29 U.S. Code § 213 - Exemptions

(a) Minimum wage and maximum hour requirements The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to—

any secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the (2)

Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989 , 103 Stat. 939.

any 206 and 207 of this title provided by this paragraph does not apply with respect to anysection 206 of this title, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Agriculture; or

Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989 , 103 Stat. 939.

any agriculture (A) if suchagriculture less than thirteen weeks during the preceding calendar year, (D) if such (7)

Repealed. Pub. L. 93–259, § 23(a)(1), Apr. 8, 1974 , 88 Stat. 69.

any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or

Repealed. Pub. L. 93–259, § 10(a), Apr. 8, 1974 , 88 Stat. 63. , (14) Repealed. Pub. L. 93–259, §§ 9(b)(1), 23(b)(1), Apr. 8, 1974 , 88 Stat. 63, 69. a criminal investigator who is paid availability pay under section 5545a of title 5;

the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or

a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and

who, in the case of an (18)

any section 206(a) of this title for a workweek of 40 hours, irrespective of the number of hours the (b) Maximum hour requirements The provisions of section 207 of this title shall not apply with respect to—

any employer engaged in the operation of a rail carrier subject to part A of subtitle IV of title 49; or

any Railway Labor Act [45 U.S.C. 181 et seq.]; or Repealed. Pub. L. 93–259, § 11(c), Apr. 8, 1974 , 88 Stat. 64.

any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or

Repealed. Pub. L. 93–259, § 21(b)(3), Apr. 8, 1974 , 88 Stat. 68. Repealed. Pub. L. 95–151, § 14(b), Nov. 1, 1977 , 91 Stat. 1252.

any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers; or

any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers; or

any agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year; or

any agriculture by a farmer, notwithstanding other employment of suchagriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at asection 206(a)(1) of this title; or

any sells products and services used in the operation of a farm, if no more than five (15)

any State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same persons employed or to be employed in the harvesting of fruits or vegetables; or

any driver employed by an employer engaged in the business of operating taxicabs; or , (19) Repealed. Pub. L. 93–259, §§ 15(c), 16(b), Apr. 8, 1974 , 88 Stat. 65.

any public agency who in any workweek is employed in fire protection activities or anypublic agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 (21)

Repealed. Pub. L. 95–151, § 5, Nov. 1, 1977 , 91 Stat. 1249. Repealed. Pub. L. 93–259, § 10(b)(3), Apr. 8, 1974 , 88 Stat. 64. who are orphans or one of whose natural parents is deceased, or who are enrolled in such institution and reside in residential facilities of the institution, while such children are in residence at such institution, if such (25) , (26) Repealed. Pub. L. 95–151, §§ 6(a), 7(a), Nov. 1, 1977 , 91 Stat. 1249, 1250. any employer in such forestry or lumbering operations does not exceed eight;

any Agriculture, and (B) receives compensation for employment in excess of fifty-six hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or

a criminal investigator who is paid availability pay under section 5545a of title 5. (c) Child labor requirements

(1) Except as provided in paragraph (2) or (4), the provisions of section 212 of this title relating to child labor shall not apply to any (A)

is less than twelve years of age and (i) is employed by his parent, or by a person standing in the place of his parent, on a farm owned or operated by such parent or person, or (ii) is employed, with the consent of his parent or person standing in the place of his parent, on a farm, none of the section 206(a)(5) [1] of this title,

is twelve years or thirteen years of age and (i) such employment is with the consent of his parent or person standing in the place of his parent, or (ii) his parent or such person is employed on the same farm as such (C)

is fourteen years of age or older. The provisions of section 212 of this title relating to child labor shall apply to an (3)

The provisions of section 212 of this title relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.

(A) An employer or group of employers may apply to the section 212 of this title to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The (i)

the crop to be harvested is one with a particularly short harvesting season and the application of section 212 of this title would cause severe economic disruption in the (ii)

the employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being;

the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply;

individuals age twelve and above are not available for such employment; and

the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age.

(B) Any waiver granted by the (i)

the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed;

such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and

such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the (5)

(A) In the administration and enforcement of the child labor provisions of this chapter, (i) that are safe for 16- and 17-year-old (ii) that cannot be operated while being loaded.

(B) For purposes of subparagraph (A), scrap paper balers and paper box compactors shall be considered safe for 16- or 17-year-old (i)

the scrap paper balers and paper box compactors meet the American National Standards Institute’s Standard ANSI Z245.5–1990 for scrap paper balers and Standard ANSI Z245.2–1992 for paper box compactors; or

the scrap paper balers and paper box compactors meet an applicable standard that is adopted by the American National Standards Institute after August 6, 1996 , and that is certified by the (ii)

the scrap paper balers and paper box compactors include an on-off switch incorporating a key-lock or other system and the control of the system is maintained in the custody of (iii)

the on-off switch of the scrap paper balers and paper box compactors is maintained in an off position when the scrap paper balers and paper box compactors are not in operation; and

(iv) the employer of 16- and 17-year-old (I)

the scrap paper balers and paper box compactors meet the applicable standard described in clause (i);

16- and 17-year-old (III) (i) Employers shall prepare and submit to the (I) on any injury to an (II) on any fatality of an (ii)

The reports described in clause (i) shall be used by the (iii) The reports described in clause (i) shall provide—

the name, telephone number, and address of the employer and the address of the place of employment where the incident occurred;

the name, telephone number, and address of the (III) the date of the incident; a description of the injury and a narrative describing how the incident occurred; and

the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident.

The reports described in clause (i) shall be submitted to the (v) The reporting requirements of this subparagraph shall expire 2 years after August 6, 1996 .

(6) In the administration and enforcement of the child labor provisions of this chapter, Employees who are 17 years of age may drive automobiles or trucks on public roadways only if—

such driving is restricted to daylight hours;

the automobile or truck is equipped with a seat belt for the driver and any passengers and the employer has instructed the (E)

the automobile or truck does not exceed 6,000 pounds of gross vehicle weight; (F) such driving does not involve— the towing of vehicles; route deliveries or route sales; the transportation for hire of property, goods, or passengers; urgent, time-sensitive deliveries;

more than two trips away from the primary place of employment in any single day for the purpose of delivering goods of the employer to a customer (other than urgent, time-sensitive deliveries);

more than two trips away from the primary place of employment in any single day for the purpose of transporting passengers (other than employer);

transporting more than three passengers (including employer); or driving beyond a 30 mile radius from the (G)

Subject to subparagraph (B), in the administration and enforcement of the child labor provisions of this chapter, it shall not be considered oppressive child labor for a new entrant into the workforce to be employed inside or outside places of business where machinery is used to process wood products.

(ii) In this paragraph, the term “new entrant into the workforce” means an individual who— is under the age of 18 and at least the age of 14, and by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade. (B) The employment of a new entrant into the workforce under subparagraph (A) shall be permitted—

if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant;

if the entrant does not operate or assist in the operation of power-driven woodworking machines;

if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and

if the entrant is required to use personal protective equipment to prevent exposure to excessive levels of noise and saw dust.

(d) Delivery of newspapers and wreathmaking

The provisions of sections 206, 207, and 212 of this title shall not apply with respect to any (e) Maximum hour requirements and minimum wage employees

The provisions of section 207 of this title shall not apply with respect tosection 207 of this title if he shall find, after a public hearing on the matter, and taking into account the factors set forth in section 206(a)(3) 1 of this title, that economic conditions warrant such action.

(f) Employment in foreign countries and certain United States territories

The provisions of sections 206, 207, 211, and 212 of this title shall not apply with respect to any States other than the following: a States; the District of Columbia; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.]; American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island.

(g) Certain employment in retail or service establishments, agriculture

The exemption from section 206 of this title provided by paragraph (6) of subsection (a) of this section shall not apply with respect to any employee; and (2) whose annual gross volume of employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated).

(h) Maximum hour requirement: fourteen workweek limitation The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year to any (1) is employed by such employer—

exclusively to provide services necessary and incidental to the ginning of cotton in an establishment primarily engaged in the ginning of cotton;

exclusively to provide services necessary and incidental to the receiving, handling, and storing of raw cotton and the compressing of raw cotton when performed at a cotton warehouse or compress-warehouse facility, other than one operated in conjunction with a cotton mill, primarily engaged in storing and compressing;

exclusively to provide services necessary and incidental to the receiving, handling, storing, and processing of cottonseed in an establishment primarily engaged in the receiving, handling, storing, and processing of cottonseed; or

exclusively to provide services necessary and incidental to the processing of sugar cane or sugar beets in an establishment primarily engaged in the processing of sugar cane or sugar beets; and

(2) receives for— such employment by such employer which is in excess of ten hours in any workday, and such employment by such employer which is in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed.

Any employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section or section 207 of this title.

(i) Cotton ginning The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any (1)

is engaged in the ginning of cotton for market in any place of employment located in a county where cotton is grown in commercial quantities; and

(2) receives for any such employment during such workweeks— in excess of ten hours in any workday, and in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.

(j) Processing of sugar beets, sugar beet molasses, or sugar cane The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any (1)

is engaged in the processing of sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup; and

(2) receives for any such employment during such workweeks— in excess of ten hours in any workday, and in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.


[1] See References in Text note below.
Editorial Notes References in Text

The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577. Title II of the Railway Labor Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (§ 181 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code see section 151 of Title 45 and Tables.

The Outer Continental Shelf Lands Act, referred to in subsec. (f), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

Codification

In subsec. (a)(1), “subchapter II of chapter 5 of title 5” substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966 , 80 Stat. 631, the first section of which enacted Title 5, Government Organization andsection 31502 of title 49” substituted for “section 3102 of title 49” on authority of Pub. L. 103–272, §§ 1(c), (e), 6(b), July 5, 1994 , 108 Stat. 745, 862, 1029, 1378. Previously, “section 3102 of title 49” substituted for “section 204 of the Motor Carrier Act, 1935 [49 U.S.C. 304]”, on authority of Pub. L. 97–449, § 6(b), Jan. 12, 1983 , 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation.

Amendments

2018—Subsec. (a)(19). Pub. L. 115–141 added par. (19).

2014—Subsec. (a)(18). Pub. L. 113–277 added par. (18).

2004—Subsec. (c)(7). Pub. L. 108–199 added par. (7).

1998—Subsec. (c)(6). Pub. L. 105–334 added par. (6).

1997—Subsec. (b)(12). Pub. L. 105–78 substituted “water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year” for “water for agricultural purposes”.

1996—Subsec. (a)(17). Pub. L. 104–188 added par. (17).

1995—Subsec. (b)(2). Pub. L. 104–88 substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by rail and subject to the provisions of part I of the Interstate Commerce Act”.

1989—Subsec. (a)(2). Pub. L. 101–157, § 3(c)(1), struck out par. (2) which related toPub. L. 101–157, § 3(c)(1), struck out par. (4) which related toPub. L. 101–157, § 3(c)(2), substituted “provided by paragraph (6) of subsection (a)” for “provided by paragraphs (2) and (6) of subsection (a)” and struck out before period at end “, except that the exemption from section 206 of this title provided by paragraph (2) of subsection (a) of this section shall apply with respect to any establishment described in this subsection which has an annual dollar volume ofsection 203(s) of this title”.

1979—Subsec. (f). Pub. L. 96–70 struck out “; and the Canal Zone” after “Johnston Island”.

1977—Subsec. (a)(2). Pub. L. 95–151, § 9(d), substituted “section 203(s)(5)” for “section 203(s)(4)”.

Subsec. (a)(3). Pub. L. 95–151, §§ 4(a), 11, inserted “organized camp, or religious or non-profit educational conference center,” after “recreational establishment,”, and inserted provisions relating to applicability of exemption from sections 206 and 207 of this title authorized by this paragraph for privatePub. L. 95–151, § 14(a), substituted “forty-four” for “forty-six”.

Pub. L. 95–151, § 14(b), struck out par. (8) which related to exemption of hotel, motel, and restaurantJan. 1, 1979 .

Subsec. (b)(22). Pub. L. 95–151, § 5, struck out par. (22) which related to exemption of shade-grown tobaccoPub. L. 95–151, § 6(a), struck out par. (25) which related to exemption of cotton ginningPub. L. 95–151, § 7(a), struck out par. (26) which related to exemption of sugarPub. L. 95–151, § 4(b), added par. (29).

Subsec. (c). Pub. L. 95–151, § 8, in par. (1) inserted reference to par. (4), and added par. (4).

1974—Subsec. (a)(2). Pub. L. 93–259, § 8(a), substituted “$225,000” for “$250,000” effective Jan. 1, 1975 , Pub. L. 93–259, § 8(b), substituted “$200,000” for “$225,000” effective Jan. 1, 1976 . Pub. L. 93–259, § 8(c), struck out “or such establishment has an annual dollar volume ofsection 203(s) of this title” effective Jan. 1, 1977 .

Subsec. (a)(9). Pub. L. 93–259, § 23(a)(1), repealed exemption provision respecting anyPub. L. 93–259, § 10(a), repealed exemption provision respecting anyPub. L. 93–259, § 23(b)(1), repealed exemption provision respecting anyPub. L. 93–259, § 9(b)(1), repealed exemption provision respecting any agriculturalPub. L. 93–259, § 7(b)(3), added par. (15).

Subsec. (b)(2). Pub. L. 93–259, § 23(c), amended par. (2) (insofar as it relates to pipelinePub. L. 93–259, § 11(a), effective May 1, 1974 , inserted “who is” after Pub. L. 93–259, § 11(b), substituted “forty-four hours” for “forty-eight hours” effective one year after May 1, 1974 . Pub. L. 93–259, § 11(c), repealed subsec. (b)(4) effective two years after May 1, 1974 .

Subsec. (b)(7). Pub. L. 93–259, § 21(b)(1), substituted “(regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), if suchMay 1, 1974 . Pub. L. 93–259, § 21(b)(2), substituted “forty-four hours” for “forty-eight hours” effective one year after May 1, 1974 . Pub. L. 93–259, § 21(b)(3) repealed subsec. (b)(7) effective two years after May 1, 1974 .

Subsec. (b)(8). Pub. L. 93–259, §§ 12(a), 13(a), effective May 1, 1974 , insofar as relating to nursing homePub. L. 93–259, § 13(b), effective one year after May 1, 1974 , substituted “forty-six hours” for “forty-eight hours” in subparas. (A) and (B). Pub. L. 93–259, § 13(c), effective two years after May 1, 1974 , substituted “forty-four hours” for “forty-six hours” in subpar. (B). Pub. L. 93–259, § 13(d), repealed subsec. (b)(8)(B) and eliminated the designation (A), effective three years after May 1, 1974 .

Subsec. (b)(10). Pub. L. 93–259, § 14, incorporated existing paragraph in provisions designated as subpar. (A), struck out from the list references to trailers and aircraft, inserted reference to implements, and added subpar. (B) incorporating references to trailers and aircraft.

Subsec. (b)(15). Pub. L. 93–259, § 20(a), struck out exemption provision respecting anyPub. L. 93–259, § 15(a), effective May 1, 1974 , inserted “and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed.” Pub. L. 93–259, § 15(b), effective one year after May 1, 1974 , substituted “forty-four hours” for “forty-eight hours.” Pub. L. 93–259, § 15(c), repealed par. (18) effective two years after May 1, 1974 .

Subsec. (b)(19). Pub. L. 93–259, § 16(a), effective one year after May 1, 1974 , substituted “forty-four hours” for “forty-eight hours”. Pub. L. 93–259, § 16(b), repealed par. (19), effective two years after May 1, 1974 .

Subsec. (b)(20). Pub. L. 93–259, § 6(c)(2)(A), added par. (20) effective May 1, 1974 . Pub. L. 93–259, § 6(c)(2)(B), effective Jan. 1, 1975 , made maximum hours provisions inapplicable during any workweek to anyPub. L. 93–259, § 7(b)(4), added par. (21).

Subsec. (b)(23). Pub. L. 93–259, § 10(b)(1), added par. (23), effective May 1, 1974 . Pub. L. 93–259, § 10(b)(2), substituted “forty-four hours” for “forty-eight hours” effective one year after May 1, 1974 . Pub. L. 93–259, § 10(b)(3), repealed par. (23) effective two years after May 1, 1974 .

Subsec. (b)(25). Pub. L. 93–259, § 20(b)(1), added par. (25) effective May 1, 1974 . Pub. L. 93–259, § 20(b)(2), effective Jan. 1, 1975 , substituted “sixty-six” for “seventy-two” in subpar. (A), “sixty” for “sixty-four” in subpar. (B), and “forty-six hours in any workweek for not more than two workweeks in that year, and” for “forty-eight hours in any other workweek in that year,” in subpar. (D), and added subpar. (E). Pub. L. 93–259, § 20(b)(3), effective Jan. 1, 1976 , substituted “sixty” for “sixty-six”, “fifty-six” for “sixty”, “forty-eight” for “fifty”, “forty-four” for “forty-six”, and “forty” for “forty-four”.

Subsec. (b)(26). Pub. L. 93–259, § 20(c)(1), added par. (26) effective May 1, 1974 . Pub. L. 93–259, § 20(c)(2), effective Jan. 1, 1975 , substituted “sixty-six” for “seventy-two” in subpar. (A), “sixty” for “sixty-four” in subpar. (B), and “forty-six hours in any workweek for not more than two workweeks in that year, and” for “forty-eight hours in any other workweek in that year,” in subpar. (D), and added subpar. (E). Pub. L. 93–259, § 20(c)(3), effective Jan. 1, 1976 , substituted “sixty” for “sixty-six”, “fifty-six” for “sixty”, “forty-eight” for “fifty”, “forty-four” for “forty-six”, and “forty” for “forty-four”.

Subsec. (c)(1). Pub. L. 93–259, § 25(b), amended par. (1) generally, striking out “with respect” after “shall not apply”, inserting “, if suchPub. L. 93–259, § 18, added subsec. (g).

1972—Subsec. (a). Pub. L. 92–318 inserted “(except subsection (d) in the case of paragraph (1) of this subsection)” after introductory text “sections 206”.

1966—Subsec. (a)(1). Pub. L. 89–601, § 214, inserted “(including anyPub. L. 89–601, § 201(a), revised the retail or service establishment exemption so as to exemptsection 203(s) of this title or the establishment has an annual dollar volume ofPub. L. 89–601, §§ 201(b)(2), 202, repealed par. (3) relating toPub. L. 89–601, § 203(a), limited the provisions exempting agriculturalPub. L. 89–601, § 215(c), extended coverage to includePub. L. 89–601, § 205, substituted “where published” for “where printed and published”.

Subsec. (a)(9). Pub. L. 89–601, §§ 206(a), 207, repealed par. (9) relating toPub. L. 89–601, §§ 204(a), 215(b)(1), repealed par. (10) relating tosection 207(d) of this title.

Subsec. (a)(11). Pub. L. 89–601, § 215(b)(1), redesignated par. (13) as (11). Former par. (11) redesignated (10).

Subsec. (a)(12). Pub. L. 89–601, §§ 206(b)(1), 215(b)(1), repealed par. (12) relating toPub. L. 89–601, §§ 208, 215(b)(1), redesignated par. (15) as (13) and substituted “eight” for “twelve”. Former par. (13) redesignated (11).

Subsec. (a)(14). Pub. L. 89–601, § 215(b), redesignated par. (21) as (14) and substituted a period for “; or” at end. Former par. (14) redesignated (12).

Subsec. (a)(15). Pub. L. 89–601, § 215(b)(1), redesignated par. (15) as (13).

Subsec. (a)(16). Pub. L. 89–601, § 203(b), repealed par. (16) relating to agriculturalPub. L. 89–601, § 204(a), repealed par. (17) relating to country elevator operators. See subsec. (b)(14) of this section.

Subsec. (a)(18). Pub. L. 89–601, § 204(a), repealed par. (18) relating to cotton ginningPub. L. 89–601, § 209(a), repealed par. (19) relating toPub. L. 89–601, § 210(a), repealed par. (20) relating toPub. L. 89–601, § 215(b)(1), redesignated par. (21) as (14).

Subsec. (a)(22). Pub. L. 89–601, § 204(a), repealed par. (22) relating to fruit and vegetable transportationPub. L. 89–670 substituted Pub. L. 89–601, § 206(c), narrowed the scope of the exemption from anyPub. L. 89–601, §§ 201(b)(1), 211, repealed par. (8) which namedsection 207 of this title shall not apply and enacted a new par. (8) providing that section 207 of this title shall not apply with respect to hotel, motel, or restaurantPub. L. 89–601, §§ 209(b), 212(a), repealed par. (10) which granted an unlimited overtime exemption relating to petroleum distributionPub. L. 89–601, §§ 203(c)(B), 204(b), 206(b)(2), 210(b), added pars. (12) to (19).

Subsec. (c). Pub. L. 89–601, § 203(d), inserted provision making section 212 of this title relating to child labor applicable to anPub. L. 89–601, § 213, inserted reference to Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.

1961—Subsec. (a)(1). Pub. L. 87–30, § 9, substituted “anyAdministrative Procedure Act” and exception provision for “anyPub. L. 87–30, § 9, inserted conditional provision, including subclauses (i) to (iv).

Subsec. (a)(5). Pub. L. 87–30, § 9, inserted “propagating” and “or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations” after “taking” and “life”, respectively, and substituted “loading and unloading when performed by any suchPub. L. 87–30, § 9, substituted Pub. L. 87–30, § 9, substituted “not in ansection 203(s)(2) of this title” for “not included in other exemptions contained in this section.”.

Subsec. (a)(10). Pub. L. 87–30, § 9, substituted Pub. L. 87–30, § 9, substituted “by an independently owned public telephone company” for “in a public telephone exchange”.

Subsec. (a)(13). Pub. L. 87–30, § 9, substituted “which qualifies as an exempt retail or service establishment under clause (2) of this subsection” for “as defined in clause (2) of this subsection”.

Subsec. (a)(14). Pub. L. 87–30, § 9, inserted “on a vessel other than anPub. L. 87–30, § 9, added pars. (16) to (22).

Subsec. (b)(4). Pub. L. 87–30, § 9, extended exemption to anyPub. L. 87–30, § 9, added pars. (6) to (11).

Subsec. (d). Pub. L. 87–30, § 10, extended the nonapplicability of sections 206, 207, and 212 of this title to any homeworker engaged in the making of evergreen wreaths.

1960—Subsec. (f). Pub. L. 86–624 struck out “Alaska; Hawaii;” before “Puerto Rico”.

1957—Subsec. (f). Pub. L. 85–231 added subsec. (f).

1956—Subsec. (e). Act Aug. 8, 1956 , added subsec. (b).

1949—Subsec. (a)(2). Act Oct. 26, 1949 , clarified exemption by defining term “retail or service establishment” and stated conditions under which exemption shall apply.

Subsec. (a)(6). Act Oct. 26, 1949 , added irrigation workers to the exemption.

Subsec. (a)(11). Act Oct. 26, 1949 , increased number of stations from, less than 500, to, not more than 750.

Subsec. (a)(12), (13). Act Oct. 26, 1949 , added pars. (12) and (13).

Subsec. (a)(14). Act Oct. 26, 1949 , redesignated par. (3) as (14).

Subsec. (a)(15). Act Oct. 26, 1949 , added par. (15).

Subsec. (b)(3) to (5). Act Oct. 26, 1949 , added pars. (3) to (5).

Subsec. (c). Act Oct. 26, 1949 , substituted “outside of school hours for the school district where suchOct. 26, 1949 , added par. (d).

1939—Subsec. (a)(11). Act Aug. 9, 1939 , added par. (11).

Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment

“This section [amending this section], and the amendments made by this section, shall take effect on the date of enactment of this Act [ Mar. 23, 2018 ].”

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–277 effective on the first day of the first pay period beginning on or after Jan. 1, 2016 , subject to certain exceptions, see section 2(i) of Pub. L. 113–277, set out as a note under section 5542 of Title 5, Government Organization and Effective Date of 1998 Amendment

“(1) In general.—

This Act [amending this section and enacting provisions set out as a note under section 201 of this title] shall become effective on the date of the enactment of this Act [ Oct. 31, 1998 ].

“(2) Exception.—

The amendment made by subsection (a) [amending this section] defining the term ‘occasional and incidental’ shall also apply to any case, action, citation, or appeal pending on the date of the enactment of this Act unless such case, action, citation, or appeal involves property damage or personal injury.”

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996 , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–329 effective on first day of first applicable pay period beginning on or after 30th day following Sept. 30, 1994 , with exceptions relating to criminal investigators employed in Offices of Inspectors General, see section 633(e) of Pub. L. 103–329, set out as an Effective Date note under section 5545a of Title 5, Government Organization and Effective Date of 1989 Amendment

Amendment by Pub. L. 101–157 effective Apr. 1, 1990 , see section 3(e) of Pub. L. 101–157, set out as a note under section 203 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Oct. 1, 1979 , see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

Effective Date of 1977 Amendment

Pub. L. 95–151, § 14(a), (b), Nov. 1, 1977 , 91 Stat. 1252, provided that the amendments made by subsecs. (a) and (b) of section 14 are effective Jan. 1, 1978 , and Jan. 1, 1979 , respectively.

Amendment by sections 4 to 7 of Pub. L. 95–151 effective Jan. 1, 1978 , see section 15(a) of Pub. L. 95–151, set out as a note under section 203 of this title.

Amendment by sections 8, 9(d), and 11 of Pub. L. 95–151 effective on Nov. 1, 1977 , see section 15(b) of Pub. L. 95–151, set out as a note under section 203 of this title.

Effective Date of 1974 Amendment

Pub. L. 93–259, § 6(c)(2)(B), Apr. 8, 1974 , 88 Stat. 61, provided that the amendment made by section 6(c)(2)(B) is effective Jan. 1, 1975 .

Pub. L. 93–259, § 8(a)–(c), Apr. 8, 1974 , 88 Stat. 62, provided that the amendments made by subsecs. (a), (b), and (c) of section 8 are effective Jan. 1, 1975 , 1976, and 1977, respectively.

Pub. L. 93–259, § 10(b)(2), (3), Apr. 8, 1974 , 88 Stat. 63, 64, provided that the amendment and repeal made by pars. (2) and (3) of section 10(b) are effective one year and two years after May 1, 1974 , respectively.

Pub. L. 93–259, § 11(b), (c), Apr. 8, 1974 , 88 Stat. 64, provided that the amendment and repeal made by subsecs. (b) and (c) of section 11 are effective one year and two years after May 1, 1974 , respectively.

Pub. L. 93–259, § 13(b)–(d), Apr. 8, 1974 , 88 Stat. 64, provided that the amendments made by subsecs. (b), (c), and (d) of section 13 are effective one year, two years, and three years after May 1, 1974 , respectively.

Pub. L. 93–259, § 15(b), (c), Apr. 8, 1974 , 88 Stat. 65, provided that the amendment and repeal made by subsecs. (b) and (c) of section 15 are effective one year and two years after May 1, 1974 , respectively.

Pub. L. 93–259, § 16(a), (b), Apr. 8, 1974 , 88 Stat. 65, provided that the amendment and repeal made by subsecs. (a) and (b) of section 16 are effective one year and two years after May 1, 1974 , respectively.

Pub. L. 93–259, § 20(b)(2), (3), Apr. 8, 1974 , 88 Stat. 67, provided that the amendments made by pars. (2) and (3) of section 20(b) are effective Jan. 1, 1975 , and 1976, respectively.

Pub. L. 93–259, § 20(c)(2), (3), Apr. 8, 1974 , 88 Stat. 67, 68, provided that the amendments made by pars. (2) and (3) of section 20(c) are effective Jan. 1, 1975 , and 1976, respectively.

Pub. L. 93–259, § 21(b)(2), (3), Apr. 8, 1974 , 88 Stat. 68, provided that the amendment and repeal made by pars. (2) and (3) of section 21(b) are effective one year and two years after May 1, 1974 , respectively.

Amendment by sections 6(c)(2)(A), 7(b)(3), (4), 9(b), 10(a), (b)(1), 11(a), 12(a), 13(a), 14, 15(a), 17, 18, 20(a), (b)(1), (c)(1), 21(b)(1), 22, 23, and 25(b) of 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 Amendments

Amendment by Pub. L. 89–670 effective Apr. 1, 1967 , as prescribed by President and published in Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967 , 32 F.R. 5453.

Amendment by Pub. L. 89–601 effective Feb. 1, 1967 , except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961 , except as otherwise provided, see section 14 of Pub. L. 87–30, set out as a note under section 203 of this title.

Effective Date of 1957 Amendment

“The amendments made by this Act [amending this section and sections 216 and 217 of this title] shall take effect upon the expiration of ninety days from the date of its enactment [ Aug. 30, 1957 ].”

Effective Date of 1949 Amendment

Amendment 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.

Exemptions for Apprentices and Student Learners

“Section 1 [amending this section] shall not be construed as affecting the exemption for apprentices and student learners published in section 570.63 of title 29, Code of Federal Regulations.”

Regulations Concerning Computer, Software, and Other Similarly Skilled Professionals

“Not later than 90 days after the date of enactment of this Act [ Nov. 15, 1990 ], theFair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). Such regulations shall provide that if such29 U.S.C. 206).”

Public Agency Employees in Fire Protection and Law Enforcement Activities; Studies in 1976 of 1975 Tours of Duty

Pub. L. 93–259, § 23(c), Apr. 8, 1974 , 88 Stat. 69, provided in part for amendment of subsec. (b)(2) of this section “insofar as it relates to pipeline 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.

Study of Agricultural Handling and Processing Exemptions and Rates of Pay in Exempt Food Service Enterprises

Transportation of Migrant Farm Workers

Act Aug. 3, 1956, ch. 905, § 3, 70 Stat. 958, provided that:

“Section 13(b)(1) of the Fair Labor Standards Act, as amended [subsec. (b)(1) of this section] shall not apply in the case of any Interstate Commerce Act [now 49 U.S.C. 31502].”

Executive Documents Transfer of Functions

Functions vested by law (including reorganization plans) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United July 1, 1970 , 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization andOffice of Management and Budget .