Laws: Cases and Codes : U.S. Code : Title 29 : Section 214
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U.S. Code as of:
01/19/04
Section 214 - Notes
SOURCE
(June 25, 1938, ch. 676, Sec. 14, 52 Stat. 1068; Oct. 26, 1949, ch.
736, Sec. 12, 63 Stat. 918; Pub. L. 87-30, Sec. 11, May 5, 1961, 75
Stat. 74; Pub. L. 89-601, title V, Sec. 501, Sept. 23, 1966, 80
Stat. 842; Pub. L. 93-259, Sec. 24(a), (b), Apr. 8, 1974, 88 Stat.
69, 72; Pub. L. 95-151, Secs. 12, 13, Nov. 1, 1977, 91 Stat. 1252;
Pub. L. 99-486, Oct. 16, 1986, 100 Stat. 1229; Pub. L. 101-157,
Sec. 4(d), Nov. 17, 1989, 103 Stat. 941.)
REFERENCES IN TEXT
Effective date of the Fair Labor Standards Amendments of 1974,
referred to in subsec. (b)(1)(B)(i), (ii), means May 1, 1974,
except as otherwise specifically provided, under provisions of
section 29(a) of Pub. L. 93-259, set out as an Effective Date of
1974 Amendment note under section 202 of this title.
AMENDMENTS
1989 - Subsec. (b)(1)(A). Pub. L. 101-157 struck out "(or in the
case of employment in Puerto Rico or the Virgin Islands not
described in section 205(e) of this title, at a wage rate not less
than 85 per centum of the otherwise applicable wage rate in effect
under section 206(c) of this title)" after "whichever is the
higher".
Subsec. (b)(2), (3). Pub. L. 101-157 struck out "(or in the case
of employment in Puerto Rico or the Virgin Islands not described in
section 205(e) of this title, at a wage rate not less than 85 per
centum of the wage rate in effect under section 206(c) of this
title)" after "whichever is the higher".
1986 - Subsec. (c). Pub. L. 99-486 amended subsec. (c) generally,
revising and restating as pars. (1) to (5) provisions formerly
contained in pars. (1) to (3).
1977 - Subsec. (b)(4)(B). Pub. L. 95-151, Sec. 12(a), substituted
"six" for "four" wherever appearing.
Subsec. (b)(4)(D). Pub. L. 95-151, Sec. 13, added subpar. (D).
1974 - Subsec. (a). Pub. L. 93-259, Sec. 24(a), added subsec. (a)
and struck out former subsec. (a) which had provided: "The
Secretary of Labor, to the extent necessary in order to prevent
curtailment of opportunities for employment, shall by regulations
or by orders provide for the employment of learners, of
apprentices, and of messengers employed primarily in delivery
letters and messages, under special certificates issued pursuant to
regulations of the Secretary, at such wages lower than the minimum
wage applicable under section 206 of this title and subject to such
limitations as to time, number, proportion, and length of service
as the Secretary shall prescribe."
Subsec. (b). Pub. L. 93-259, Sec. 24(a), added subsec. (b) and
struck out former subsec. (b) which had provided: "The Secretary,
to the extent necessary in order to prevent curtailment of
opportunities for employment, shall by regulation or order provide
for the employment of full-time students, regardless of age but in
compliance with applicable child labor laws, on a part-time basis
in retail or service establishments (not to exceed twenty hours in
any workweek) or on a part-time or full-time basis in such
establishments during school vacations, under special certificates
issued pursuant to regulations of the Secretary, at a wage rate not
less than 85 per centum of the minimum wage applicable under
section 206 of this title, except that the proportion of student
hours of employment to total hours of employment of all employees
in any establishment may not exceed (1) such proportion for the
corresponding month of the twelve-month period preceding May 1,
1961, (2) in the case of a retail or service establishment whose
employees (other than employees engaged in commerce or in the
production of goods for commerce) are covered by this chapter for
the first time on or after the effective date of the Fair Labor
Standards Amendments of 1966, such proportion for the corresponding
month of the twelve-month period immediately prior to such date, or
(3) in the case of a retail or service establishment coming into
existence after May 1, 1961, or a retail or service establishment
for which records of student hours worked are not available, a
proportion of student hours of employment to total hours of
employment of all employees based on the practice during the
twelve-month period preceding May 1, 1961, in (A) similar
establishments of the same employer in the same general
metropolitan area in which the new establishment is located, (B)
similar establishments of the same employer in the same or nearby
counties if the new establishment is not in a metropolitan area, or
(C) other establishments of the same general character operating in
the community or the nearest comparable community. Before the
Secretary may issue a certificate under this subsection he must
find that such employment will not create a substantial probability
of reducing the full-time employment opportunities of persons other
than those employed under this subsection."
Subsecs. (c), (d). Pub. L. 93-259, Sec. 24(a), (b), struck out
subsec. (c) and redesignated subsec. (d) as (c). Former subsec. (c)
had provided: "The Secretary, to the extent necessary in order to
prevent curtailment of opportunities for employment, shall by
certificate or order provide for the employment of full-time
students, regardless of age but in compliance with applicable child
labor laws, on a part-time basis in agriculture (not to exceed
twenty hours in any workweek) or on a part-time or full-time basis
in agriculture during school vacations, at a wage rate not less
than 85 per centum of the minimum wage applicable under section 206
of this title. Before the Secretary may issue a certificate or
order under this subsection he must find that such employment will
not create a substantial probability of reducing the full-time
employment opportunities of persons other than those employed under
this subsection."
1966 - Pub. L. 89-601 provided for employment of full-time
students regardless of age but in compliance with applicable child
labor laws outside of their school hours in retail or service
establishments or in agriculture at not less than 85 percent of the
minimum wage in full-time positions during school vacations or in
part-time positions not to exceed 20 hours in any workweek under
certificates issued by the Secretary, set out the formula for the
allowable proportion of student hours of employment to total hours
of employment, provided for the employment of handicapped workers
at rates down to 50 percent of the applicable minimum wage and at
even lower rates for persons suffering severe impairment,
authorized the establishment of special rates for handicapped
workers employed in work activities centers, and defined work
activity centers.
1961 - Pub. L. 87-30 provided for employment of students in cl.
(1).
1949 - Act Oct. 26, 1949, substituted "primarily" for
"exclusively" after "messengers employed".
TRANSFER OF FUNCTIONS
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, Government Organization and 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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 215, 721 of this title.
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