§413 — Title 3 The President | U.S. Code

§413 Rights and Protections Under the Fair Labor Standards Act of 1938

Title 3 › Chapter 5— EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES › Subchapter II— EXTENSION OF RIGHTS AND PROTECTIONS › Part A— Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 413

Last updated Apr 3, 2026|Official source

Summary

Give certain pay and overtime protections from the Fair Labor Standards Act to "covered employees." Covered employees do not include interns or volunteers as the rules define. Unless the rules allow it, covered employees may not take compensatory time instead of overtime pay. If these protections are violated, workers can get damages, including extra damages, as under section 16(b) of the Fair Labor Standards Act. The President or a person he names must write rules to make this work. Those rules should follow the Labor Secretary’s rules unless the President shows good reason to change them. Special rules must cover workers whose schedules depend on the President or Vice President. The protections start when those rules take effect or on October 1, 1998, whichever comes first.

Title 3, §413

The President — Source: USLM XML via OLRC

(a)(1)The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 shall apply to covered employees.

(2)For the purposes of this section, the term “covered employee” does not include an intern or a volunteer as defined in regulations under subsection (c).

(3)Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.

(b)The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938.

(c)(1)The President, or the designee of the President, shall issue regulations to implement this section.

(2)Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

(3)The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules.

(d)Subsections (a) and (b) shall take effect on the earlier of—

(1)the effective date of regulations issued under subsection (c); or

(2)October 1, 1998.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. section 6, 7, 12, and 16 of the Act are classified to section 206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.