Notes on 29 U.S.C. § 213 : US Code - Notes

Search Notes on 29 U.S.C. § 213 : US Code - Notes

(June 25, 1938, ch. 676, Sec. 13, 52 Stat. 1067; Aug. 9, 1939, ch.
605, 53 Stat. 1266; Oct. 26, 1949, ch. 736, Sec. 11, 63 Stat. 917;
Aug. 8, 1956, ch. 1035, Sec. 3, 70 Stat. 1118; Pub. L. 85-231, Sec.
1(1), Aug. 30, 1957, 71 Stat. 514; Pub. L. 86-624, Sec. 21(b), July
12, 1960, 74 Stat. 417; Pub. L. 87-30, Secs. 9, 10, May 5, 1961, 75
Stat. 71, 74; Pub. L. 89-601, title II, Secs. 201-204(a), (b), 205-
212(a), 213, 214, 215(b), (c), Sept. 23, 1966, 80 Stat. 833-838;
Pub. L. 89-670, Sec. 8(e), Oct. 15, 1966, 80 Stat. 943; 1970 Reorg.
Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.
2085; Pub. L. 92-318, title IX, Sec. 906(b)(1), June 23, 1972, 86
Stat. 375; Pub. L. 93-259, Secs. 6(c)(2), 7(b)(3), (4), 8, 9(b),
10, 11, 12(a), 13(a)-(d), 14-18, 20(a)-(c), 21(b), 22, 23, 25(b),
Apr. 8, 1974, 88 Stat. 61-69, 72; Pub. L. 95-151, Secs. 4-8, 9(d),
11, 14, Nov. 1, 1977, 91 Stat. 1249, 1250-1252; Pub. L. 96-70,
title I, Sec. 1225(a), Sept. 27, 1979, 93 Stat. 468; Pub. L. 101-
157, Sec. 3(c), Nov. 17, 1989, 103 Stat. 939; Pub. L. 103-329,
title VI, Sec. 633(d), Sept. 30, 1994, 108 Stat. 2428; Pub. L. 104-
88, title III, Sec. 340, Dec. 29, 1995, 109 Stat. 955; Pub. L. 104-
174, Sec. 1, Aug. 6, 1996, 110 Stat. 1553; Pub. L. 104-188, [title
II], Sec. 2105(a), Aug. 20, 1996, 110 Stat. 1929; Pub. L. 105-78,
title I, Sec. 105, Nov. 13, 1997, 111 Stat. 1477; Pub. L. 105-334,
Sec. 2(a), Oct. 31, 1998, 112 Stat. 3137; Pub. L. 108-199, div. E,
title I, Sec. 108, Jan. 23, 2004, 118 Stat. 236.)
REFERENCES IN TEXT
The Railway Labor Act, referred to in subsec. (b)(3), is act May
20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the
Railway Labor Act was added by act Apr. 10, 1936, ch. 166, 49 Stat.
1189, and is classified generally to subchapter II (Sec. 181 et
seq.) of Title 45, Railroads. For complete classification of this
Act to the Code see section 151 of Title 45 and Tables.
The Outer Continental Shelf Lands Act, referred to in subsec.
(f), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
is classified generally to subchapter III (Sec. 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title note set out under section
1331 of Title 43 and Tables.
CODIFICATION
In subsec. (a)(1), "subchapter II of chapter 5 of title 5"
substituted for "the Administrative Procedure Act" on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and
Employees.
In subsec. (b)(1), "section 31502 of title 49" substituted for
"section 3102 of title 49" on authority of Pub. L. 103-272, Secs.
1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378.
Previously, "section 3102 of title 49" substituted for "section 204
of the Motor Carrier Act, 1935 [49 U.S.C. 304]", on authority of
Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443, the first
section of which enacted subtitle I (Sec. 101 et seq.) and chapter
31 (Sec. 3101 et seq.) of subtitle II of Title 49, Transportation.
AMENDMENTS
2004 - Subsec. (c)(7). Pub. L. 108-199 added par. (7).
1998 - Subsec. (c)(6). Pub. L. 105-334 added par. (6).
1997 - Subsec. (b)(12). Pub. L. 105-78 substituted "water, at
least 90 percent of which was ultimately delivered for agricultural
purposes during the preceding calendar year" for "water for
agricultural purposes".
1996 - Subsec. (a)(17). Pub. L. 104-188 added par. (17).
Subsec. (c)(5). Pub. L. 104-174 added par. (5).
1995 - Subsec. (b)(2). Pub. L. 104-88 substituted "rail carrier
subject to part A of subtitle IV of title 49" for "common carrier
by rail and subject to the provisions of part I of the Interstate
Commerce Act".
1994 - Subsec. (a)(16). Pub. L. 103-329, Sec. 633(d)(1), added
par. (16).
Subsec. (b)(30). Pub. L. 103-329, Sec. 633(d)(2), added par.
(30).
1989 - Subsec. (a)(2). Pub. L. 101-157, Sec. 3(c)(1), struck out
par. (2) which related to employees employed by a retail or service
establishment.
Subsec. (a)(4). Pub. L. 101-157, Sec. 3(c)(1), struck out par.
(4) which related to employees employed by an establishment which
qualified as an exempt retail establishment under clause (2) of
this subsection and was recognized as a retail establishment in the
particular industry notwithstanding that such establishment made or
processed at the retail establishment the goods that it sold.
Subsec. (g). Pub. L. 101-157, Sec. 3(c)(2), substituted "provided
by paragraph (6) of subsection (a) of this section" for "provided
by paragraphs (2) and (6) of subsection (a) of this section" and
struck out before period at end ", except that the exemption from
section 206 of this title provided by paragraph (2) of subsection
(a) of this section shall apply with respect to any establishment
described in this subsection which has an annual dollar volume of
sales which would permit it to qualify for the exemption provided
in paragraph (2) of subsection (a) of this section if it were in an
enterprise described in section 203(s) of this title".
1979 - Subsec. (f). Pub. L. 96-70 struck out "; and the Canal
Zone" after "Johnston Island".
1977 - Subsec. (a)(2). Pub. L. 95-151, Sec. 9(d), substituted
"section 203(s)(5)" for "section 203(s)(4)".
Subsec. (a)(3). Pub. L. 95-151, Secs. 4(a), 11, inserted
"organized camp, or religious or non-profit educational conference
center," after "recreational establishment,", and inserted
provisions relating to applicability of exemption from sections 206
and 207 of this title authorized by this paragraph for private
employees in national parks, etc.
Subsec. (b)(8). Pub. L. 95-151, Sec. 14(a), substituted "forty-
four" for "forty-six".
Pub. L. 95-151, Sec. 14(b), struck out par. (8) which related to
exemption of hotel, motel, and restaurant employees, effective Jan.
1, 1979.
Subsec. (b)(22). Pub. L. 95-151, Sec. 5, struck out par. (22)
which related to exemption of shade-grown tobacco employees.
Subsec. (b)(25). Pub. L. 95-151, Sec. 6(a), struck out par. (25)
which related to exemption of cotton ginning employees. See subsec.
(i) of this section.
Subsec. (b)(26). Pub. L. 95-151, Sec. 7(a), struck out par. (26)
which related to exemption of sugar employees. See subsec. (j) of
this section.
Subsec. (b)(29). Pub. L. 95-151, Sec. 4(b), added par. (29).
Subsec. (c). Pub. L. 95-151, Sec. 8, in par. (1) inserted
reference to par. (4), and added par. (4).
Subsec. (i). Pub. L. 95-151, Sec. 6(b), added subsec. (i).
Subsec. (j). Pub. L. 95-151, Sec. 7(b), added subsec. (j).
1974 - Subsec. (a)(2). Pub. L. 93-259, Sec. 8(a), substituted
"$225,000" for "$250,000" effective Jan. 1, 1975, Pub. L. 93-259,
Sec. 8(b), substituted "$200,000" for "$225,000" effective Jan. 1,
1976. Pub. L. 93-259, Sec. 8(c), struck out "or such establishment
has an annual dollar volume of sales which is less than $200,000
(exclusive of excise taxes at the retail level which are separately
stated)" after "section 203(s) of this title" effective Jan. 1,
1977.
Subsec. (a)(9). Pub. L. 93-259, Sec. 23(a)(1), repealed exemption
provision respecting any employee employed by an establishment
which is a motion picture theater. See subsec. (b)(27) of this
section.
Subsec. (a)(11). Pub. L. 93-259, Sec. 10(a), repealed exemption
provision respecting any employee or proprietor in a retail or
service establishment which qualifies as an exempt retail or
service establishment under former par. (2) of subsec. (a) with
respect to whom provisions of sections 206 and 207 of this title
would not otherwise apply, engaged in handling telegraphic messages
for public under an agency or contract arrangement with a telegraph
company where telegraph message revenue of such agency does not
exceed $500 a month.
Subsec. (a)(13). Pub. L. 93-259, Sec. 23(b)(1), repealed
exemption provision respecting any employee employed in planting or
tending trees, cruising, surveying, or felling timber, or in
preparing or transporting logs or other forestry products to mill,
processing plant, railroad, or other transportation terminal, if
number of employees employed by his employer in such forestry or
lumbering operations does not exceed eight. See subsec. (b)(28) of
this section.
Subsec. (a)(14). Pub. L. 93-259, Sec. 9(b)(1), repealed exemption
provision respecting any agricultural employee employed in the
growing and harvesting of shade-grown tobacco who is engaged in
processing (including, but not limited to, drying, curing,
fermenting, bulking, rebulking, sorting, grading, aging, and
baling) of such tobacco, prior to the stemming process, for use as
cigar wrapper tobacco. See subsec. (b)(22) of this section.
Subsec. (a)(15). Pub. L. 93-259, Sec. 7(b)(3), added par. (15).
Subsec. (b)(2). Pub. L. 93-259, Sec. 23(c), amended par. (2)
(insofar as it relates to pipeline employees), inserting "engaged
in the operation of a common carrier by rail and" after "employer".
Subsec. (b)(4). Pub. L. 93-259, Sec. 11(a), effective May 1,
1974, inserted "who is" after "employee" and ", and who receives
compensation for employment in excess of forty-eight hours in any
workweek at a rate not less than one and one-half times the regular
rate at which he is employed" before the semi-colon. Pub. L. 93-
259, Sec. 11(b), substituted "forty-four hours" for "forty-eight
hours" effective one year after May 1, 1974. Pub. L. 93-259, Sec.
11(c), repealed subsec. (b)(4) effective two years after May 1,
1974.
Subsec. (b)(7). Pub. L. 93-259, Sec. 21(b)(1), substituted
"(regardless of whether or not such railway or carrier is public or
private or operated for profit or not for profit), if such employee
receives compensation for employment in excess of forty-eight hours
in any workweek at a rate not less than one and one-half times the
regular rate at which he is employed" for ", if the rates and
services of such railway or carrier are subject to regulation by a
State or local agency" effective May 1, 1974. Pub. L. 93-259, Sec.
21(b)(2), substituted "forty-four hours" for "forty-eight hours"
effective one year after May 1, 1974. Pub. L. 93-259, Sec. 21(b)(3)
repealed subsec. (b)(7) effective two years after May 1, 1974.
Subsec. (b)(8). Pub. L. 93-259, Secs. 12(a), 13(a), effective May
1, 1974, insofar as relating to nursing home employees, struck out
exemption provision respecting any employee who is employed by an
establishment which is an institution (other than a hospital)
primarily engaged in the care of the sick, the aged, or the
mentally ill or defective who reside on the premises, and receives
compensation for employment in excess of forty-eight hours in any
workweek at a rate not less than one and one-half times the regular
rate at which he is employed, and insofar as relating to a hotel,
motel, and restaurant employees, substituted "(A) any employee
(other than an employee of a hotel or motel who performs maid or
custodial services) who is" for "any employee", inserted before the
semicolon "and who receives compensation for employment in excess
of forty-eight hours in any workweek at a rate not less than one
and one-half times the regular rate at which he is employed", and
added subpar. (B). Pub. L. 93-259, Sec. 13(b), effective one year
after May 1, 1974, substituted "forty-six hours" for "forty-eight
hours" in subparas. (A) and (B). Pub. L. 93-259, Sec. 13(c),
effective two years after May 1, 1974, substituted "forty-four
hours" for "forty-six hours" in subpar. (B). Pub. L. 93-259, Sec.
13(d), repealed subsec. (b)(8)(B) and eliminated the designation
(A), effective three years after May 1, 1974.
Subsec. (b)(10). Pub. L. 93-259, Sec. 14, incorporated existing
paragraph in provisions designated as subpar. (A), struck out from
the list references to trailers and aircraft, inserted reference to
implements, and added subpar. (B) incorporating references to
trailers and aircraft.
Subsec. (b)(15). Pub. L. 93-259, Sec. 20(a), struck out exemption
provision respecting any employee engaged in ginning of cotton for
market, in any place of employment located in a county where cotton
is grown in commercial quantities or in the processing of sugar
beets, sugar-beet molasses, and sugarcane into sugar. See subsec.
(b)(25) and (26) of this section.
Subsec. (b)(18). Pub. L. 93-259, Sec. 15(a), effective May 1,
1974, inserted "and who receives compensation for employment in
excess of forty-eight hours in any workweek at a rate not less than
one and one-half times the regular rate at which he is employed."
Pub. L. 93-259, Sec. 15(b), effective one year after May 1, 1974,
substituted "forty-four hours" for "forty-eight hours." Pub. L. 93-
259, Sec. 15(c), repealed par. (18) effective two years after May
1, 1974.
Subsec. (b)(19). Pub. L. 93-259, Sec. 16(a), effective one year
after May 1, 1974, substituted "forty-four hours" for "forty-eight
hours". Pub. L. 93-259, Sec. 16(b), repealed par. (19), effective
two years after May 1, 1974.
Subsec. (b)(20). Pub. L. 93-259, Sec. 6(c)(2)(A), added par. (20)
effective May 1, 1974. Pub. L. 93-259, Sec. 6(c)(2)(B), effective
Jan. 1, 1975, made maximum hours provisions inapplicable during any
workweek to any employee of a public agency employing during the
workweek less than 5 employees.
Subsec. (b)(21). Pub. L. 93-259, Sec. 7(b)(4), added par. (21).
Subsec. (b)(22). Pub. L. 93-259, Sec. 9(b)(2), added par. (22).
Subsec. (b)(23). Pub. L. 93-259, Sec. 10(b)(1), added par. (23),
effective May 1, 1974. Pub. L. 93-259, Sec. 10(b)(2), substituted
"forty-four hours" for "forty-eight hours" effective one year after
May 1, 1974. Pub. L. 93-259, Sec. 10(b)(3), repealed par. (23)
effective two years after May 1, 1974.
Subsec. (b)(24). Pub. L. 93-259, Sec. 17, added par. (24).
Subsec. (b)(25). Pub. L. 93-259, Sec. 20(b)(1), added par. (25)
effective May 1, 1974. Pub. L. 93-259, Sec. 20(b)(2), effective
Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar.
(A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours
in any workweek for not more than two workweeks in that year, and"
for "forty-eight hours in any other workweek in that year," in
subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(b)(3),
effective Jan. 1, 1976, substituted "sixty" for "sixty-six", "fifty-
six" for "sixty", "forty-eight" for "fifty", "forty-four" for
"forty-six", and "forty" for "forty-four".
Subsec. (b)(26). Pub. L. 93-259, Sec. 20(c)(1), added par. (26)
effective May 1, 1974. Pub. L. 93-259, Sec. 20(c)(2), effective
Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar.
(A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours
in any workweek for not more than two workweeks in that year, and"
for "forty-eight hours in any other workweek in that year," in
subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(c)(3),
effective Jan. 1, 1976, substituted "sixty" for "sixty-six", "fifty-
six" for "sixty", "forty-eight" for "fifty", "forty-four" for
"forty-six", and "forty" for "forty-four".
Subsec. (b)(27). Pub. L. 93-259, Sec. 23(a)(2), added par. (27).
Subsec. (b)(28). Pub. L. 93-259, Sec. 23(b)(2), added par. (28).
Subsec. (c)(1). Pub. L. 93-259, Sec. 25(b), amended par. (1)
generally, striking out "with respect" after "shall not apply",
inserting ", if such employee - ", and adding subpars. (A) to (C).
Subsec. (g). Pub. L. 93-259, Sec. 18, added subsec. (g).
Subsec. (h). Pub. L. 93-259, Sec. 22, added subsec. (h).
1972 - Subsec. (a). Pub. L. 92-318 inserted "(except subsection
(d) in the case of paragraph (1) of this subsection)" after
introductory text "sections 206".
1966 - Subsec. (a)(1). Pub. L. 89-601, Sec. 214, inserted
"(including any employee employed in the capacity of academic
administrative personnel or teacher in elementary or secondary
schools)" after "professional capacity".
Subsec. (a)(2). Pub. L. 89-601, Sec. 201(a), revised the retail
or service establishment exemption so as to exempt employees of a
retail or service establishment (other than an establishment or
employee engaged in laundering or drycleaning or an establishment
engaged in the operation of a hospital, school, or institution
specifically included in the definition of the term "enterprise
engaged in commerce or in the production of goods for commerce") if
more than 50 per centum of the establishment's annual dollar volume
of sales of goods or services is made within the state in which the
establishment is located and the establishment is not an enterprise
described in section 203(s) of this title or the establishment has
an annual dollar volume of sales which is less than $250,000.
Subsec. (a)(3). Pub. L. 89-601, Secs. 201(b)(2), 202, repealed
par. (3) relating to employees of laundry, cleaning, and fabric or
clothing repair establishments doing more than 50 per centum of
their annual dollar volume of business within the state in which
the establishment is located and enacted a new par. (3) relating to
employees of amusement or recreational establishments which do not
operate for more than seven months in any calendar year or which
had receipts over a six-month period which were not more than 33
1/3 per centum of its average receipts for the other six months of
such year.
Subsec. (a)(6). Pub. L. 89-601, Sec. 203(a), limited the
provisions exempting agricultural employees from application of
sections 206 and 207 of this title by narrowing the class of
exempted agricultural employees to include only an employee
employed by an employer who did not, during any calendar quarter
during the preceding calendar year, use more than 500 man-days of
agricultural labor, an employee who is the spouse, parent, child,
or other member of his employer's immediate family, certain hand
harvest laborers, or an employee principally engaged in the range
production of livestock. See subsec. (b)(12) of this section.
Subsec. (a)(7). Pub. L. 89-601, Sec. 215(c), extended coverage to
include employees exempted by a certificate of the Secretary.
Subsec. (a)(8). Pub. L. 89-601, Sec. 205, substituted "where
published" for "where printed and published".
Subsec. (a)(9). Pub. L. 89-601, Secs. 206(a), 207, repealed par.
(9) relating to employees of street, suburban, or interurban
electric railways, or local trolleys or motor bus carriers not in a
section 203(s) enterprise and enacted a new par. (9) relating to
employees employed by motion picture theaters. See subsec. (b)(7)
of this section.
Subsec. (a)(10). Pub. L. 89-601, Secs. 204(a), 215(b)(1),
repealed par. (10) relating to employees engaged in handling and
processing of agricultural, horticultural, and dairy products and
redesignated par. (11) as (10). See section 207(d) of this title.
Subsec. (a)(11). Pub. L. 89-601, Sec. 215(b)(1), redesignated
par. (13) as (11). Former par. (11) redesignated (10).
Subsec. (a)(12). Pub. L. 89-601, Secs. 206(b)(1), 215(b)(1),
repealed par. (12) relating to employees of employers engaged in
the business of operating taxicabs and redesignated par. (14) as
(12). See subsec. (b)(17) of this section.
Subsec. (a)(13). Pub. L. 89-601, Secs. 208, 215(b)(1),
redesignated par. (15) as (13) and substituted "eight" for
"twelve". Former par. (13) redesignated (11).
Subsec. (a)(14). Pub. L. 89-601, Sec. 215(b), redesignated par.
(21) as (14) and substituted a period for "; or" at end. Former
par. (14) redesignated (12).
Subsec. (a)(15). Pub. L. 89-601, Sec. 215(b)(1), redesignated
par. (15) as (13).
Subsec. (a)(16). Pub. L. 89-601, Sec. 203(b), repealed par. (16)
relating to agricultural employees employed in livestock auctions.
See subsec. (b)(13) of this section.
Subsec. (a)(17). Pub. L. 89-601, Sec. 204(a), repealed par. (17)
relating to country elevator operators. See subsec. (b)(14) of this
section.
Subsec. (a)(18). Pub. L. 89-601, Sec. 204(a), repealed par. (18)
relating to cotton ginning employees. See subsec. (b)(15) of this
section.
Subsec. (a)(19). Pub. L. 89-601, Sec. 209(a), repealed par. (19)
relating to employees of retail and service establishments that are
primarily engaged in the business of selling automobiles, trucks,
or farm implements. See subsec. (b)(10) of this section.
Subsec. (a)(20). Pub. L. 89-601, Sec. 210(a), repealed par. (20)
relating to employees of food retail or service establishments. See
subsec. (b)(18) of this section.
Subsec. (a)(21). Pub. L. 89-601, Sec. 215(b)(1), redesignated
par. (21) as (14).
Subsec. (a)(22). Pub. L. 89-601, Sec. 204(a), repealed par. (22)
relating to fruit and vegetable transportation employees. See
subsec. (b)(16) of this section.
Subsec. (b)(1). Pub. L. 89-670 substituted "Secretary of
Transportation" for "Interstate Commerce Commission".
Subsec. (b)(7). Pub. L. 89-601, Sec. 206(c), narrowed the scope
of the exemption from any employee of the covered transportation
companies to drivers, operators, and conductors only and narrowed
the range of covered transportation companies from any street,
suburban, or interurban electric railway, or local trolley or
motorbus carrier to only those of such named enterprises as have
their rates and service subject to regulation by a state or local
agency.
Subsec. (b)(8). Pub. L. 89-601, Secs. 201(b)(1), 211, repealed
par. (8) which named employees of gasoline service stations as a
group to which section 207 of this title shall not apply and
enacted a new par. (8) providing that section 207 of this title
shall not apply with respect to hotel, motel, or restaurant
employees and employees who receive compensation for employment in
excess 48 hours in any workweek at a rate not less than one and one-
half times the regular rate at which he is employed and who is
employed by an institution other than a hospital primarily engaged
in the care of the sick, the aged, or the mentally ill or defective
residing on the premises.
Subsec. (b)(10). Pub. L. 89-601, Secs. 209(b), 212(a), repealed
par. (10) which granted an unlimited overtime exemption relating to
petroleum distribution employees and enacted a new par. (10)
relating to salesmen, partsmen, or mechanics primarily engaged in
selling or servicing automobiles, trailers, trucks, farm
implements, or aircraft if employed by a nonmanufacturing
establishment primarily engaged in the business of selling such
vehicles to ultimate purchasers. See subsec. (b)(3) of this
section.
Subsec. (b)(12) to (19). Pub. L. 89-601, Secs. 203(c)(B), 204(b),
206(b)(2), 210(b), added pars. (12) to (19).
Subsec. (c). Pub. L. 89-601, Sec. 203(d), inserted provision
making section 212 of this title relating to child labor applicable
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.
Subsec. (f). Pub. L. 89-601, Sec. 213, inserted reference to
Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.
1961 - Subsec. (a)(1). Pub. L. 87-30, Sec. 9, substituted "any
employee employed in a bona fide executive, administrative, or
professional capacity, 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 the
Administrative Procedure Act" and exception provision for "any
employee employed in a bona fide executive, administrative,
professional, or local retailing capacity, or in the capacity of
outside salesman (as such terms are defined and delimited by
regulations of the Administrator)".
Subsec. (a)(2). Pub. L. 87-30, Sec. 9, inserted conditional
provision, including subclauses (i) to (iv).
Subsec. (a)(5). Pub. L. 87-30, Sec. 9, inserted "propagating" and
"or in the first processing, canning or packing such marine
products at sea as an incident to, or in conjunction with, such
fishing operations" after "taking" and "life", respectively, and
substituted "loading and unloading when performed by any such
employee" for "including employment in the loading, unloading, or
packing of such products for shipment or in propagating, processing
(other than canning), marketing, freezing, curing, storing, or
distributing the above products or byproducts thereof". See subsec.
(b)(4) of this section.
Subsec. (a)(7). Pub. L. 87-30, Sec. 9, substituted "Secretary"
for "Administrator".
Subsec. (a)(9). Pub. L. 87-30, Sec. 9, substituted "not in an
enterprise described in section 203(s)(2) of this title" for "not
included in other exemptions contained in this section.".
Subsec. (a)(10). Pub. L. 87-30, Sec. 9, substituted "Secretary"
for "Administrator" and struck out "ginning" after "storing".
Subsec. (a)(11). Pub. L. 87-30, Sec. 9, substituted "by an
independently owned public telephone company" for "in a public
telephone exchange".
Subsec. (a)(13). Pub. L. 87-30, Sec. 9, substituted "which
qualifies as an exempt retail or service establishment under clause
(2) of this subsection" for "as defined in clause (2) of this
subsection".
Subsec. (a)(14). Pub. L. 87-30, Sec. 9, inserted "on a vessel
other than an American vessel".
Subsec. (a)(16) to (22). Pub. L. 87-30, Sec. 9, added pars. (16)
to (22).
Subsec. (b)(4). Pub. L. 87-30, Sec. 9, extended exemption to any
employee in the processing, marketing, freezing, curing, storing,
packing for shipment, or distributing of aquatic forms of life,
formerly contained in subsec. (a)(5) of this section.
Subsec. (b)(6) to (11). Pub. L. 87-30, Sec. 9, added pars. (6) to
(11).
Subsec. (d). Pub. L. 87-30, Sec. 10, extended the
nonapplicability of sections 206, 207, and 212 of this title to any
homeworker engaged in the making of evergreen wreaths.
1960 - Subsec. (f). Pub. L. 86-624 struck out "Alaska; Hawaii;"
before "Puerto Rico".
1957 - Subsec. (f). Pub. L. 85-231 added subsec. (f).
1956 - Subsec. (e). Act Aug. 8, 1956, added subsec. (b).
1949 - Subsec. (a)(2). Act Oct. 26, 1949, clarified exemption by
defining term "retail or service establishment" and stated
conditions under which exemption shall apply.
Subsec. (a)(3). Act Oct. 26, 1949, redesignated par. (3) as (14)
and added par. (3) providing a limited exemption to employees of
laundries and establishments engaged in laundering, cleaning, or
repairing clothing of fabrics.
Subsec. (a)(4). Act Oct. 26, 1949, redesignated par. (4) as
subsec. (b)(3) and added par. (4) providing limited exemption to
employees of retail establishments making or processing goods.
Subsec. (a)(5). Act Oct. 26, 1949, struck out canning of fish,
shellfish, etc. See subsec. (b)(4).
Subsec. (a)(6). Act Oct. 26, 1949, added irrigation workers to
the exemption.
Subsec. (a)(8). Act Oct. 26, 1949, extended exemption to
employees of newspapers published daily, increased circulation
limitation from 3,000 to 4,000, and increased circulation area to
include counties contiguous to county of publication.
Subsec. (a)(10). Act Oct. 26, 1949, struck out "to" before "any
individual".
Subsec. (a)(11). Act Oct. 26, 1949, increased number of stations
from, less than 500, to, not more than 750.
Subsec. (a)(12), (13). Act Oct. 26, 1949, added pars. (12) and
(13).
Subsec. (a)(14). Act Oct. 26, 1949, redesignated par. (3) as
(14).
Subsec. (a)(15). Act Oct. 26, 1949, added par. (15).
Subsec. (b)(3) to (5). Act Oct. 26, 1949, added pars. (3) to (5).
Subsec. (c). Act Oct. 26, 1949, substituted "outside of school
hours for the school district where such employee is living while
he is so employed" for prior provision relating to school
attendance following "in agricultural", and added radio or
television productions to the exemption.
Subsec. (d). Act Oct. 26, 1949, added par. (d).
1939 - Subsec. (a)(11). Act Aug. 9, 1939, added par. (11).
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-334, Sec. 2(b), Oct. 31, 1998, 112 Stat. 3138,
provided that:
"(1) In general. - This Act [amending this section and enacting
provisions set out as a note under section 201 of this title] shall
become effective on the date of the enactment of this Act [Oct. 31,
1998].
"(2) Exception. - The amendment made by subsection (a) [amending
this section] defining the term 'occasional and incidental' shall
also apply to any case, action, citation, or appeal pending on the
date of the enactment of this Act unless such case, action,
citation, or appeal involves property damage or personal injury."
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-329 effective on first day of first
applicable pay period beginning on or after 30th day following
Sept. 30, 1994, with exceptions relating to criminal investigators
employed in Offices of Inspectors General, see section 633(e) of
Pub. L. 103-329, set out as an Effective Date note under section
5545a of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-157 effective Apr. 1, 1990, see section
3(e) of Pub. L. 101-157, set out as a note under section 203 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 14(a), (b) of Pub. L. 95-151 provided that the amendments
by that section are effective Jan. 1, 1978, and Jan. 1, 1979,
respectively.
Amendment by sections 4 to 7 of 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.
Amendment by sections 8, 9(d), and 11 of Pub. L. 95-151 effective
on Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as a
note under section 203 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 6(c)(2)(A), (B) of Pub. L. 93-259 provided that the
amendments made by that section are effective May 1, 1974, and Jan.
1, 1975, respectively.
Section 8(a)-(c) of Pub. L. 93-259 provided that the amendments
made by that section are effective Jan. 1, 1975, 1976, and 1977,
respectively.
Section 10(b)(2), (3) of Pub. L. 93-259 provided that the
amendment and repeal made by that section are effective one year
and two years after May 1, 1974, respectively.
Section 11(b), (c) of Pub. L. 93-259 provided that the amendment
and repeal made by that section are effective one year and two
years after May 1, 1974, respectively.
Section 13(b)-(d) of Pub. L. 93-259 provided that the amendments
made by that section are effective one year, two years, and three
years after May 1, 1974, respectively.
Section 15(b), (c) of Pub. L. 93-259 provided that the amendment
and repeal made by that section are effective one year and two
years after May 1, 1974, respectively.
Section 16(a), (b) of Pub. L. 93-259 provided that the amendment
and repeal made by that section are effective one year and two
years after May 1, 1974, respectively.
Section 20(b)(2), (3) of Pub. L. 93-259 provided that the
amendments made by that section are effective Jan. 1, 1975, and
1976, respectively.
Section 20(c)(2), (3) of Pub. L. 93-259 provided that the
amendments made by that section are effective Jan. 1, 1975, and
1976, respectively.
Section 21(b)(2), (3) of Pub. L. 93-259 provided that the
amendment and repeal made by that section are effective one year
and two years after May 1, 1974, respectively.
Amendment by sections 7(b)(3), (4), 9(b), 10(a), (b)(1), 11(a),
12(a), 13(a), 14, 15(a), 17, 18, 20(a), (b)(1), (c)(1), 21(b)(1),
22, 23, and 25(b) 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.
EFFECTIVE DATE OF 1966 AMENDMENTS
Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed
by President and published in Federal Register, see section 16(a),
formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.
30, 1967, 32 F.R. 5453.
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 1957 AMENDMENT
Pub. L. 85-231, Sec. 2, provided that: "The amendments made by
this Act [amending this section and sections 216 and 217 of this
title] shall take effect upon the expiration of ninety days from
the date of its enactment [Aug. 30, 1957]."
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 vested by law (including reorganization plans) in
Bureau of the Budget or Director of Bureau of the Budget
transferred to President of the United States by section 101 of
Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84
Stat. 2085, set out in the Appendix to Title 5, Government
Organization and Employees. Section 102 of Reorg. Plan No. 2 of
1970 redesignated Bureau of the Budget as Office of Management and
Budget.
For transfer of functions of other officers, employees, and
agencies of Department of Labor, with certain exceptions, to
Secretary of Labor, with power to delegate, see Reorg. Plan No. 6
of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the
Appendix to Title 5.
EXEMPTIONS FOR APPRENTICES AND STUDENT LEARNERS
Section 3 of Pub. L. 104-174 provided that: "Section 1 [amending
this section] shall not be construed as affecting the exemption for
apprentices and student learners published in section 570.63 of
title 29, Code of Federal Regulations."
REGULATIONS CONCERNING COMPUTER, SOFTWARE, AND OTHER SIMILARLY
SKILLED PROFESSIONALS
Pub. L. 101-583, Sec. 2, Nov. 15, 1990, 104 Stat. 2871, provided
that: "Not later than 90 days after the date of enactment of this
Act [Nov. 15, 1990], the Secretary of Labor shall promulgate
regulations that permit computer systems analysts, computer
programmers, software engineers, and other similarly skilled
professional workers as defined in such regulations to qualify as
exempt executive, administrative, or professional employees under
section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)). Such regulations shall provide that if such employees
are paid on an hourly basis they shall be exempt only if their
hourly rate of pay is at least 6 1/2 times greater than the
applicable minimum wage rate under section 6 of such Act (29 U.S.C.
206)."
PUBLIC AGENCY EMPLOYEES IN FIRE PROTECTION AND LAW ENFORCEMENT
ACTIVITIES; STUDIES IN 1976 OF 1975 TOURS OF DUTY
Section 6(c)(3) of Pub. L. 93-259 authorized Secretary of Labor
to conduct a study in 1976 of average number of hours in tours of
duty in work periods in 1975 of certain employees of public
agencies employed in fire protection and law enforcement
activities, and publish results of such studies in Federal
Register.
PIPELINE EMPLOYEES UNDER SUBSEC. (B)(2)
Section 23(c) of Pub. L. 93-259 provided in part for amendment of
subsec. (b)(2) of this section "insofar as it relates to pipeline
employees".
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 OF AGRICULTURAL HANDLING AND PROCESSING EXEMPTIONS AND RATES
OF PAY IN EXEMPT FOOD SERVICE ENTERPRISES
Section 13 of Pub. L. 87-30 directed Secretary of Labor to study
complicated system of exemptions available for handling and
processing agricultural products under this chapter and complex
problems involving rates of pay of certain employees exempted from
provisions of this chapter, and submit results of his studies along
with his recommendations for proposed legislation to second session
of Eighty-seventh Congress.
TRANSPORTATION OF MIGRANT FARM WORKERS
Section 3 of act Aug. 3, 1956, provided that: "Section 13(b)(1)
of the Fair Labor Standards Act, as amended [subsec. (b)(1) of this
section] shall not apply in the case of any employee with respect
to whom the Interstate Commerce Commission [now Secretary of
Transportation] has power to establish qualifications and maximum
hours of service solely by virtue of section 204(a)(3a) of the
Interstate Commerce Act [now 49 U.S.C. 31502]."