29 U.S.C. § 213 : US Code - Section 213: Exemptions

Search 29 U.S.C. § 213 : US Code - Section 213: Exemptions

(a) Minimum wage and maximum hour requirements
The provisions of sections 206 (except subsection (d) in the case
of paragraph (1) of this subsection) and 207 of this title shall
not apply with respect to -
(1) any employee employed in a bona fide executive,
administrative, or professional capacity (including any employee
employed in the capacity of academic administrative personnel or
teacher in elementary or secondary schools), or in the capacity
of outside salesman (as such terms are defined and delimited from
time to time by regulations of the Secretary, subject to the
provisions of subchapter II of chapter 5 of title 5, except that
an employee of a retail or service establishment shall not be
excluded from the definition of employee employed in a bona fide
executive or administrative capacity because of the number of
hours in his workweek which he devotes to activities not directly
or closely related to the performance of executive or
administrative activities, if less than 40 per centum of his
hours worked in the workweek are devoted to such activities); or
(2) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103
Stat. 939.
(3) any employee employed by an establishment which is an
amusement or recreational establishment, organized camp, or
religious or non-profit educational conference center, if (A) it
does not operate for more than seven months in any calendar year,
or (B) during the preceding calendar year, its average receipts
for any six months of such year were not more than 33 1/3 per
centum of its average receipts for the other six months of such
year, except that the exemption from sections 206 and 207 of this
title provided by this paragraph does not apply with respect to
any employee of a private entity engaged in providing services or
facilities (other than, in the case of the exemption from section
206 of this title, a private entity engaged in providing services
and facilities directly related to skiing) in a national park or
a national forest, or on land in the National Wildlife Refuge
System, under a contract with the Secretary of the Interior or
the Secretary of Agriculture; or
(4) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103
Stat. 939.
(5) any employee employed in the catching, taking, propagating,
harvesting, cultivating, or farming of any kind of fish,
shellfish, crustacea, sponges, seaweeds, or other aquatic forms
of animal and vegetable life, or in the first processing, canning
or packing such marine products at sea as an incident to, or in
conjunction with, such fishing operations, including the going to
and returning from work and loading and unloading when performed
by any such employee; or
(6) any employee employed in agriculture (A) if such employee
is employed by an employer who did not, during any calendar
quarter during the preceding calendar year, use more than five
hundred man-days of agricultural labor, (B) if such employee is
the parent, spouse, child, or other member of his employer's
immediate family, (C) if such employee (i) is employed as a hand
harvest laborer and is paid on a piece rate basis in an operation
which has been, and is customarily and generally recognized as
having been, paid on a piece rate basis in the region of
employment, (ii) commutes daily from his permanent residence to
the farm on which he is so employed, and (iii) has been employed
in agriculture less than thirteen weeks during the preceding
calendar year, (D) if such employee (other than an employee
described in clause (C) of this subsection) (i) is sixteen years
of age or under and is employed as a hand harvest laborer, is
paid on a piece rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid on a
piece rate basis in the region of employment, (ii) is employed on
the same farm as his parent or person standing in the place of
his parent, and (iii) is paid at the same piece rate as employees
over age sixteen are paid on the same farm, or (E) if such
employee is principally engaged in the range production of
livestock; or
(7) any employee to the extent that such employee is exempted
by regulations, order, or certificate of the Secretary issued
under section 214 of this title; or
(8) any employee employed in connection with the publication of
any weekly, semiweekly, or daily newspaper with a circulation of
less than four thousand the major part of which circulation is
within the county where published or counties contiguous thereto;
or
(9) Repealed. Pub. L. 93-259, Sec. 23(a)(1), Apr. 8, 1974, 88
Stat. 69.
(10) any switchboard operator employed by an independently
owned public telephone company which has not more than seven
hundred and fifty stations; or
(11) Repealed. Pub. L. 93-259, Sec. 10(a), Apr. 8, 1974, 88
Stat. 63.
(12) any employee employed as a seaman on a vessel other than
an American vessel; or
(13), (14) Repealed. Pub. L. 93-259, Secs. 9(b)(1), 23(b)(1),
Apr. 8, 1974, 88 Stat. 63, 69.
(15) any employee employed on a casual basis in domestic
service employment to provide babysitting services or any
employee employed in domestic service employment to provide
companionship services for individuals who (because of age or
infirmity) are unable to care for themselves (as such terms are
defined and delimited by regulations of the Secretary); or
(16) a criminal investigator who is paid availability pay under
section 5545a of title 5; or
(17) any employee who is a computer systems analyst, computer
programmer, software engineer, or other similarly skilled worker,
whose primary duty is -
(A) the application of systems analysis techniques and
procedures, including consulting with users, to determine
hardware, software, or system functional specifications;
(B) the design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to user or
system design specifications;
(C) the design, documentation, testing, creation, or
modification of computer programs related to machine operating
systems; or
(D) a combination of duties described in subparagraphs (A),
(B), and (C) the performance of which requires the same level
of skills, and
who, in the case of an employee who is compensated on an hourly
basis, is compensated at a rate of not less than $27.63 an hour.
(b) Maximum hour requirements
The provisions of section 207 of this title shall not apply with
respect to -
(1) any employee with respect to whom the Secretary of
Transportation has power to establish qualifications and maximum
hours of service pursuant to the provisions of section 31502 of
title 49; or
(2) any employee of an employer engaged in the operation of a
rail carrier subject to part A of subtitle IV of title 49; or
(3) any employee of a carrier by air subject to the provisions
of title II of the Railway Labor Act [45 U.S.C. 181 et seq.]; or
(4) Repealed. Pub. L. 93-259, Sec. 11(c), Apr. 8, 1974, 88
Stat. 64.
(5) any individual employed as an outside buyer of poultry,
eggs, cream, or milk, in their raw or natural state; or
(6) any employee employed as a seaman; or
(7) Repealed. Pub. L. 93-259, Sec. 21(b)(3), Apr. 8, 1974, 88
Stat. 68.
(8) Repealed. Pub. L. 95-151, Sec. 14(b), Nov. 1, 1977, 91
Stat. 1252.
(9) any employee employed as an announcer, news editor, or
chief engineer by a radio or television station the major studio
of which is located (A) in a city or town of one hundred thousand
population or less, according to the latest available decennial
census figures as compiled by the Bureau of the Census, except
where such city or town is part of a standard metropolitan
statistical area, as defined and designated by the Office of
Management and Budget, which has a total population in excess of
one hundred thousand, or (B) in a city or town of twenty-five
thousand population or less, which is part of such an area but is
at least 40 airline miles from the principal city in such area;
or
(10)(A) any salesman, partsman, or mechanic primarily engaged
in selling or servicing automobiles, trucks, or farm implements,
if he is employed by a nonmanufacturing establishment primarily
engaged in the business of selling such vehicles or implements to
ultimate purchasers; or
(B) any salesman primarily engaged in selling trailers, boats,
or aircraft, if he is employed by a nonmanufacturing
establishment primarily engaged in the business of selling
trailers, boats, or aircraft to ultimate purchasers; or
(11) any employee employed as a driver or driver's helper
making local deliveries, who is compensated for such employment
on the basis of trip rates, or other delivery payment plan, if
the Secretary shall find that such plan has the general purpose
and effect of reducing hours worked by such employees to, or
below, the maximum workweek applicable to them under section
207(a) of this title; or
(12) any employee employed in agriculture or in connection with
the operation or maintenance of ditches, canals, reservoirs, or
waterways, not owned or operated for profit, or operated on a
sharecrop basis, and which are used exclusively for supply and
storing of water, at least 90 percent of which was ultimately
delivered for agricultural purposes during the preceding calendar
year; or
(13) any employee with respect to his employment in agriculture
by a farmer, notwithstanding other employment of such employee in
connection with livestock auction operations in which such farmer
is engaged as an adjunct to the raising of livestock, either on
his own account or in conjunction with other farmers, if such
employee (A) is primarily employed during his workweek in
agriculture by such farmer, and (B) is paid for his employment in
connection with such livestock auction operations at a wage rate
not less than that prescribed by section 206(a)(1) of this title;
or
(14) any employee employed within the area of production (as
defined by the Secretary) by an establishment commonly recognized
as a country elevator, including such an establishment which
sells products and services used in the operation of a farm, if
no more than five employees are employed in the establishment in
such operations; or
(15) any employee engaged in the processing of maple sap into
sugar (other than refined sugar) or syrup; or
(16) any employee engaged (A) in the transportation and
preparation for transportation of fruits or vegetables, whether
or not performed by the farmer, from the farm to a place of first
processing or first marketing within the same State, or (B) in
transportation, whether or not performed by the farmer, between
the farm and any point within the same State of persons employed
or to be employed in the harvesting of fruits or vegetables; or
(17) any driver employed by an employer engaged in the business
of operating taxicabs; or
(18), (19) Repealed. Pub. L. 93-259, Secs. 15(c), 16(b), Apr.
8, 1974, 88 Stat. 65.
(20) any employee of a public agency who in any workweek is
employed in fire protection activities or any employee of a
public agency who in any workweek is employed in law enforcement
activities (including security personnel in correctional
institutions), if the public agency employs during the workweek
less than 5 employees in fire protection or law enforcement
activities, as the case may be; or
(21) any employee who is employed in domestic service in a
household and who resides in such household; or
(22) Repealed. Pub. L. 95-151, Sec. 5, Nov. 1, 1977, 91 Stat.
1249.
(23) Repealed. Pub. L. 93-259, Sec. 10(b)(3), Apr. 8, 1974, 88
Stat. 64.
(24) any employee who is employed with his spouse by a
nonprofit educational institution to serve as the parents of
children -
(A) who are orphans or one of whose natural parents is
deceased, or
(B) who are enrolled in such institution and reside in
residential facilities of the institution,
while such children are in residence at such institution, if such
employee and his spouse reside in such facilities, receive,
without cost, board and lodging from such institution, and are
together compensated, on a cash basis, at an annual rate of not
less than $10,000; or
(25), (26) Repealed. Pub. L. 95-151, Secs. 6(a), 7(a), Nov. 1,
1977, 91 Stat. 1249, 1250.
(27) any employee employed by an establishment which is a
motion picture theater; or
(28) any employee employed in planting or tending trees,
cruising, surveying, or felling timber, or in preparing or
transporting logs or other forestry products to the mill,
processing plant, railroad, or other transportation terminal, if
the number of employees employed by his employer in such forestry
or lumbering operations does not exceed eight;
(29) any employee of an amusement or recreational establishment
located in a national park or national forest or on land in the
National Wildlife Refuge System if such employee (A) is an
employee of a private entity engaged in providing services or
facilities in a national park or national forest, or on land in
the National Wildlife Refuge System, under a contract with the
Secretary of the Interior or the Secretary of Agriculture, and
(B) receives compensation for employment in excess of fifty-six
hours in any workweek at a rate not less than one and one-half
times the regular rate at which he is employed; or
(30) a criminal investigator who is paid availability pay under
section 5545a of title 5.
(c) Child labor requirements
(1) Except as provided in paragraph (2) or (4), the provisions of
section 212 of this title relating to child labor shall not apply
to any employee employed in agriculture outside of school hours for
the school district where such employee is living while he is so
employed, if such employee -
(A) is less than twelve years of age and (i) is employed by his
parent, or by a person standing in the place of his parent, on a
farm owned or operated by such parent or person, or (ii) is
employed, with the consent of his parent or person standing in
the place of his parent, on a farm, none of the employees of
which are (because of subsection (a)(6)(A) of this section)
required to be paid at the wage rate prescribed by section
206(a)(5) of this title,
(B) is twelve years or thirteen years of age and (i) such
employment is with the consent of his parent or person standing
in the place of his parent, or (ii) his parent or such person is
employed on the same farm as such employee, or
(C) is fourteen years of age or older.
(2) The provisions of section 212 of this title relating to child
labor shall apply to an employee below the age of sixteen employed
in agriculture in an occupation that the Secretary of Labor finds
and declares to be particularly hazardous for the employment of
children below the age of sixteen, except where such employee is
employed by his parent or by a person standing in the place of his
parent on a farm owned or operated by such parent or person.
(3) The provisions of section 212 of this title relating to child
labor shall not apply to any child employed as an actor or
performer in motion pictures or theatrical productions, or in radio
or television productions.
(4)(A) An employer or group of employers may apply to the
Secretary for a waiver of the application of section 212 of this
title to the employment for not more than eight weeks in any
calendar year of individuals who are less than twelve years of age,
but not less than ten years of age, as hand harvest laborers in an
agricultural operation which has been, and is customarily and
generally recognized as being, paid on a piece rate basis in the
region in which such individuals would be employed. The Secretary
may not grant such a waiver unless he finds, based on objective
data submitted by the applicant, that -
(i) the crop to be harvested is one with a particularly short
harvesting season and the application of section 212 of this
title would cause severe economic disruption in the industry of
the employer or group of employers applying for the waiver;
(ii) the employment of the individuals to whom the waiver would
apply would not be deleterious to their health or well-being;
(iii) the level and type of pesticides and other chemicals used
would not have an adverse effect on the health or well-being of
the individuals to whom the waiver would apply;
(iv) individuals age twelve and above are not available for
such employment; and
(v) the industry of such employer or group of employers has
traditionally and substantially employed individuals under twelve
years of age without displacing substantial job opportunities for
individuals over sixteen years of age.
(B) Any waiver granted by the Secretary under subparagraph (A)
shall require that -
(i) the individuals employed under such waiver be employed
outside of school hours for the school district where they are
living while so employed;
(ii) such individuals while so employed commute daily from
their permanent residence to the farm on which they are so
employed; and
(iii) such individuals be employed under such waiver (I) for
not more than eight weeks between June 1 and October 15 of any
calendar year, and (II) in accordance with such other terms and
conditions as the Secretary shall prescribe for such individuals'
protection.
(5)(A) In the administration and enforcement of the child labor
provisions of this chapter, employees who are 16 and 17 years of
age shall be permitted to load materials into, but not operate or
unload materials from, scrap paper balers and paper box compactors -

(i) that are safe for 16- and 17-year-old employees loading the
scrap paper balers or paper box compactors; and
(ii) that cannot be operated while being loaded.
(B) For purposes of subparagraph (A), scrap paper balers and
paper box compactors shall be considered safe for 16- or 17-year-
old employees to load only if -
(i)(I) the scrap paper balers and paper box compactors meet the
American National Standards Institute's Standard ANSI Z245.5-1990
for scrap paper balers and Standard ANSI Z245.2-1992 for paper
box compactors; or
(II) the scrap paper balers and paper box compactors meet an
applicable standard that is adopted by the American National
Standards Institute after August 6, 1996, and that is certified
by the Secretary to be at least as protective of the safety of
minors as the standard described in subclause (I);
(ii) the scrap paper balers and paper box compactors include an
on-off switch incorporating a key-lock or other system and the
control of the system is maintained in the custody of employees
who are 18 years of age or older;
(iii) the on-off switch of the scrap paper balers and paper box
compactors is maintained in an off position when the scrap paper
balers and paper box compactors are not in operation; and
(iv) the employer of 16- and 17-year-old employees provides
notice, and posts a notice, on the scrap paper balers and paper
box compactors stating that -
(I) the scrap paper balers and paper box compactors meet the
applicable standard described in clause (i);
(II) 16- and 17-year-old employees may only load the scrap
paper balers and paper box compactors; and
(III) any employee under the age of 18 may not operate or
unload the scrap paper balers and paper box compactors.
The Secretary shall publish in the Federal Register a standard that
is adopted by the American National Standards Institute for scrap
paper balers or paper box compactors and certified by the Secretary
to be protective of the safety of minors under clause (i)(II).
(C)(i) Employers shall prepare and submit to the Secretary
reports -
(I) on any injury to an employee under the age of 18 that
requires medical treatment (other than first aid) resulting from
the employee's contact with a scrap paper baler or paper box
compactor during the loading, operation, or unloading of the
baler or compactor; and
(II) on any fatality of an employee under the age of 18
resulting from the employee's contact with a scrap paper baler or
paper box compactor during the loading, operation, or unloading
of the baler or compactor.
(ii) The reports described in clause (i) shall be used by the
Secretary to determine whether or not the implementation of
subparagraph (A) has had any effect on the safety of children.
(iii) The reports described in clause (i) shall provide -
(I) the name, telephone number, and address of the employer and
the address of the place of employment where the incident
occurred;
(II) the name, telephone number, and address of the employee
who suffered an injury or death as a result of the incident;
(III) the date of the incident;
(IV) a description of the injury and a narrative describing how
the incident occurred; and
(V) the name of the manufacturer and the model number of the
scrap paper baler or paper box compactor involved in the
incident.
(iv) The reports described in clause (i) shall be submitted to
the Secretary promptly, but not later than 10 days after the date
on which an incident relating to an injury or death occurred.
(v) The Secretary may not rely solely on the reports described in
clause (i) as the basis for making a determination that any of the
employers described in clause (i) has violated a provision of
section 212 of this title relating to oppressive child labor or a
regulation or order issued pursuant to section 212 of this title.
The Secretary shall, prior to making such a determination, conduct
an investigation and inspection in accordance with section 212(b)
of this title.
(vi) The reporting requirements of this subparagraph shall expire
2 years after August 6, 1996.
(6) In the administration and enforcement of the child labor
provisions of this chapter, employees who are under 17 years of age
may not drive automobiles or trucks on public roadways. Employees
who are 17 years of age may drive automobiles or trucks on public
roadways only if -
(A) such driving is restricted to daylight hours;
(B) the employee holds a State license valid for the type of
driving involved in the job performed and has no records of any
moving violation at the time of hire;
(C) the employee has successfully completed a State approved
driver education course;
(D) the automobile or truck is equipped with a seat belt for
the driver and any passengers and the employee's employer has
instructed the employee that the seat belts must be used when
driving the automobile or truck;
(E) the automobile or truck does not exceed 6,000 pounds of
gross vehicle weight;
(F) such driving does not involve -
(i) the towing of vehicles;
(ii) route deliveries or route sales;
(iii) the transportation for hire of property, goods, or
passengers;
(iv) urgent, time-sensitive deliveries;
(v) more than two trips away from the primary place of
employment in any single day for the purpose of delivering
goods of the employee's employer to a customer (other than
urgent, time-sensitive deliveries);
(vi) more than two trips away from the primary place of
employment in any single day for the purpose of transporting
passengers (other than employees of the employer);
(vii) transporting more than three passengers (including
employees of the employer); or
(viii) driving beyond a 30 mile radius from the employee's
place of employment; and
(G) such driving is only occasional and incidental to the
employee's employment.
For purposes of subparagraph (G), the term "occasional and
incidental" is no more than one-third of an employee's worktime in
any workday and no more than 20 percent of an employee's worktime
in any workweek.
(7)(A)(i) Subject to subparagraph (B), in the administration and
enforcement of the child labor provisions of this chapter, it shall
not be considered oppressive child labor for a new entrant into the
workforce to be employed inside or outside places of business where
machinery is used to process wood products.
(ii) In this paragraph, the term "new entrant into the workforce"
means an individual who -
(I) is under the age of 18 and at least the age of 14, and
(II) by statute or judicial order is exempt from compulsory
school attendance beyond the eighth grade.
(B) The employment of a new entrant into the workforce under
subparagraph (A) shall be permitted -
(i) if the entrant is supervised by an adult relative of the
entrant or is supervised by an adult member of the same religious
sect or division as the entrant;
(ii) if the entrant does not operate or assist in the operation
of power-driven woodworking machines;
(iii) if the entrant is protected from wood particles or other
flying debris within the workplace by a barrier appropriate to
the potential hazard of such wood particles or flying debris or
by maintaining a sufficient distance from machinery in operation;
and
(iv) if the entrant is required to use personal protective
equipment to prevent exposure to excessive levels of noise and
saw dust.
(d) Delivery of newspapers and wreathmaking
The provisions of sections 206, 207, and 212 of this title shall
not apply with respect to any employee engaged in the delivery of
newspapers to the consumer or to any homeworker engaged in the
making of wreaths composed principally of natural holly, pine,
cedar, or other evergreens (including the harvesting of the
evergreens or other forest products used in making such wreaths).
(e) Maximum hour requirements and minimum wage employees
The provisions of section 207 of this title shall not apply with
respect to employees for whom the Secretary of Labor is authorized
to establish minimum wage rates as provided in section 206(a)(3) of
this title, except with respect to employees for whom such rates
are in effect; and with respect to such employees the Secretary may
make rules and regulations providing reasonable limitations and
allowing reasonable variations, tolerances, and exemptions to and
from any or all of the provisions of section 207 of this title if
he shall find, after a public hearing on the matter, and taking
into account the factors set forth in section 206(a)(3) of this
title, that economic conditions warrant such action.
(f) Employment in foreign countries and certain United States
territories
The provisions of sections 206, 207, 211, and 212 of this title
shall not apply with respect to any employee whose services during
the workweek are performed in a workplace within a foreign country
or within territory under the jurisdiction of the United States
other than the following: a State of the United States; the
District of Columbia; Puerto Rico; the Virgin Islands; outer
Continental Shelf lands defined in the Outer Continental Shelf
Lands Act (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.];
American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll;
and Johnston Island.
(g) Certain employment in retail or service establishments,
agriculture
The exemption from section 206 of this title provided by
paragraph (6) of subsection (a) of this section shall not apply
with respect to any employee employed by an establishment (1) which
controls, is controlled by, or is under common control with,
another establishment the activities of which are not related for a
common business purpose to, but materially support the activities
of the establishment employing such employee; and (2) whose annual
gross volume of sales made or business done, when combined with the
annual gross volume of sales made or business done by each
establishment which controls, is controlled by, or is under common
control with, the establishment employing such employee, exceeds
$10,000,000 (exclusive of excise taxes at the retail level which
are separately stated).
(h) Maximum hour requirement: fourteen workweek limitation
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the
aggregate in any calendar year to any employee who -
(1) is employed by such employer -
(A) exclusively to provide services necessary and incidental
to the ginning of cotton in an establishment primarily engaged
in the ginning of cotton;
(B) exclusively to provide services necessary and incidental
to the receiving, handling, and storing of raw cotton and the
compressing of raw cotton when performed at a cotton warehouse
or compress-warehouse facility, other than one operated in
conjunction with a cotton mill, primarily engaged in storing
and compressing;
(C) exclusively to provide services necessary and incidental
to the receiving, handling, storing, and processing of
cottonseed in an establishment primarily engaged in the
receiving, handling, storing, and processing of cottonseed; or
(D) exclusively to provide services necessary and incidental
to the processing of sugar cane or sugar beets in an
establishment primarily engaged in the processing of sugar cane
or sugar beets; 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.
Any employer who receives an exemption under this subsection shall
not be eligible for any other exemption under this section or
section 207 of this title.
(i) Cotton ginning
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the
aggregate in any period of fifty-two consecutive weeks to any
employee who -
(1) is engaged in the ginning of cotton for market in any place
of employment located in a county where cotton is grown in
commercial quantities; and
(2) receives for any such employment during such workweeks -
(A) in excess of ten hours in any workday, and
(B) 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. No week included in any
fifty-two week period for purposes of the preceding sentence may
be included for such purposes in any other fifty-two week period.
(j) Processing of sugar beets, sugar beet molasses, or sugar cane
The provisions of section 207 of this title shall not apply for a
period or periods of not more than fourteen workweeks in the
aggregate in any period of fifty-two consecutive weeks to any
employee who -
(1) is engaged in the processing of sugar beets, sugar beet
molasses, or sugar cane into sugar (other than refined sugar) or
syrup; and
(2) receives for any such employment during such workweeks -
(A) in excess of ten hours in any workday, and
(B) 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. No week included in any
fifty-two week period for purposes of the preceding sentence may
be included for such purposes in any other fifty-two week period.