Title 29LaborRelease 119-73not60

§203 Definitions

Title 29 › Chapter 8— FAIR LABOR STANDARDS › § 203

Last updated Apr 5, 2026|Official source

Summary

Defines common words used in the chapter and explains who or what the rules apply to. Person means an individual or any organized group, like a company, partnership, association, trust, or legal representative. Commerce means trade, transport, transmission, or communication between states or between a state and places outside it. State means any U.S. State, the District of Columbia, or a U.S. territory or possession. Employer includes anyone acting for an employer, including public agencies, but does not include labor unions unless the union is acting as the employer. Employee normally means any person employed by an employer, with special rules for public agency workers, certain family farm workers, volunteers, and volunteers for food banks. For public agencies, covered employees include many federal civilian workers (in military departments, executive agencies, some judicial posts, certain Armed Forces fund units, the Library of Congress, and the Government Publishing Office), workers for the United States Postal Service and Postal Regulatory Commission, and most state or local employees except some elective officeholders, personal staff, policymaking appointees, immediate legal advisers, or certain legislative employees who are not under civil service laws. For counting farm work days, family members of the farm owner are not treated as employees. People who volunteer for a state or local public agency and receive no pay (or only expenses, reasonable benefits, or a nominal fee) and who are not doing the same work they are paid to do are not employees; public agency workers may also volunteer for other public agencies. People who volunteer only to help private non-profit food banks and get groceries in return are not employees. Agriculture covers farming and related activities such as dairying, raising livestock, bees, poultry, forestry, and preparing goods for market. Employ means to allow or permit work. Industry means a type of business or work where people are paid. Goods means products, wares, or merchandise, but not goods after they are in the final consumer’s hands. Produced means made, handled, or worked on in a State, and work that is closely related to producing goods counts as production. Sale includes sales, exchanges, contracts to sell, consignments, and shipments for sale. Oppressive child labor means hiring children under 16, or placing 16–18-year-olds in jobs the Secretary of Labor declares hazardous or harmful, with limited exceptions and rules (including certificates and limits for 14–16-year-olds so schooling and health are not harmed). Wage can include the employer’s reasonable cost of board, lodging, or other facilities when those are customarily provided, except as excluded by a valid collective-bargaining agreement; the Secretary of Labor can set fair values. For tipped employees, the employer must pay at least the cash wage in effect on August 20, 1996, plus enough tips to reach the federal minimum wage; employers may not keep employees’ tips. Resale does not include sales of goods used in building or repairing homes or farm buildings if treated as retail in the industry. Time spent changing clothes or washing can be excluded from hours worked when a valid collective-bargaining agreement or custom does so. American vessel means a vessel documented or numbered under U.S. law. Secretary means the Secretary of Labor. Enterprise means related activities run under common control for a common business purpose and includes hospitals, care institutions, schools, public agencies, and certain regulated transit operations; independently owned retail stores remain separate enterprises despite supply or lease arrangements. An enterprise is engaged in commerce or production for commerce if it has employees working in commerce or on goods moved in commerce and has annual gross sales of at least $500,000, or if it is a covered hospital, school, or public agency; businesses whose only regular employees are the owner or the owner’s immediate family are not counted. Tipped employee means someone who regularly gets more than $30 a month in tips. Man-day means a day when an agricultural worker does at least one hour of farm work. Elementary and secondary schools are as defined by State law. Public agency means the U.S. government, state or local governments, their agencies (including the Postal Service and Postal Regulatory Commission), or interstate governmental agencies. Employee in fire protection activities means trained and authorized firefighters or similar emergency workers employed by a fire department and engaged in fire prevention, control, extinguishment, or emergency response.

Full Legal Text

Title 29, §203

Labor — Source: USLM XML via OLRC

As used in this chapter—
(a)“Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
(b)“Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
(c)“State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.
(d)“Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
(e)(1)Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
(2)In the case of an individual employed by a public agency, such term means—
(A)any individual employed by the Government of the United States—
(i)as a civilian in the military departments (as defined in section 102 of title 5),
(ii)in any executive agency (as defined in section 105 of such title),
(iii)in any unit of the judicial branch of the Government which has positions in the competitive service,
(iv)in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,
(v)in the Library of Congress, or
(vi)the 11 So in original. Probably should be preceded by “in”. Government Publishing Office;
(B)any individual employed by the United States Postal Service or the Postal Regulatory Commission; and
(C)any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual—
(i)who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and
(ii)who—
(I)holds a public elective office of that State, political subdivision, or agency,
(II)is selected by the holder of such an office to be a member of his personal staff,
(III)is appointed by such an officeholder to serve on a policymaking level,
(IV)is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office, or
(V)is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency.
(3)For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer’s immediate family.
(4)(A)The term “employee” does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if—
(i)the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and
(ii)such services are not the same type of services which the individual is employed to perform for such public agency.
(B)An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement.
(5)The term “employee” does not include individuals who volunteer their services solely for humanitarian purposes to private non-profit food banks and who receive from the food banks groceries.
(f)“Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 1141j(g) 22 See References in Text note below. of title 12), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
(g)“Employ” includes to suffer or permit to work.
(h)“Industry” means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed.
(i)“Goods” means goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer, or processor thereof.
(j)“Produced” means produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this chapter an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any closely related process or occupation directly essential to the production thereof, in any State.
(k)“Sale” or “sell” includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.
(l)“Oppressive child labor” means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well-being) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor certifying that such person is above the oppressive child-labor age. The Secretary of Labor shall provide by regulation or by order that the employment of employees between the ages of fourteen and sixteen years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being.
(m)(1)“Wage” paid to any employee includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging or other facilities are customarily furnished by such employer to his employees: Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective-bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board, lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee.
(2)(A)In determining the wage an employer is required to pay a tipped employee, the amount paid such employee by the employee’s employer shall be an amount equal to—
(i)the cash wage paid such employee which for purposes of such determination shall be not less than the cash wage required to be paid such an employee on August 20, 1996; and
(ii)an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (i) and the wage in effect under section 206(a)(1) of this title.
(B)An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.
(n)“Resale” shall not include the sale of goods to be used in residential or farm building construction, repair, or maintenance: Provided, That the sale is recognized as a bona fide retail sale in the industry.
(o)In determining for the purposes of section 206 and 207 of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee.
(p)“American vessel” includes any vessel which is documented or numbered under the laws of the United States.
(q)“Secretary” means the Secretary of Labor.
(r)(1)“Enterprise” means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an independent contractor. Within the meaning of this subsection, a retail or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not necessarily limited to, an agreement, (A) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (B) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (C) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact that it occupies premises leased to it by a person who also leases premises to other retail or service establishments.
(2)For purposes of paragraph (1), the activities performed by any person or persons—
(A)in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is operated for profit or not for profit), or
(B)in connection with the operation of a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), or
(C)in connection with the activities of a public agency,
(s)(1)“Enterprise engaged in commerce or in the production of goods for commerce” means an enterprise that—
(A)(i)has employees engaged in commerce or in the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and
(ii)is an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated);
(B)is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit); or
(C)is an activity of a public agency.
(2)Any establishment that has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise. The sales of such an establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection.
(t)“Tipped employee” means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.
(u)“Man-day” means any day during which an employee performs any agricultural labor for not less than one hour.
(v)“Elementary school” means a day or residential school which provides elementary education, as determined under State law.
(w)“Secondary school” means a day or residential school which provides secondary education, as determined under State law.
(x)“Public agency” means the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Regulatory Commission), a State, or a political subdivision of a State; or any interstate governmental agency.
(y)“Employee in fire protection activities” means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who—
(1)is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and
(2)is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1141j(g) of title 12, referred to in subsec. (f), was redesignated section 1141j(f) by Pub. L. 110–246, title I, § 1610, June 18, 2008, 122 Stat. 1746.

Amendments

2018—Subsec. (m). Pub. L. 115–141 designated first and second sentences of existing provisions as par. (1) and remainder of existing provisions as par. (2)(A), redesignated former pars. (1) and (2) as cls. (i) and (ii), respectively, of par. (2)(A) and, in cl. (ii), substituted “clause (i)” for “paragraph (1)”, and added subpar. (B) of par. (2). 2006—Subsecs. (e)(2)(B), (x). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 1999—Subsec. (y). Pub. L. 106–151 added subsec. (y). 1998—Subsec. (e)(5). Pub. L. 105–221 added par. (5). 1996—Subsec. (m). Pub. L. 104–188 inserted “In determining the wage an employer is required to pay a tipped employee, the amount paid such employee by the employee’s employer shall be an amount equal to— “(1) the cash wage paid such employee which for purposes of such determination shall be not less than the cash wage required to be paid such an employee on
August 20, 1996; and “(2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in paragraph (1) and the wage in effect under section 206(a)(1) of this title. The additional amount on account of tips may not exceed the value of the tips actually received by an employee.”, and struck out former penultimate sentence which read as follows: “In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of (1) 45 percent of the applicable minimum wage rate during the year beginning
April 1, 1990, and (2) 50 percent of the applicable minimum wage rate after
March 31, 1991, except that the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee.” Pub. L. 104–188 in last sentence substituted “preceding 2 sentences” for “previous sentence” and struck out “(1)” after “employee unless” and “(2)” after “subsection, and”. 1995—Subsec. (e)(2)(A). Pub. L. 104–1 struck out “legislative or” before “judicial branch” in cl. (iii) and added cl. (vi). 1989—Subsec. (m). Pub. L. 101–157, § 5, substituted “in excess of (1) 45 percent of the applicable minimum wage rate during the year beginning
April 1, 1990, and (2) 50 percent of the applicable minimum wage rate after
March 31, 1991,” for “in excess of 40 per centum of the applicable minimum wage rate,”. Subsec. (r). Pub. L. 101–157, § 3(d), designated first sentence as par. (1), made a separate sentence out of the existing proviso and redesignated cls. (1), (2), and (3) as (A), (B), and (C), respectively, designated second sentence as par. (2), in par. (2) as so designated, redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and, in subpar. (A) as so redesignated, substituted “school is operated” for “school is public or private or operated”. Subsec. (s). Pub. L. 101–157, § 3(a), amended subsec. (s) generally, completely revising definition of “enterprise engaged in commerce or in the production of goods for commerce”. 1985—Subsec. (e)(1). Pub. L. 99–150, § 4(a)(1), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”. Subsec. (e)(2)(C)(ii). Pub. L. 99–150, § 5, struck out “or” at end of subcl. (III), struck out “who” in subcl. (IV) before “is an”, substituted “, or” for period at end of subcl. (IV), and added subcl. (V). Subsec. (e)(4). Pub. L. 99–150, § 4(a)(2), added par. (4). 1977—Subsec. (m). Pub. L. 95–151, § 3(b), substituted “45 per centum” for “50 per centum”, effective Jan. 1, 1979, and “40 per centum” for “45 per centum”, effective Jan. 1, 1980. Subsec. (s). Pub. L. 95–151, § 9(a)–(c), in par. (1) inserted exception for enterprises comprised exclusively of retail or service establishments and described in par. (2), added par. (2), redesignated former pars. (2) to (5) as (3) to (6), respectively, and in text following par. (6), as so redesignated, inserted provisions relating to coverage of retail or service establishments subject to section 206(a)(1) of this title on
June 30, 1978, and provisions relating to violations of such coverage requirements. Subsec. (t). Pub. L. 95–151, § 3(a), substituted “$30” for “$20”. 1974—Subsec. (d). Pub. L. 93–259, § 6(a)(1), redefined “employer” to include a public agency and struck out text which excluded from such term the United States or any State or political subdivision of a State (except with respect to employees of a State, or a political subdivision thereof, employed (1) in a hospital, institution, or school referred to in last sentence of subsec. (r) of this section, or (2) in the operation of a railway or carrier referred to in such sentence). Subsec. (e). Pub. L. 93–259, § 6(a)(2), in revising definition of “employee”, incorporated existing introductory text in provisions designated as par. (1), inserting exception provision; added par. (2); incorporated existing cl. (1) in provisions designated as par. (3); and struck out former cl. (2) excepting from “employee”, “any individual who is employed by an employer engaged in agriculture if such individual (A) 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, (B) commutes daily from his permanent residence to the farm on which he is so employed, and (C) has been engaged in agriculture less than thirteen weeks during the preceding calendar year”. Subsec. (h). Pub. L. 93–259, § 6(a)(3), substituted “other activity, or branch or group thereof” for “branch thereof, or group of industries”. Subsec. (m). Pub. L. 93–259, § 13(e), substituted in provision respecting wage of tipped employee “the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee” for “in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount” and inserted “The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.” Subsec. (r)(3). Pub. L. 93–259, § 6(a)(4), added par. (3). Subsec. (s). Pub. L. 93–259, § 6(a)(5), in first sentence substituted preceding par. (1) “or employees handling, selling, or otherwise working on goods or materials” for “including employees handling, selling, or otherwise working on goods” and added par. (5), and inserted third sentence deeming employees of an enterprise which is a public agency to be employees engaged in commerce, or in production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce. Subsec. (x). Pub. L. 93–259, § 6(a)(6), added subsec. (x). 1972—Subsecs. (r)(1), (s)(4). Pub. L. 92–318, § 906(b)(2), (3), inserted reference to a preschool. 1966—Subsec. (d). Pub. L. 89–601, § 102(b), expanded definition of employer to include a State or a political subdivision thereof with respect to employees in a hospital, institution, or school referred to in last sentence of subsec. (r) of this section, or in the operation of a railway or carrier referred to in such sentence. Subsec. (e). Pub. L. 89–601, § 103(a), excluded from definition of “employee,” when that term is used in definition of “man-day,” any agricultural employee who is the parent, spouse, child, or other member of his employer’s immediate family and any agricultural hand harvest laborer, paid on a piece rate basis, who commutes daily from his permanent residence to the farm on which he is so employed, and who has been employed in agriculture less than 13 weeks during the preceding calendar year. Subsec. (m). Pub. L. 89–601, § 101(a), inserted provisions for determining the wage of a tipped employee. Subsec. (n). Pub. L. 89–601, § 215(a), struck out “, except as used in subsection (s)(1),” before “shall not”. Subsec. (r). Pub. L. 89–601, § 102(a), extended activities performed for a business purpose to include activities in the operation of hospitals, institutions for the sick, aged, or mentally ill or defective, schools for the handicapped, elementary and secondary schools, institutions of higher learning, or street, suburban, or interurban electric railway or local trolley or motorbus carriers if subject to regulation by a State or local agency regardless of whether public or private or whether operated for profit or not for profit. Subsec. (s). Pub. L. 89–601, § 102(c), removed gross annual business level tests of $1,000,000 for retail and service enterprises, street, suburban, or interurban electric railways or local trolley or motorbus carriers, and brought within the coverage of the gross annual business test all enterprises having employees engaged in commerce in the production of goods for commerce, including employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce, lowered the minimum gross annual volume test for covered enterprises from $1,000,000 to $500,000 for the period from Feb. 1, 1967, through Jan. 31, 1969, and to $250,000 for the period after Jan. 31, 1969, retained the $250,000 annual gross volume test for coverage of gasoline service establishments, and expanded coverage to include laundering or cleaning services,

Construction

or re

Construction

activities, or operation of hospitals, certain institutions for the care of the sick, aged, or mentally ill, certain special schools, and institutions of higher learning regardless of annual gross volume. Subsec. (t). Pub. L. 89–601, § 101(b), added subsec. (t). Subsec. (u). Pub. L. 89–601, § 103(b), added subsec. (u). Subsecs. (v), (w). Pub. L. 89–601, § 102(d), added subsecs. (v) and (w). 1961—Subsec. (m). Pub. L. 87–30, § 2(a), provided for exclusion from wages under a collective-bargaining agreement the cost of board, lodging, or other facilities and authorized the Secretary to determine the fair value of board, lodging, or other facilities for defined classes of employees in defined areas to be used in lieu of actual cost. Subsec. (n). Pub. L. 87–30, § 2(b), inserted “, except as used in subsection (s)(1),” before “shall not”. Subsecs. (p) to (s). Pub. L. 87–30, § 2(c), added subsecs. (p) to (s). 1949—Subsec. (b). Act Oct. 26, 1949, § 3(a), substituted “between” for “from” after “States or”, and “and” for “to” before “any place”. Subsec. (j). Act Oct. 26, 1949, § 3(b), inserted “closely related” before “process” and substituted “directly essential” for “necessary” after “occupation”. Subsec. (l)(1). Act Oct. 26, 1949, § 3(c), included parental employment of a child under 16 years of age in an occupation found by the Secretary of Labor to be hazardous for children between the ages of 16 and 18 years, in definition of oppressive child labor. Subsecs. (n), (o). Act Oct. 26, 1949, § 3(d), added subsecs. (n) and (o).

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(2)(A)(vi) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

Effective Date

of 1989 Amendment Pub. L. 101–157, § 3(e), Nov. 17, 1989, 103 Stat. 939, provided that: “The

Amendments

made by this section [amending this section and section 213 of this title] shall become effective on April 1, 1990.” Pub. L. 101–157, § 5, Nov. 17, 1989, 103 Stat. 941, provided that the amendment made by that section is effective Apr. 1, 1990.

Effective Date

of 1985 Amendment; Promulgation of

Regulations

Pub. L. 99–150, § 6, Nov. 13, 1985, 99 Stat. 790, provided that: “The

Amendments

made by this Act [amending this section and section 207 and 211 of this title and enacting provisions set out as notes under this section and section 201, 207, 215, and 216 of this title] shall take effect April 15, 1986. The Secretary of Labor shall before such date promulgate such

Regulations

as may be required to implement such

Amendments

.”

Effective Date

of 1977 Amendment Pub. L. 95–151, § 3(a), Nov. 1, 1977, 91 Stat. 1249, provided that the amendment made by that section is effective Jan. 1, 1978. Pub. L. 95–151, § 3(b)(1), Nov. 1, 1977, 91 Stat. 1249, provided that the amendment made by that section, reducing the maximum percentage of the minimum wage used in determining tips as wages from 50 to 45 per centum, is effective Jan. 1, 1979. Pub. L. 95–151, § 3(b)(2), Nov. 1, 1977, 91 Stat. 1249, provided that the amendment made by that section, reducing the maximum percentage of the minimum wage used in determining tips as wages from 45 to 40 per centum, is effective Jan. 1, 1980. Pub. L. 95–151, § 15(a), (b), Nov. 1, 1977, 91 Stat. 1253, provided that: “(a) Except as provided in section 3, 14, and subsection (b) of this section, the

Amendments

made by this Act [amending section 206, 208, 213, and 216 of this title and enacting provisions set out as a note under section 204 of this title] shall take effect January 1, 1978. “(b) The

Amendments

made by section 8, 9, 11, 12, and 13 [amending this section and section 213 and 214 of this title] shall take effect on the date of the enactment of this Act [Nov. 1, 1977].”

Effective Date

of 1974 AmendmentAmendment 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 1966 Amendment Pub. L. 89–601, title VI, § 602, Sept. 23, 1966, 80 Stat. 844, provided in part that: “Except as otherwise provided in this Act, the

Amendments

made by this Act [amending this section and section 206, 207, 213, 214, 216, 218, and 255 of this title] shall take effect on February 1, 1967.”

Effective Date

of 1961 Amendment Pub. L. 87–30, § 14, May 5, 1961, 75 Stat. 75, provided that: “The

Amendments

made by this Act [amending this section and sections 204 to 208, 212 to 214, 216, and 217 of this title] shall take effect upon the expiration of one hundred and twenty days after the date of its enactment [May 5, 1961], except as otherwise provided in such

Amendments

and except that the authority to promulgate necessary rules,

Regulations

, or orders with regard to

Amendments

made by this Act, under the Fair Labor Standards Act of 1938 and

Amendments

thereto [this chapter], including

Amendments

made by this Act, may be exercised by the Secretary on and after the date of enactment of this Act [May 5, 1961].”

Effective Date

of 1949 AmendmentAmendment 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. Effect on

Regulations

Pub. L. 115–141, div. S, title XII, § 1201(c), Mar. 23, 2018, 132 Stat. 1149, provided that: “The portions of the final rule promulgated by the Department of Labor entitled ‘Updating

Regulations

Issued Under the Fair Labor Standards Act’ (76 Fed. Reg. 18832 (April 5, 2011)) that revised section 531.52, 531.54, and 531.59 of title 29, Code of Federal

Regulations

(76 Fed. Reg. 18854–18856) and that are not addressed by section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as such section was in effect on April 5, 2011), shall have no further force or effect until any future action taken by the Administrator of the Wage and Hour Division of the Department of Labor.”

Construction

of 1999 Amendment Pub. L. 106–151, § 2, Dec. 9, 1999, 113 Stat. 1731, provided that: “The amendment made by section 1 [amending this section] shall not be construed to reduce or substitute for compensation standards: (1) contained in any existing or future agreement or memorandum of understanding reached through collective bargaining by a bona fide representative of employees in accordance with the laws of a State or political subdivision of a State; and (2) which result in compensation greater than the compensation available to employees under the overtime exemption under section 7(k) of the Fair Labor Standards Act of 1938 [29 U.S.C. 207(k)].” Preservation of Coverage Pub. L. 101–157, § 3(b), Nov. 17, 1989, 103 Stat. 939, provided that: “(1) In general.—Any enterprise that on
March 31, 1990, was subject to section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) and that because of the amendment made by subsection (a) [amending this section] is not subject to such section shall—“(A) pay its employees not less than the minimum wage in effect under such section on
March 31, 1990; “(B) pay its employees in accordance with section 7 of such Act (29 U.S.C. 207); and “(C) remain subject to section 12 of such Act (29 U.S.C. 212). “(2) Violations.—A violation of paragraph (1) shall be considered a violation of section 6, 7, or 12 of the Fair Labor Standards Act of 1938 [29 U.S.C. 206, 207, 212], as the case may be.” Volunteers; Promulgation of

Regulations

Pub. L. 99–150, § 4(b), Nov. 13, 1985, 99 Stat. 790, provided that: “Not later than March 15, 1986, the Secretary of Labor shall issue

Regulations

to carry out paragraph (4) of section 3(e) (as amended by subsection (a) of this section) [29 U.S.C. 203(e)(4)].” Practice of Public Agency in Treating Certain Individuals as Volunteers Prior to
April 15, 1986; Liability Pub. L. 99–150, § 4(c), Nov. 13, 1985, 99 Stat. 790, provided that: “If, before
April 15, 1986, the practice of a public agency was to treat certain individuals as volunteers, such individuals shall until
April 15, 1986, be considered, for purposes of the Fair Labor Standards Act of 1938 [this chapter], as volunteers and not as employees. No public agency which is a State, a political subdivision of a State, or an interstate governmental agency shall be liable for a violation of section 6 [29 U.S.C. 206] occurring before
April 15, 1986, with respect to services deemed by that agency to have been performed for it by an individual on a voluntary basis.” Status of Baggers at Commissary of Military Department Pub. L. 95–485, title VIII, § 819, Oct. 20, 1978, 92 Stat. 1626, provided that: “Notwithstanding any other provision of law, an individual who performs bagger or carryout service for patrons of a commissary of a military department may not be considered to be an employee for purposes of the Fair Labor Standards Act of 1938 [this chapter] by virtue of such service if the sole compensation of such individual for such service is derived from tips.” Administrative Action by Secretary of Labor With Regard to Implementation of Fair Labor Standards

Amendments

of 1977 Pub. L. 95–151, § 15(c), Nov. 1, 1977, 91 Stat. 1253, provided that: “On and after the date of the enactment of this Act [Nov. 1, 1977], the Secretary of Labor shall take such administrative action as may be necessary for the implementation of the

Amendments

made by this Act [See

Short Title

of 1977 Amendment note set out under section 201 of this title].” Rules,

Regulations

, and Orders Promulgated With Regard to 1966

Amendments

Pub. L. 89–601, title VI, § 602, Sept. 23, 1966, 80 Stat. 844, provided in part that: “On and after the date of the enactment of this Act [Sept. 23, 1966] the Secretary is authorized to promulgate necessary rules,

Regulations

, or orders with regard to the

Amendments

made by this Act [see

Short Title

of 1966 Amendment note set out under section 201 of this title].”

Executive Documents

Transfer of Functions

In subsec. (l), “Secretary of Labor” substituted for “Chief of the Children’s Bureau in the Department of Labor” and for “Chief of the Children’s Bureau” pursuant to Reorg. Plan No. 2 of 1946, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, set out in the Appendix to Title 5, Government Organization and Employees, which transferred functions of Children’s Bureau and its Chief under sections 201 to 216 and 217 to 219 of this title to Secretary of Labor to be performed under his direction and control by such officers and employees of Department of Labor as he designates.

Reference

Citations & Metadata

Citation

29 U.S.C. § 203

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60