Notes on 29 U.S.C. § 208 : US Code - Notes

Search Notes on 29 U.S.C. § 208 : US Code - Notes

(June 25, 1938, ch. 676, Sec. 8, 52 Stat. 1064; Oct. 26, 1949, ch.
736, Sec. 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, Secs. 4, 5(b)-
(e), 69 Stat. 711, 712; Pub. L. 85-750, Aug. 25, 1958, 72 Stat.
844; Pub. L. 87-30, Sec. 7, May 5, 1961, 75 Stat. 70; Pub. L. 93-
259, Sec. 5(c)(1), (d), Apr. 8, 1974, 88 Stat. 58; Pub. L. 95-151,
Sec. 2(d)(3), Nov. 1, 1977, 91 Stat. 1246; Pub. L. 101-157, Sec.
4(c), Nov. 17, 1989, 103 Stat. 940; Pub. L. 101-583, Sec. 1, Nov.
15, 1990, 104 Stat. 2871.)
REFERENCES IN TEXT
Section 206(c) of this title, referred to in subsec. (a), was
repealed by Pub. L. 104-188, title II, Sec. 2104(c), Aug. 20, 1996,
110 Stat. 1929.
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-583, which directed the
substitution of "unless there is evidence in the record which
establishes that the industry, or a predominant portion thereof, is
unable to pay that wage due to such economic and competitive
conditions" for "unless there is substantial documentary evidence,
including pertinent unabridged profit and loss statements and
balance sheets for a representative period of years or in the case
of employees of public agencies other appropriate information, in
the record which establishes that the industry, or a predominant
portion thereof, is unable to pay that wage" in "section 8(b) (29
U.S.C. 208(b))", was executed by making the substitution in section
8(b) of the Fair Labor Standards Act of 1938, act June 25, 1938,
ch. 676, which is classified to subsec. (b) of this section, to
reflect the probable intent of Congress.
1989 - Pub. L. 101-157, Sec. 4(c)(5), substituted "American
Samoa" for "Puerto Rico and the Virgin Islands" in section
catchline.
Subsec. (a). Pub. L. 101-157, Sec. 4(c), substituted "American
Samoa engaged" for "Puerto Rico and the Virgin Islands engaged",
struck out "The Secretary shall, from time to time, convene an
industry committee or committees, appointed pursuant to section 205
of this title, and any such industry committee -
"(1) shall, from time to time, recommend the minimum wage rates
to be paid by employers who are in Puerto Rico, in the Virgin
Islands, or in both places and who but for section 206(c) of this
title would be subject to the minimum wage requirements of
section 206(a)(1) of this title, and
"(2) may, from time to time, recommend increases in the
incremental increases authorized by section 206(c)(2) of this
title."
after "section 206(c) of this title.", substituted "American Samoa
engaged" for "Puerto Rico or the Virgin Islands, or in Puerto Rico
and the Virgin Islands, engaged" and inserted ", and who but for
section 206(a)(3) of this title would be subject to the minimum
wage requirements of section 206(a)(1) of this title".
Subsec. (b). Pub. L. 101-157, Sec. 4(c)(4), substituted "American
Samoa a competitive" for "Puerto Rico or in the Virgin Islands a
competitive", "American Samoa; except" for "Puerto Rico and the
Virgin Islands; except", and "section 206(a)(3) of this title" for
"section 206(c) of this title".
1977 - Subsec. (a). Pub. L. 95-151 inserted provisions relating
to appointment of industry committees by the Secretary and
functions of such industry committees.
1974 - Subsec. (a). Pub. L. 93-259, Sec. 5(d)(1), (2),
substituted in first sentence "the minimum wage rate which would
apply in each such industry under paragraph (1) or (5) of section
206(a) of this title but for section 206(c) of this title" for "the
minimum wage prescribed in paragraph (1) of section 206(a) of this
title in each such industry" and in third sentence "the otherwise
applicable minimum wage rate in effect under paragraph (1) or (5)
of section 206(a) of this title" for "the minimum wage rate
prescribed in paragraph (1) of section 206(a) of this title".
Subsec. (b). Pub. L. 93-259, Sec. 5(c)(1), required committee to
recommend minimum wage rate prescribed in section 206(a) or 206(b)
of this title, which would be applicable but for section 206(c) of
this title, unless industry is unable to pay that wage as
established by substantial documentary evidence or in case of
employees of public agencies other appropriate information in the
record.
Subsec. (c). Pub. L. 93-259, Sec. 5(d)(3), substituted "in effect
under paragraph (1) or (5) of section 206(a) of this title (as the
case may be)" for "prescribed in paragraph (1) of section 206(a) of
this title".
1961 - Subsec. (a). Pub. L. 87-30 inserted "or enterprises" after
"industries" in first sentence and "or in any enterprise engaged in
commerce or in the production of goods for commerce" after
"production of goods for commerce" in second sentence.
1958 - Subsec. (a). Pub. L. 85-750 provided for biennial instead
of an annual review of rates and for additional review, in
Secretary's discretion, during any biennial period.
1955 - Subsec. (a). Act Aug. 12, 1955, Sec. 4, required review of
minimum wage rates at least once each fiscal year.
Subsec. (b). Act Aug. 12, 1955, Sec. 5(b), permitted industry
committee or any authorized subcommittee to hear witnesses and
receive evidence only after due notice.
Subsec. (c). Act Aug. 12, 1955, Sec. 5(c), struck out provisions
which applied to Administrator in determining classifications and
minimum wage rates.
Subsec. (d). Act Aug. 12, 1955, Sec. 5(d), struck out provisions
which required hearings to be held on recommendations of industry
committee, and inserted provisions requiring publication of
recommendations and providing that such recommendations should take
effect 15 days after date of publication.
Subsec. (e). Act Aug. 12, 1955, Sec. 5(e), struck out provisions
which required due notice of orders by publication in Federal
Register and by other means as Administrator deemed reasonably
calculated to give general notice to interested persons.
1949 - Subsec. (a). Act Oct. 26, 1949, stated policy of chapter
with regard to minimum wage rate of industries in Puerto Rico and
Virgin Islands and limited application of section to such
industries.
Subsec. (b). Act Oct. 26, 1949, required an industry committee in
fixing minimum wage rates not to give a competitive advantage to
industries in Puerto Rico and Virgin Islands over United States
industries.
Subsec. (c). Act Oct. 26, 1949, struck out "for any industry"
before "shall recommend" and substituted "that prescribed in
paragraph (1) of section 206(a) of this title" for "40 cents an
hour" within parenthesis in first sentence.
Subsec. (d). Act Oct. 26, 1949, reenacted subsec. (d) without
change.
Subsecs. (e) to (g). Act Oct. 26, 1949, struck out subsec. (e)
and redesignated subsecs. (f) and (g) as (e) and (f), respectively.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by 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 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 1955 AMENDMENT
Section 4 of act Aug. 12, 1955, provided that the amendment made
by that section is effective July 1, 1956.
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 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.
ORDERS, REGULATIONS, INTERPRETATIONS OR AGREEMENTS PRIOR TO 1949
AMENDMENTS
Section 16(c) of act Oct. 26, 1949, provided that: "Any order,
regulation, or interpretation of the Administrator of the Wage and
Hour Division or of the Secretary of Labor, and any agreement
entered into by the Administrator or the Secretary, in effect under
the provisions of the Fair Labor Standards Act of 1938, as amended
[this chapter], on the effective date of this Act [ninety days from
Oct. 26, 1949], shall remain in effect as an order, regulation,
interpretation, or agreement of the Administrator or the Secretary,
as the case may be, pursuant to this Act, except to the extent that
any such order, regulation, interpretation, or agreement may be
inconsistent with the provisions of this Act, or may from time to
time be amended, modified, or rescinded by the Administrator or the
Secretary, as the case may be, in accordance with the provisions of
this Act."
WAGE ORDERS ISSUED PRIOR TO JUNE 26, 1940, IN PUERTO RICO OR THE
VIRGIN ISLANDS
Joint Res. June 26, 1940, ch. 432, Sec. 3(d), 54 Stat. 616,
provided as follows: "No wage orders issued by the Administrator
pursuant to the recommendations of an industry committee made prior
to the enactment of this joint resolution pursuant to section 8
(this section) of the Fair Labor Standards Act of 1938 shall after
such enactment be applicable with respect to any employees engaged
in commerce or in the production of goods for commerce in Puerto
Rico or the Virgin Islands."
DEFINITION OF "ADMINISTRATOR"
The term "Administrator" as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
DEFINITION OF "SECRETARY"
The term "Secretary" as meaning the Secretary of Labor, see
section 6 of act Aug. 12, 1955, set out as a note under section 204
of this title.
(!1) See References in Text note below.