of such an employee to whom a work period of at
      least 7 but less than 28 days applies, in his work period the
      employee receives for tours of duty which in the aggregate exceed
      a number of hours which bears the same ratio to the number of
      consecutive days in his work period as 216 hours (or if lower,
      the number of hours referred to in clause (B) of paragraph (1))
      bears to 28 days,

    compensation at a rate not less than one and one-half times the
    regular rate at which he is employed.
    (l) Employment in domestic service in one or more households
      No employer shall employ any employee in domestic service in one
    or more households for a workweek longer than forty hours unless
    such employee receives compensation for such employment in
    accordance with subsection (a) of this section.
    (m) Employment in tobacco industry
      For a period or periods of not more than fourteen workweeks in
    the aggregate in any calendar year, any employer may employ any
    employee for a workweek in excess of that specified in subsection
    (a) of this section without paying the compensation for overtime
    employment prescribed in such subsection, if such employee - 
        (1) is employed by such employer - 
          (A) to provide services (including stripping and grading)
        necessary and incidental to the sale at auction of green leaf
        tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or
        37 (as such types are defined by the Secretary of Agriculture),
        or in auction sale, buying, handling, stemming, redrying,
        packing, and storing of such tobacco,
          (B) in auction sale, buying, handling, sorting, grading,
        packing, or storing green leaf tobacco of type 32 (as such type
        is defined by the Secretary of Agriculture), or
          (C) in auction sale, buying, handling, stripping, sorting,
        grading, sizing, packing, or stemming prior to packing, of
        perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46,
        51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the
        Secretary of Agriculture); and

        (2) receives for - 
          (A) such employment by such employer which is in excess of
        ten hours in any workday, and
          (B) such employment by such employer which is in excess of
        forty-eight hours in any workweek,

      compensation at a rate not less than one and one-half times the
      regular rate at which he is employed.

    An employer who receives an exemption under this subsection shall
    not be eligible for any other exemption under this section.
    (n) Employment by street, suburban, or interurban electric railway,
      or local trolley or motorbus carrier
      In the case of an employee of an employer engaged in the business
    of operating a street, suburban or interurban electric railway, or
    local trolley or motorbus carrier (regardless of whether or not
    such railway or carrier is public or private or operated for profit
    or not for profit), in determining the hours of employment of such
    an employee to which the rate prescribed by subsection (a) of this
    section applies there shall be excluded the hours such employee was
    employed in charter activities by such employer if (1) the
    employee's employment in such activities was pursuant to an
    agreement or understanding with his employer arrived at before
    engaging in such employment, and (2) if employment in such
    activities is not part of such employee's regular employment.
    (o) Compensatory time
      (1) Employees of a public agency which is a State, a political
    subdivision of a State, or an interstate governmental agency may
    receive, in accordance with this subsection and in lieu of overtime
    compensation, compensatory time off at a rate not less than one and
    one-half hours for each hour of employment for which overtime
    compensation is required by this section.
      (2) A public agency may provide compensatory time under paragraph
    (1) only - 
        (A) pursuant to - 
          (i) applicable provisions of a collective bargaining
        agreement, memorandum of understanding, or any other agreement
        between the public agency and representatives of such
        employees; or
          (ii) in the case of employees not covered by subclause (i),
        an agreement or understanding arrived at between the employer
        and employee before the performance of the work; and

        (B) if the employee has not accrued compensatory time in excess
      of the limit applicable to the employee prescribed by paragraph
      (3).

    In the case of employees described in clause (A)(ii) hired prior to
    April 15, 1986, the regular practice in effect on April 15, 1986,
    with respect to compensatory time off for such employees in lieu of
    the receipt of overtime compensation, shall constitute an agreement
    or understanding under such clause (A)(ii). Except as provided in
    the previous sentence, the provision of compensatory time off to
    such employees for hours worked after April 14, 1986, shall be in
    accordance with this subsection.
      (3)(A) If the work of an employee for which compensatory time may
    be provided included work in a public safety activity, an emergency
    response activity, or a seasonal activity, the employee engaged in
    such work may accrue not more than 480 hours of compensatory time
    for hours worked after April 15, 1986. If such work was any other
    work, the employee engaged in such work may accrue not more than
    240 hours of compensatory time for hours worked after April 15,
    1986. Any such employee who, after April 15, 1986, has accrued 480
    or 240 hours, as the case may be, of compensatory time off shall,
    for additional overtime hours of work, be paid overtime
    compensation.
      (B) If compensation is paid to an employee for accrued
    compensatory time off, such compensation shall be paid at the
    regular rate earned by the employee at the time the employee
    receives such payment.
      (4) An employee who has accrued compensatory time off authorized
    to be provided under paragraph (1) shall, upon termination of
    employment, be paid for the unused compensatory time at a rate of
    compensation not less than - 
        (A) the average regular rate received by such employee during
      the last 3 years of the employee's employment, or
        (B) the final regular rate received by such employee,

    whichever is higher (!3)

      (5) An employee of a public agency which is a State, political
    subdivision of a State, or an interstate governmental agency - 
        (A) who has accrued compensatory time off authorized to be
      provided under paragraph (1), and
        (B) who has requested the use of such compensatory time,

    shall be permitted by the employee's employer to use such time
    within a reasonable period after making the request if the use of
    the compensatory time does not unduly disrupt the operations of the
    public agency.
      (6) The hours an employee of a public agency performs court
    reporting transcript preparation duties shall not be considered as
    hours worked for the purposes of subsection (a) of this section if -
     
        (A) such employee is paid at a per-page rate which is not less
      than - 
          (i) the maximum rate established by State law or local
        ordinance for the jurisdiction of such public agency,
          (ii) the maximum rate otherwise established by a judicial or
        administrative officer and in effect on July 1, 1995, or
          (iii) the rate freely negotiated between the employee and the
        party requesting the transcript, other than the judge who
        presided over the proceedings being transcribed, and

        (B) the hours spent performing such duties are outside of the
      hours such employee performs other work (including hours for
      which the agency requires the employee's attendance) pursuant to
      the employment relationship with such public agency.

    For purposes of this section, the amount paid such employee in
    accordance with subparagraph (A) for the performance of court
    reporting transcript preparation duties, shall not be considered in
    the calculation of the regular rate at which such employee is
    employed.
      (7) For purposes of this subsection - 
        (A) the term "overtime compensation" means the compensation
      required by subsection (a), and
        (B) the terms "compensatory time" and "compensatory time off"
      mean hours during which an employee is not working, which are not
      counted as hours worked during the applicable workweek or other
      work period for purposes of overtime compensation, and for which
      the employee is compensated at the employee's regular rate.
    (p) Special detail work for fire protection and law enforcement
      employees; occasional or sporadic employment; substitution
      (1) If an individual who is employed by a State, political
    subdivision of a State, or an interstate governmental agency in
    fire protection or law enforcement activities (including activities
    of security personnel in correctional institutions) and who, solely
    at such individual's option, agrees to be employed on a special
    detail by a separate or independent employer in fire protection,
    law enforcement, or related activities, the hours such individual
    was employed by such separate and independent employer shall be
    excluded by the public agency employing such individual in the
    calculation of the hours for which the employee is entitled to
    overtime compensation under this section if the public agency - 
        (A) requires that its employees engaged in fire protection, law
      enforcement, or security activities be hired by a separate and
      independent employer to perform the special detail,
        (B) facilitates the employment of such employees by a separate
      and independent employer, or
        (C) otherwise affects the condition of employment of such
      employees by a separate and independent employer.

      (2) If an employee of a public agency which is a State, political
    subdivision of a State, or an interstate governmental agency
    undertakes, on an occasional or sporadic basis and solely at the
    employee's option, part-time employment for the public agency which
    is in a different capacity from any capacity in which the employee
    is regularly employed with the public agency, the hours such
    employee was employed in performing the different employment shall
    be excluded by the public agency in the calculation of the hours
    for which the employee is entitled to overtime compensation under
    this section.
      (3) If an individual who is employed in any capacity by a public
    agency which is a State, political subdivision of a State, or an
    interstate governmental agency, agrees, with the approval of the
    public agency and solely at the option of such individual, to
    substitute during scheduled work hours for another individual who
    is employed by such agency in the same capacity, the hours such
    employee worked as a substitute shall be excluded by the public
    agency in the calculation of the hours for which the employee is
    entitled to overtime compensation under this section.
    (q) Maximum hour exemption for employees receiving remedial
      education
      Any employer may employ any employee for a period or periods of
    not more than 10 hours in the aggregate in any workweek in excess
    of the maximum workweek specified in subsection (a) of this section
    without paying the compensation for overtime employment prescribed
    in such subsection, if during such period or periods the employee
    is receiving remedial education that is - 
        (1) provided to employees who lack a high school diploma or
      educational attainment at the eighth grade level;
        (2) designed to provide reading and other basic skills at an
      eighth grade level or below; and
        (3) does not include job specific training.
    (r) Reasonable break time for nursing mothers
      (1) An employer shall provide - 
        (A) a reasonable break time for an employee to express breast
      milk for her nursing child for 1 year after the child's birth
      each time such employee has need to express the milk; and
        (B) a place, other than a bathroom, that is shielded from view
      and free from intrusion from coworkers and the public, which may
      be used by an employee to express breast milk.

      (2) An employer shall not be required to compensate an employee
    receiving reasonable break time under paragraph (1) for any work
    time spent for such purpose.
      (3) An employer that employs less than 50 employees shall not be
    subject to the requirements of this subsection, if such
    requirements would impose an undue hardship by causing the employer
    significant difficulty or expense when considered in relation to
    the size, financial resources, nature, or structure of the
    employer's business.
      (4) Nothing in this subsection shall preempt a State law that
    provides greater protections to employees than the protections
    provided for under this subsection.