Notes on 29 U.S.C. § 207 : US Code - Notes

Search Notes on 29 U.S.C. § 207 : US Code - Notes

    (June 25, 1938, ch. 676, Sec. 7, 52 Stat. 1063; Oct. 29, 1941, ch.
    461, 55 Stat. 756; July 20, 1949, ch. 352, Sec. 1, 63 Stat. 446;
    Oct. 26, 1949, ch. 736, Sec. 7, 63 Stat. 912; Pub. L. 87-30, Sec.
    6, May 5, 1961, 75 Stat. 69; Pub. L. 89-601, title II, Secs.
    204(c), (d), 212(b), title IV, Secs. 401-403, Sept. 23, 1966, 80
    Stat. 835-837, 841, 842; Pub. L. 93-259, Secs. 6(c)(1), 7(b)(2),
    9(a), 12(b), 19, 21(a), Apr. 8, 1974, 88 Stat. 60, 62, 64, 66, 68;
    Pub. L. 99-150, Secs. 2(a), 3(a)-(c)(1), Nov. 13, 1985, 99 Stat.
    787, 789; Pub. L. 101-157, Sec. 7, Nov. 17, 1989, 103 Stat. 944;
    Pub. L. 104-26, Sec. 2, Sept. 6, 1995, 109 Stat. 264; Pub. L. 106-
    202, Sec. 2(a), (b), May 18, 2000, 114 Stat. 308, 309; Pub. L. 111-
    148, title IV, Sec. 4207, Mar. 23, 2010, 124 Stat. 577.)


                            REFERENCES IN TEXT                        
      The Fair Labor Standards Amendments of 1966, referred to in
    subsec. (a)(2), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830.
    For complete classification of this Act to the Code, see Short
    Title of 1966 Amendment note set out under section 201 of this
    title and Tables.
      The effective date of the Fair Labor Standards Amendments of
    1966, referred to in subsec. (a)(2)(A), means the effective date of
    Pub. L. 89-601, which is Feb. 1, 1967 except as otherwise provided,
    see section 602 of Pub. L. 89-601, set out as an Effective Date of
    1966 Amendment note under section 203 of this title.
      Section 6(c)(3) of the Fair Labor Standards Amendments of 1974,
    referred to in subsec. (k)(1), is Pub. L. 93-259, Sec. 6(c)(3),
    Apr. 8, 1974, 88 Stat. 61, which is set out as a note under section
    213 of this title.



                                AMENDMENTS                            
      2010 - Subsec. (r). Pub. L. 111-148 added subsec. (r).
      2000 - Subsec. (e)(8). Pub. L. 106-202, Sec. 2(a), added par.
    (8).
      Subsec. (h). Pub. L. 106-202, Sec. 2(b), designated existing
    provisions as par. (2) and added par. (1).
      1995 - Subsec. (o)(6), (7). Pub. L. 104-26 added par. (6) and
    redesignated former par. (6) as (7).
      1989 - Subsec. (q). Pub. L. 101-157 added subsec. (q).
      1985 - Subsec. (o). Pub. L. 99-150, Sec. 2(a), added subsec. (o).
      Subsec. (p). Pub. L. 99-150, Sec. 3(a)-(c)(1), added subsec. (p).
      1974 - Subsec. (c). Pub. L. 93-259, Sec. 19(a), (b), substituted
    "seven workweeks" for "ten workweeks", "ten workweeks" for
    "fourteen workweeks" and "forty-eight hours" for "fifty hours"
    effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted
    "five workweeks" for "seven workweeks" and "seven workweeks" for
    "ten workweeks" effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d),
    substituted "three workweeks" for "five workweeks" and "five
    workweeks" for "seven workweeks" effective Jan. 1, 1976. Pub. L. 93-
    259, Sec. 19(e), repealed subsec. (c) effective Dec. 31, 1976.
      Subsec. (d). Pub. L. 93-259, Sec. 19(a), (b), substituted "seven
    workweeks" for "ten workweeks", "ten workweeks" for "fourteen
    workweeks" and "forty-eight hours" for "fifty hours" effective May
    1, 1974. Pub. L. 93-259, Sec. 19(c), substituted "five workweeks"
    for "seven workweeks" and "seven workweeks" for "ten workweeks"
    effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted
    "three workweeks" for "five workweeks" and "five workweeks" for
    "seven workweeks" effective Jan. 1, 1976. Pub. L. 93-259, Sec.
    19(e), repealed subsec. (d) effective Dec. 31, 1976.
      Subsec. (j). Pub. L. 93-259, Sec. 12(b), extended provision
    excepting from being considered a subsec. (a) violation agreements
    or undertakings between employers and employees respecting
    consecutive work period and overtime compensation to agreements
    between employers engaged in operation of 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 and
    employees respecting consecutive work period and overtime
    compensation.
      Subsec. (k). Pub. L. 93-259, Sec. 6(c)(1)(D), effective Jan. 1,
    1978, substituted in par. (1) "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" for
    "exceed 216 hours" and inserted in par. (2) "(or if lower, the
    number of hours referred to in clause (B) of paragraph (1)".
      Pub. L. 93-259, Sec. 6(c)(1)(C), substituted "216 hours" for "232
    hours", wherever appearing, effective Jan. 1, 1977.
      Pub. L. 93-259, Sec. 6(c)(1)(B), substituted "232 hours" for "240
    hours", wherever appearing, effective Jan. 1, 1976.
      Pub. L. 93-259, Sec. 6(c)(1)(A), added subsec. (k), effective
    Jan. 1, 1975.
      Subsec. (l). Pub. L. 93-259, Sec. 7(b)(2), added subsec. (l).
      Subsec. (m). Pub. L. 93-259, Sec. 9(a), added subsec. (m).
      Subsec. (n). Pub. L. 93-259, Sec. 21(a), added subsec. (n).
      1966 - Subsec. (a). Pub. L. 89-601, Sec. 401, retained provision
    for 40-hour workweek and compensation for employment in excess of
    40 hours at not less than one and one-half times the regular rate
    of pay and substituted provisions setting out a phased timetable
    for the workweek in the case of employees covered by the overtime
    provisions for the first time under the Fair Labor Standards
    Amendments of 1966 beginning at 44 hours during the first year from
    the effective date of the Fair Labor Standards Amendments of 1966,
    42 hours during the second year from such date, and 40 hours after
    the expiration of the second year from such date, for provisions
    giving a phased timetable for workweeks in the case of employees
    first covered under the provisions of the Fair Labor Standards
    Amendments of 1961.
      Subsec. (b)(3). Pub. L. 89-601, Sec. 212(b), substituted
    provisions granting an overtime exemption for petroleum
    distribution employees if they receive compensation for the hours
    of employment in excess of 40 hours in any workweek at a rate not
    less than one and one-half times the applicable minimum wage rate
    and if the enterprises do an annual gross sales volume of less than
    $1,000,000, if more than 75 per centum of such enterprise's annual
    dollar volume of sales is made within the state in which the
    enterprise is located, and not more than 25 per centum of the
    annual dollar volume is to customers who are engaged in the bulk
    distribution of such products for resale for provisions covering
    employees for a period of not more than 14 workweeks in the
    aggregate in any calendar year in an industry found to be of a
    seasonal nature.
      Subsec. (c). Pub. L. 89-601, Sec. 204(c), substituted provisions
    for an overtime exemption of 10 weeks in any calendar year or 14
    weeks in the case of an employer not qualifying for the exemption
    in subsec. (d) of this section, limited to 10 hours a day and 50
    hours a week, applicable to employees employed in seasonal
    industries which are not engaged in agricultural processing, for
    provisions granting a year-round unlimited exemption applicable to
    employees of employers engaged in first processing of milk into
    dairy products, cotton compressing and ginning, cottonseed
    processing, and the processing of certain farm products into sugar,
    and granting a 14-week unlimited exemption applicable to employees
    of employers engaged in first processing of perishable or seasonal
    fresh fruits or vegetables first processing within the area of
    production of any agricultural commodity during a seasonal
    operation, or the handling or slaughtering of livestock and
    poultry.
      Subsec. (d). Pub. L. 89-601, Sec. 204(c), added subsec. (d).
    Former subsec. (d) redesignated (e).
      Subsecs. (e), (f). Pub. L. 89-601, Sec. 204(d)(1), redesignated
    former subsecs. (d) and (e) as (e) and (f) respectively. Former
    subsec. (f) redesignated (g).
      Subsecs. (g), (h). Pub. L. 89-601, Sec. 204(d)(1), (2),
    redesignated former subsecs. (f) and (g) as subsecs. (g) and (h)
    respectively, and in subsecs. (g) and (h) as so redesignated,
    substituted reference to "subsection (e)" for reference to
    "subsection (d)." Former subsec. (h) redesignated (i).
      Subsec. (i). Pub. L. 89-601, Secs. 204(d)(1), 402, redesignated
    former subsec. (h) as (i) and inserted provision that, 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.
      Subsec. (j). Pub. L. 89-601, Sec. 403, added subsec. (j).
      1961 - Subsec. (a). Pub. L. 87-30, Sec. 6(a), designated existing
    provisions as par. (1), inserted "in any workweek", and added par.
    (2).
      Subsec. (b)(2). Pub. L. 87-30, Sec. 6(b), substituted "in excess
    of the maximum workweek applicable to such employee under
    subsection (a) of this section" for "in excess of forty hours in
    the workweek".
      Subsec. (d)(5), (7). Pub. L. 87-30, Sec. 6(c), (d), substituted
    "in excess of the maximum workweek applicable to such employee
    under subsection (a) of this section" for "forty in a workweek" in
    par. (5) and "the maximum workweek applicable to such employee
    under subsection (a) of this section" for "forty hours" in par.
    (7).
      Subsec. (e). Pub. L. 87-30, Sec. 6(e), substituted "the maximum
    workweek applicable to such employee under subsection (a) of this
    section", "subsection (a) or (b) of section 206 of this title
    (whichever may be applicable" and "such maximum" for "forty hours",
    "section 206(a) of this title" and "forty in any", respectively.
      Subsec. (f). Pub. L. 87-30, Sec. 6(f), substituted "the maximum
    workweek applicable to such employee under subsection" for "forty
    hours" in two places.
      Subsec. (h). Pub. L. 87-30, Sec. 6(g), added subsec. (h).
      1949 - Subsec. (a). Act Oct. 26, 1949, continued requirement that
    employment in excess of 40 hours in a workweek be compensated at
    rate not less than 1 1/2  times regular rate except as to employees
    specifically exempted.
      Subsec. (b)(1). Act Oct. 26, 1949, increased employment period
    limitation from one thousand hours to one thousand and forty hours
    in semi-annual agreements.
      Subsec. (b)(2). Act Oct. 26, 1949, increased employment period
    limitation from two thousand and eighty hours to two thousand two
    hundred and forty hours in annual agreements, fixed minimum and
    maximum guaranteed employment periods, and provided for overtime
    rate for hours worked in excess of the guaranty.
      Subsec. (c). Act Oct. 26, 1949, added buttermilk to commodities
    listed for first processing.
      Subsec. (d). Act Oct. 26, 1949, struck out former subsec. (d) and
    inserted a new subsec. (d) defining regular rate with certain
    specified types of payments excepted.
      Subsec. (e) added by act July 20, 1949, and amended by act Oct.
    26, 1949, which determined compensation to be paid for irregular
    hours of work.
      Subsecs. (f) and (g). Act Oct. 26, 1949, added subsecs. (f) and
    (g).
      1941 - Subsec. (b)(2) amended by act Oct. 29, 1941.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-202, Sec. 2(c), May 18, 2000, 114 Stat. 309, provided
    that: "The amendments made by this section [amending this section]
    shall take effect on the date that is 90 days after the date of
    enactment of this Act [May 18, 2000]."

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 3 of Pub. L. 104-26 provided that: "The amendments made
    by section 2 [amending this section] shall apply after the date of
    the enactment of this Act [Sept. 6, 1995] and with respect to
    actions brought in a court after the date of the enactment of this
    Act."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section
    6 of Pub. L. 99-150, set out as a note under section 203 of this
    title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Section 6(c)(1)(A)-(D) of Pub. L. 93-259 provided that the
    amendments made by that section are effective Jan. 1, 1975, 1976,
    1977, and 1978, respectively.
      Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a)
    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.
      Section 19(c)-(e) of Pub. L. 93-259 provided that the amendments
    and repeals made by that section are effective Jan. 1, 1975, Jan.
    1, 1976, and Dec. 31, 1976, respectively.

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      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 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.

                                REGULATIONS                            
      Pub. L. 106-202, Sec. 2(e), May 18, 2000, 114 Stat. 309, provided
    that: "The Secretary of Labor may promulgate such regulations as
    may be necessary to carry out the amendments made by this Act
    [amending this section]."



                           TRANSFER OF FUNCTIONS                       
      Functions of all other officers of Department of Labor and
    functions of all agencies and employees of that Department, with
    exception of functions vested by Administrative Procedure Act (now
    covered by sections 551 et seq. and 701 et seq. of Title 5,
    Government Organization and Employees) in hearing examiners
    employed by Department, transferred to Secretary of Labor, with
    power vested in him to authorize their performance or performance
    of any of his functions by any of those officers, agencies, and
    employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,
    64 Stat. 1263, set out in the Appendix to Title 5.



                   APPLICABILITY; LIABILITY OF EMPLOYERS               
      Pub. L. 110-244, title III, Sec. 306, June 6, 2008, 122 Stat.
    1620, provided that:
      "(a) Applicability Following This Act. - Beginning on the date of
    enactment of this Act [June 6, 2008], section 7 of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 207) shall apply to a covered
    employee notwithstanding section 13(b)(1) of that Act (29 U.S.C.
    213(b)(1)).
      "(b) Liability Limitation Following SAFETEA-LU. - 
        "(1) Limitation on liability. - An employer shall not be liable
      for a violation of section 7 of the Fair Labor Standards Act of
      1938 (29 U.S.C. 207) with respect to a covered employee if - 
          "(A) the violation occurred in the 1-year period beginning on
        August 10, 2005; and
          "(B) as of the date of the violation, the employer did not
        have actual knowledge that the employer was subject to the
        requirements of such section with respect to the covered
        employee.
        "(2) Actions to recover amounts previously paid. - Nothing in
      paragraph (1) shall be construed to establish a cause of action
      for an employer to recover amounts paid before the date of
      enactment of this Act [June 6, 2008] in settlement of, in
      compromise of, or pursuant to a judgment rendered regarding a
      claim or potential claim based on an alleged or proven violation
      of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
      207) occurring in the 1-year period referred to in paragraph
      (1)(A) with respect to a covered employee.
      "(c) Covered Employee Defined. - In this section, the term
    'covered employee' means an individual - 
        "(1) who is employed by a motor carrier or motor private
      carrier (as such terms are defined by section 13102 of title 49,
      United States Code, as amended by section 305);
        "(2) whose work, in whole or in part, is defined - 
          "(A) as that of a driver, driver's helper, loader, or
        mechanic; and
          "(B) as affecting the safety of operation of motor vehicles
        weighing 10,000 pounds or less in transportation on public
        highways in interstate or foreign commerce, except vehicles - 
            "(i) designed or used to transport more than 8 passengers
          (including the driver) for compensation;
            "(ii) designed or used to transport more than 15 passengers
          (including the driver) and not used to transport passengers
          for compensation; or
            "(iii) used in transporting material found by the Secretary
          of Transportation to be hazardous under section 5103 of title
          49, United States Code, and transported in a quantity
          requiring placarding under regulations prescribed by the
          Secretary under section 5103 of title 49, United States Code;
          and
        "(3) who performs duties on motor vehicles weighing 10,000
      pounds or less."

                          LIABILITY OF EMPLOYERS                      
      Pub. L. 106-202, Sec. 2(d), May 18, 2000, 114 Stat. 309, provided
    that: "No employer shall be liable under the Fair Labor Standards
    Act of 1938 [29 U.S.C. 201 et seq.] for any failure to include in
    an employee's regular rate (as defined for purposes of such Act)
    any income or value derived from employer-provided grants or rights
    obtained pursuant to any stock option, stock appreciation right, or
    employee stock purchase program if - 
        "(1) the grants or rights were obtained before the effective
      date described in subsection (c) [set out as an Effective Date of
      2000 Amendment note above];
        "(2) the grants or rights were obtained within the 12-month
      period beginning on the effective date described in subsection
      (c), so long as such program was in existence on the date of
      enactment of this Act [May 18, 2000] and will require shareholder
      approval to modify such program to comply with section 7(e)(8) of
      the Fair Labor Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as
      added by the amendments made by subsection (a)); or
        "(3) such program is provided under a collective bargaining
      agreement that is in effect on the effective date described in
      subsection (c)."

     COMPENSATORY TIME; COLLECTIVE BARGAINING AGREEMENTS IN EFFECT ON
                              APRIL 15, 1986
      Section 2(b) of Pub. L. 99-150 provided that: "A collective
    bargaining agreement which is in effect on April 15, 1986, and
    which permits compensatory time off in lieu of overtime
    compensation shall remain in effect until its expiration date
    unless otherwise modified, except that compensatory time shall be
    provided after April 14, 1986, in accordance with section 7(o) of
    the Fair Labor Standards Act of 1938 (as added by subsection (a))
    [29 U.S.C. 207(o)]."

                DEFERMENT OF MONETARY OVERTIME COMPENSATION            
      Section 2(c)(2) of Pub. L. 99-150 provided that: "A State,
    political subdivision of a State, or interstate governmental agency
    may defer until August 1, 1986, the payment of monetary overtime
    compensation under section 7 of the Fair Labor Standards Act of
    1938 [29 U.S.C. 207] for hours worked after April 14, 1986."

        EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY
    LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT
                                  POLICY
      Amendment by Pub. L. 99-150 not to affect liability of certain
    public agencies under section 216 of this title for violation of
    this section occurring before Apr. 15, 1986, see section 7 of Pub.
    L. 99-150, set out as a note under section 216 of this title.

      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 BY SECRETARY OF LABOR OF EXCESSIVE OVERTIME         
      Pub. L. 89-601, title VI, Sec. 603, Sept. 23, 1966, 80 Stat. 844,
    directed Secretary of Labor to make a complete study of practices
    dealing with overtime payments for work in excess of forty hours
    per week and the extent to which such overtime work impeded the
    creation of new job opportunities in American industry and
    instructed him to report to the Congress by July 1, 1967, the
    findings of such survey with appropriate recommendations.



           EX. ORD. NO. 9607. FORTY-EIGHT HOUR WARTIME WORKWEEK       
      Ex. Ord. No. 9607, Aug. 30, 1945, 10 F.R. 11191, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes as President of the United States it is ordered that
    Executive Order 9301 of February 9, 1943 [8 F.R. 1825] (formerly
    set out as note under this section), establishing a minimum wartime
    workweek of forty-eight hours, be, and it is hereby, revoked.
                                                         Harry S Truman.


                       DEFINITION OF "ADMINISTRATOR"                   
      The term "Administrator" as meaning the Administrator of the Wage
    and Hour Division, see section 204 of this title.


    (footnote 1) So in original. Probably should not be capitalized.

    (footnote 2) So in original. The comma probably should be preceded by a
         closing parenthesis.

               

    (footnote 3) So in original. Probably should be followed by a period.