The Fair Labor Standards Amendments of 1966, referred to in subsec. (a)(2), is Pub. L. 89–601,
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
Section 6(c)(3) of the Fair Labor Standards Amendments of 1974, referred to in subsec. (k)(1), is Pub. L. 93–259, § 6(c)(3),
2022—Subsec. (r). Pub. L. 117–328 struck out subsec. (r) which related to reasonable break time for nursing mothers.
2010—Subsec. (r). Pub. L. 111–148 added subsec. (r).
2000—Subsec. (e)(8). Pub. L. 106–202, § 2(a), added par. (8).
Subsec. (h). Pub. L. 106–202, § 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, § 2(a), added subsec. (o).
Subsec. (p). Pub. L. 99–150, § 3(a)–(c)(1), added subsec. (p).
1974—Subsec. (c). Pub. L. 93–259, § 19(a), (b), substituted “seven workweeks” for “ten workweeks”, “ten workweeks” for “fourteen workweeks” and “forty-eight hours” for “fifty hours” effective
Subsec. (d). Pub. L. 93–259, § 19(a), (b), substituted “seven workweeks” for “ten workweeks”, “ten workweeks” for “fourteen workweeks” and “forty-eight hours” for “fifty hours” effective
Subsec. (j). Pub. L. 93–259, § 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, § 6(c)(1)(D), effective
Pub. L. 93–259, § 6(c)(1)(C), substituted “216 hours” for “232 hours”, wherever appearing, effective
Pub. L. 93–259, § 6(c)(1)(B), substituted “232 hours” for “240 hours”, wherever appearing, effective
Pub. L. 93–259, § 6(c)(1)(A), added subsec. (k), effective
Subsec. (l). Pub. L. 93–259, § 7(b)(2), added subsec. (l).
Subsec. (m). Pub. L. 93–259, § 9(a), added subsec. (m).
Subsec. (n). Pub. L. 93–259, § 21(a), added subsec. (n).
1966—Subsec. (a). Pub. L. 89–601, § 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, § 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, § 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, § 204(c), added subsec. (d). Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 89–601, § 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, § 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, §§ 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, § 403, added subsec. (j).
1961—Subsec. (a). Pub. L. 87–30, § 6(a), designated existing provisions as par. (1), inserted “in any workweek”, and added par. (2).
Subsec. (b)(2). Pub. L. 87–30, § 6(b), substituted “in excess of the maximum workweek applicable to such employee under subsection (a)” for “in excess of forty hours in the workweek”.
Subsec. (d)(5), (7). Pub. L. 87–30, § 6(c), (d), substituted “in excess of the maximum workweek applicable to such employee under subsection (a)” for “forty in a workweek” in par. (5) and “the maximum workweek applicable to such employee under subsection (a)” for “forty hours” in par. (7).
Subsec. (e). Pub. L. 87–30, § 6(e), substituted “the maximum workweek applicable to such employee under subsection (a)”, “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, § 6(f), substituted “the maximum workweek applicable to such employee under subsection” for “forty hours” in two places.
Subsec. (h). Pub. L. 87–30, § 6(g), added subsec. (h).
1949—Subsec. (a). Act
Subsec. (b)(1). Act
Subsec. (b)(2). Act
Subsec. (c). Act
Subsec. (d). Act
Subsec. (e) added by act
Subsecs. (f) and (g). Act
1941—Subsec. (b)(2) amended by act
Pub. L. 117–328, div. KK, § 103(a),
Pub. L. 106–202, § 2(c),
Pub. L. 104–26, § 3,
Amendment by Pub. L. 99–150 effective
Pub. L. 93–259, § 6(c)(1)(A)–(D),
Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a) of Pub. L. 93–259 effective
Pub. L. 93–259, § 19(c)–(e),
Amendment by Pub. L. 89–601 effective
Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after
Amendment by act
Pub. L. 106–202, § 2(e),
Pub. L. 110–244, title III, § 306, “(a) Beginning on the date of enactment of this Act [“(b) “(1) 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 “(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) 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 [“(c) 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.”
Pub. L. 106–202, § 2(d), “(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 [“(3) such program is provided under a collective bargaining agreement that is in effect on the effective date described in subsection (c).”
Pub. L. 99–150, § 2(b),
Pub. L. 99–150, § 2(c)(2),
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
Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. L. 89–601,
Pub. L. 89–601, title VI, § 603,
The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.
Ex. Ord. No. 9607,
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