Laws: Cases and Codes : U.S. Code : Title 29 : Section 207
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U.S. Code as of:
01/19/04
Section 207 - Notes
SOURCE
(June 25, 1938, ch. 676, Sec. 7, 52 Stat. 1063; Oct. 29, 1941, ch.
461, 55 Stat. 756; July 20, 1949, ch. 352, Sec. 1, 63 Stat. 446;
Oct. 26, 1949, ch. 736, Sec. 7, 63 Stat. 912; Pub. L. 87-30, Sec.
6, May 5, 1961, 75 Stat. 69; Pub. L. 89-601, title II, Secs.
204(c), (d), 212(b), title IV, Secs. 401-403, Sept. 23, 1966, 80
Stat. 835-837, 841, 842; Pub. L. 93-259, Secs. 6(c)(1), 7(b)(2),
9(a), 12(b), 19, 21(a), Apr. 8, 1974, 88 Stat. 60, 62, 64, 66, 68;
Pub. L. 99-150, Secs. 2(a), 3(a)-(c)(1), Nov. 13, 1985, 99 Stat.
787, 789; Pub. L. 101-157, Sec. 7, Nov. 17, 1989, 103 Stat. 944;
Pub. L. 104-26, Sec. 2, Sept. 6, 1995, 109 Stat. 264; Pub. L.
106-202, Sec. 2(a), (b), May 18, 2000, 114 Stat. 308, 309.)
REFERENCES IN TEXT
The Fair Labor Standards Amendments of 1966, referred to in
subsec. (a)(2), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830.
For complete classification of this Act to the Code, see Short
Title of 1966 Amendment note set out under section 201 of this
title and Tables.
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 Feb. 1, 1967 except as otherwise provided,
see section 602 of Pub. L. 89-601, set out as an Effective Date of
1966 Amendment note under section 203 of this title.
Section 6(c)(3) of the Fair Labor Standards Amendments of 1974,
referred to in subsec. (k)(1), is Pub. L. 93-259, Sec. 6(c)(3),
Apr. 8, 1974, 88 Stat. 61, which is set out as a note under section
213 of this title.
AMENDMENTS
2000 - Subsec. (e)(8). Pub. L. 106-202, Sec. 2(a), added par.
(8).
Subsec. (h). Pub. L. 106-202, Sec. 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, Sec. 2(a), added subsec. (o).
Subsec. (p). Pub. L. 99-150, Sec. 3(a)-(c)(1), added subsec. (p).
1974 - Subsec. (c). Pub. L. 93-259, Sec. 19(a), (b), substituted
"seven workweeks" for "ten workweeks", "ten workweeks" for
"fourteen workweeks" and "forty-eight hours" for "fifty hours"
effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted
"five workweeks" for "seven workweeks" and "seven workweeks" for
"ten workweeks" effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d),
substituted "three workweeks" for "five workweeks" and "five
workweeks" for "seven workweeks" effective Jan. 1, 1976. Pub. L.
93-259, Sec. 19(e), repealed subsec. (c) effective Dec. 31, 1976.
Subsec. (d). Pub. L. 93-259, Sec. 19(a), (b), substituted "seven
workweeks" for "ten workweeks", "ten workweeks" for "fourteen
workweeks" and "forty-eight hours" for "fifty hours" effective May
1, 1974. Pub. L. 93-259, Sec. 19(c), substituted "five workweeks"
for "seven workweeks" and "seven workweeks" for "ten workweeks"
effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted
"three workweeks" for "five workweeks" and "five workweeks" for
"seven workweeks" effective Jan. 1, 1976. Pub. L. 93-259, Sec.
19(e), repealed subsec. (d) effective Dec. 31, 1976.
Subsec. (j). Pub. L. 93-259, Sec. 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, Sec. 6(c)(1)(D), effective Jan. 1,
1978, substituted in par. (1) "exceed the lesser of (A) 216 hours,
or (B) the average number of hours (as determined by the Secretary
pursuant to section 6(c)(3) of the Fair Labor Standards Amendments
of 1974) in tours of duty of employees engaged in such activities
in work periods of 28 consecutive days in calendar year 1975" for
"exceed 216 hours" and inserted in par. (2) "(or if lower, the
number of hours referred to in clause (B) of paragraph (1)".
Pub. L. 93-259, Sec. 6(c)(1)(C), substituted "216 hours" for "232
hours", wherever appearing, effective Jan. 1, 1977.
Pub. L. 93-259, Sec. 6(c)(1)(B), substituted "232 hours" for "240
hours", wherever appearing, effective Jan. 1, 1976.
Pub. L. 93-259, Sec. 6(c)(1)(A), added subsec. (k), effective
Jan. 1, 1975.
Subsec. (l). Pub. L. 93-259, Sec. 7(b)(2), added subsec. (l).
Subsec. (m). Pub. L. 93-259, Sec. 9(a), added subsec. (m).
Subsec. (n). Pub. L. 93-259, Sec. 21(a), added subsec. (n).
1966 - Subsec. (a). Pub. L. 89-601, Sec. 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, Sec. 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, Sec. 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, Sec. 204(c), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 89-601, Sec. 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, Sec. 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, Secs. 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, Sec. 403, added subsec. (j).
1961 - Subsec. (a). Pub. L. 87-30, Sec. 6(a), designated existing
provisions as par. (1), inserted "in any workweek", and added par.
(2).
Subsec. (b)(2). Pub. L. 87-30, Sec. 6(b), substituted "in excess
of the maximum workweek applicable to such employee under
subsection (a) of this section" for "in excess of forty hours in
the workweek".
Subsec. (d)(5), (7). Pub. L. 87-30, Sec. 6(c), (d), substituted
"in excess of the maximum workweek applicable to such employee
under subsection (a) of this section" for "forty in a workweek" in
par. (5) and "the maximum workweek applicable to such employee
under subsection (a) of this section" for "forty hours" in par.
(7).
Subsec. (e). Pub. L. 87-30, Sec. 6(e), substituted "the maximum
workweek applicable to such employee under subsection (a) of this
section", "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, Sec. 6(f), substituted "the maximum
workweek applicable to such employee under subsection" for "forty
hours" in two places.
Subsec. (h). Pub. L. 87-30, Sec. 6(g), added subsec. (h).
1949 - Subsec. (a). Act Oct. 26, 1949, continued requirement that
employment in excess of 40 hours in a workweek be compensated at
rate not less than 1 1/2 times regular rate except as to employees
specifically exempted.
Subsec. (b)(1). Act Oct. 26, 1949, increased employment period
limitation from one thousand hours to one thousand and forty hours
in semi-annual agreements.
Subsec. (b)(2). Act Oct. 26, 1949, increased employment period
limitation from two thousand and eighty hours to two thousand two
hundred and forty hours in annual agreements, fixed minimum and
maximum guaranteed employment periods, and provided for overtime
rate for hours worked in excess of the guaranty.
Subsec. (c). Act Oct. 26, 1949, added buttermilk to commodities
listed for first processing.
Subsec. (d). Act Oct. 26, 1949, struck out former subsec. (d) and
inserted a new subsec. (d) defining regular rate with certain
specified types of payments excepted.
Subsec. (e) added by act July 20, 1949, and amended by act Oct.
26, 1949, which determined compensation to be paid for irregular
hours of work.
Subsecs. (f) and (g). Act Oct. 26, 1949, added subsecs. (f) and
(g).
1941 - Subsec. (b)(2) amended by act Oct. 29, 1941.
TRANSFER OF FUNCTIONS
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, Secs. 1, 2, 15 F.R. 3174,
64 Stat. 1263, set out in the Appendix to Title 5.
LIABILITY OF EMPLOYERS
Pub. L. 106-202, Sec. 2(d), May 18, 2000, 114 Stat. 309, provided
that: "No employer shall be liable under the Fair Labor Standards
Act of 1938 [29 U.S.C. 201 et seq.] for any failure to include in
an employee's regular rate (as defined for purposes of such Act)
any income or value derived from employer-provided grants or rights
obtained pursuant to any stock option, stock appreciation right, or
employee stock purchase program if -
"(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 [May 18, 2000] and will require shareholder
approval to modify such program to comply with section 7(e)(8) of
the Fair Labor Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as
added by the amendments made by subsection (a)); or
"(3) such program is provided under a collective bargaining
agreement that is in effect on the effective date described in
subsection (c)."
EX. ORD. NO. 9607. FORTY-EIGHT HOUR WARTIME WORKWEEK
Ex. Ord. No. 9607, Aug. 30, 1945, 10 F.R. 11191, provided:
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 February 9, 1943 [8 F.R. 1825] (formerly
set out as note under this section), establishing a minimum wartime
workweek of forty-eight hours, be, and it is hereby, revoked.
Harry S Truman.
DEFINITION OF "ADMINISTRATOR"
The term "Administrator" as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 203, 211, 213, 214, 215,
216, 216b, 218, 2611, 2617 of this title; title 2 section 1313;
title 3 section 413; title 5 sections 5542, 5543, 5544, 5545b,
6123, 6128; title 41 sections 35, 355.
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