29 U.S. Code § 207 - Maximum hours | U.S. Code | US Law | LII / Legal Information Institute

29 U.S. Code § 207 - Maximum hours | U.S. Code | US Law | LII / Legal Information Institute
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29 U.S. Code § 207 - Maximum hours
U.S. Code
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Authorities (CFR)
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(a)
Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions
(1)
Except as otherwise provided in this section, no
employer
shall
employ
any of his
employees
who in any workweek is engaged in
commerce
or in the production of
goods
for
commerce
, or is employed in an
enterprise engaged in commerce or in the production of goods for commerce
, for a workweek longer than forty hours unless such
employee
receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(2)
No
employer
shall
employ
any of his
employees
who in any workweek is engaged in
commerce
or in the production of
goods
for
commerce
, or is employed in an
enterprise engaged in commerce or in the production of goods for commerce
, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the
Fair Labor Standards Amendments of 1966
(A)
for a workweek longer than forty-four hours during the first year from the effective date of the
Fair Labor Standards Amendments of 1966
(B)
for a workweek longer than forty-two hours during the second year from such date, or
(C)
for a workweek longer than forty hours after the expiration of the second year from such date,
unless such
employee
receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(b)
Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products
No
employer
shall be deemed to have violated subsection (a) by employing any
employee
for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such
employee
is so employed—
(1)
in pursuance of an agreement, made as a result of collective bargaining by representatives of
employees
certified as bona fide by the
National Labor Relations Board
, which provides that no
employee
shall be employed more than one thousand and forty hours during any period of twenty-six consecutive weeks; or
(2)
in pursuance of an agreement, made as a result of collective bargaining by representatives of
employees
certified as bona fide by the
National Labor Relations Board
, which provides that during a specified period of fifty-two consecutive weeks the
employee
shall be employed not more than two thousand two hundred and forty hours and shall be guaranteed not less than one thousand eight hundred and forty-hours (or not less than forty-six weeks at the normal number of hours worked per week, but not less than thirty hours per week) and not more than two thousand and eighty hours of employment for which he shall receive compensation for all hours guaranteed or worked at rates not less than those applicable under the agreement to the work performed and for all hours in excess of the guaranty which are also in excess of the maximum workweek applicable to such
employee
under subsection (a) or two thousand and eighty in such period at rates not less than one and one-half times the regular rate at which he is employed; or
(3)
by an independently owned and controlled local
enterprise
(including an
enterprise
with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if—
(A)
the annual gross volume of
sales
of such
enterprise
is less than $1,000,000 exclusive of excise taxes,
(B)
more than 75 per centum of such
enterprise
’s annual dollar volume of
sales
is made within the
State
in which such
enterprise
is located, and
(C)
not more than 25 per centum of the annual dollar volume of
sales
of such
enterprise
is to customers who are engaged in the bulk distribution of such products for resale,
and such
employee
receives compensation for employment in excess of forty hours in any workweek at a rate not less than one and one-half times the minimum
wage
rate applicable to him under
section 206 of this title
and if such
employee
receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed.
(c)
, (d) Repealed.
Pub. L. 93–259, § 19(e)
Apr. 8, 1974
88 Stat. 66
(e)
“Regular rate” defined
As used in this section the “regular rate” at which an
employee
is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the
employee
, but shall not be deemed to include—
(1)
sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency;
(2)
payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the
employer
to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an
employee
in the furtherance of his
employer
’s interests and properly reimbursable by the
employer
; and other similar payments to an
employee
which are not made as compensation for his hours of employment;
(3)
Sums
[1]
paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the
employer
at or near the end of the period and not pursuant to any prior contract, agreement, or promise causing the
employee
to expect such payments regularly; or (b) the payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the
Administrator
set forth in appropriate regulations which he shall issue, having due regard among other relevant factors, to the extent to which the amounts paid to the
employee
are determined without regard to hours of work, production, or efficiency; or (c) the payments are talent fees (as such talent fees are defined and delimited by regulations of the
Administrator)
paid to performers, including announcers, on radio and television programs;
(4)
contributions irrevocably made by an
employer
to a trustee or third
person
pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for
employees;
(5)
extra compensation provided by a premium rate paid for certain hours worked by the
employee
in any day or workweek because such hours are hours worked in excess of eight in a day or in excess of the maximum workweek applicable to such
employee
under subsection (a) or in excess of the
employee
’s normal working hours or regular working hours, as the case may be;
(6)
extra compensation provided by a premium rate paid for work by the
employee
on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the workweek, where such premium rate is not less than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days;
(7)
extra compensation provided by a premium rate paid to the
employee
, in pursuance of an applicable employment contract or collective-bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal, or regular workday (not exceeding eight hours) or workweek (not exceeding the maximum workweek applicable to such
employee
under subsection (a),
[2]
where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or workweek; or
(8)
any value or income derived from
employer
-provided grants or rights provided pursuant to a stock option, stock appreciation right, or bona fide
employee
stock purchase program which is not otherwise excludable under any of paragraphs (1) through (7) if—
(A)
grants are made pursuant to a program, the terms and conditions of which are communicated to participating
employees
either at the beginning of the
employee
’s participation in the program or at the time of the grant;
(B)
in the case of stock options and stock appreciation rights, the grant or right cannot be exercisable for a period of at least 6 months after the time of grant (except that grants or rights may become exercisable because of an
employee
’s death, disability, retirement, or a change in corporate ownership, or other circumstances permitted by regulation), and the exercise price is at least 85 percent of the fair market value of the stock at the time of grant;
(C)
exercise of any grant or right is voluntary; and
(D)
any determinations regarding the award of, and the amount of,
employer
-provided grants or rights that are based on performance are—
(i)
made based upon meeting previously established performance criteria (which may include hours of work, efficiency, or productivity) of any business unit consisting of at least 10
employees
or of a facility, except that, any determinations may be based on length of service or minimum schedule of hours or days of work; or
(ii)
made based upon the past performance (which may include any criteria) of one or more
employees
in a given period so long as the determination is in the sole discretion of the
employer
and not pursuant to any prior contract.
(f)
Employment necessitating irregular hours of work
No
employer
shall be deemed to have violated subsection (a) by employing any
employee
for a workweek in excess of the maximum workweek applicable to such
employee
under subsection (a) if such
employee
is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of
employees,
if the duties of such
employee
necessitate irregular hours of work, and the contract or agreement (1) specifies a regular rate of pay of not less than the minimum hourly rate provided in subsection (a) or (b) of
section 206 of this title
(whichever may be applicable) and compensation at not less than one and one-half times such rate for all hours worked in excess of such maximum workweek, and (2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified.
(g)
Employment at piece rates
No
employer
shall be deemed to have violated subsection (a) by employing any
employee
for a workweek in excess of the maximum workweek applicable to such
employee
under such subsection if, pursuant to an agreement or understanding arrived at between the
employer
and the
employee
before performance of the work, the amount paid to the
employee
for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such
employee
under such subsection—
(1)
in the case of an
employee
employed at piece rates, is computed at piece rates not less than one and one-half times the bona fide piece rates applicable to the same work when performed during nonovertime hours; or
(2)
in the case of an
employee
performing two or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than one and one-half times such bona fide rates applicable to the same work when performed during nonovertime hours; or
(3)
is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing
overtime compensation
thereunder: Provided, That the rate so established shall be authorized by regulation by the
Administrator
as being substantially equivalent to the average hourly earnings of the
employee,
exclusive of overtime premiums, in the particular work over a representative period of time;
and if (i) the
employee
’s average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of subsection (e) are not less than the minimum hourly rate required by applicable law, and (ii) extra
overtime compensation
is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.
(h)
Credit toward minimum wage or overtime compensation of amounts excluded from regular rate
(1)
Except as provided in paragraph (2), sums excluded from the regular rate pursuant to subsection (e) shall not be creditable toward
wages
required under
section 206 of this title
or
overtime compensation
required under this section.
(2)
Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection (e) shall be creditable toward
overtime compensation
payable pursuant to this section.
(i)
Employment by retail or service establishment
No
employer
shall be deemed to have violated subsection (a) by employing any
employee
of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such
employee
is in excess of one and one-half times the minimum hourly rate applicable to him under
section 206 of this title
, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on
goods
or services. 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.
(j)
Employment in hospital or establishment engaged in care of sick, aged, or mentally ill
No
employer
engaged in the operation of a hospital or 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 shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the
employer
and the
employee
before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the
employee
receives compensation at a rate not less than one and one-half times the regular rate at which he is employed.
(k)
Employment by public agency engaged in fire protection or law enforcement activities
No
public agency
shall be deemed to have violated subsection (a) with respect to the employment of any
employee in fire protection activities
or any
employee
in law enforcement activities (including security personnel in correctional institutions) if—
(1)
in a work period of 28 consecutive days the
employee
receives for tours of duty which in the aggregate 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; or
(2)
in the case of such an
employee
to whom a work period of at least 7 but less than 28 days applies, in his work period the
employee
receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days,
compensation at a rate not less than one and one-half times the regular rate at which he is employed.
(l)
Employment in domestic service in one or more households
No
employer
shall
employ
any
employee
in domestic service in one or more households for a workweek longer than forty hours unless such
employee
receives compensation for such employment in accordance with subsection (a).
(m)
Employment in tobacco industry
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any
employer
may
employ
any
employee
for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such
employee—
(1)
is employed by such
employer
(A)
to provide services (including stripping and grading) necessary and incidental to the
sale
at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 (as such types are defined by the
Secretary
of
Agriculture
), or in auction
sale,
buying, handling, stemming, redrying, packing, and storing of such tobacco,
(B)
in auction
sale
, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the
Secretary
of
Agriculture
), or
(C)
in auction
sale
, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the
Secretary
of
Agriculture
); and
(2)
receives for—
(A)
such employment by such
employer
which is in excess of ten hours in any workday, and
(B)
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.
An
employer
who receives an exemption under this subsection shall not be eligible for any other exemption under this section.
(n)
Employment by street, suburban, or interurban electric railway, or local trolley or motorbus carrier
In the case of an
employee
of an
employer
engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), in determining the hours of employment of such an
employee
to which the rate prescribed by subsection (a) applies there shall be excluded the hours such
employee
was employed in charter activities by such
employer
if (1) the
employee’
s employment in such activities was pursuant to an agreement or understanding with his
employer
arrived at before engaging in such employment, and (2) if employment in such activities is not part of such
employee’
s regular employment.
(o)
Compensatory time
(1)
Employees
of a
public agency
which is a
State,
a political subdivision of a
State,
or an interstate governmental agency may receive, in accordance with this subsection and in lieu of
overtime compensation
compensatory time off
at a rate not less than one and one-half hours for each hour of employment for which
overtime compensation
is required by this section.
(2)
public agency
may provide
compensatory time
under paragraph (1) only—
(A)
pursuant to—
(i)
applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the
public agency
and representatives of such
employees;
or
(ii)
in the case of
employees
not covered by subclause (i), an agreement or understanding arrived at between the
employer
and
employee
before the performance of the work; and
(B)
if the
employee
has not accrued
compensatory time
in excess of the limit applicable to the
employee
prescribed by paragraph (3).
In the case of
employees
described in clause (A)(ii) hired prior to
April 15, 1986
, the regular practice in effect on
April 15, 1986
, with respect to
compensatory time off
for such
employees
in lieu of the receipt of
overtime compensation,
shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision of
compensatory time off
to such
employees
for hours worked after
April 14, 1986
, shall be in accordance with this subsection.
(3)
(A)
If the work of an
employee
for which
compensatory time
may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the
employee
engaged in such work may accrue not more than 480 hours of
compensatory time
for hours worked after
April 15, 1986
. If such work was any other work, the
employee
engaged in such work may accrue not more than 240 hours of
compensatory time
for hours worked after
April 15, 1986
. Any such
employee
who, after
April 15, 1986
, has accrued 480 or 240 hours, as the case may be, of
compensatory time off
shall, for additional overtime hours of work, be paid
overtime compensation.
(B)
If compensation is paid to an
employee
for accrued
compensatory time off
, such compensation shall be paid at the regular rate earned by the
employee
at the time the
employee
receives such payment.
(4)
An
employee
who has accrued
compensatory time off
authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused
compensatory time
at a rate of compensation not less than—
(A)
the average regular rate received by such
employee
during the last 3 years of the
employee
’s employment, or
(B)
the final regular rate received by such
employee
whichever is higher
[3]
(5)
An
employee
of a
public agency
which is a
State,
political subdivision of a
State,
or an interstate governmental agency—
(A)
who has accrued
compensatory time off
authorized to be provided under paragraph (1), and
(B)
who has requested the use of such
compensatory time
shall be permitted by the
employee
’s
employer
to use such time within a reasonable period after making the request if the use of the
compensatory time
does not unduly disrupt the operations of the
public agency.
(6)
The hours an
employee
of a
public agency
performs court reporting transcript preparation duties shall not be considered as hours worked for the purposes of subsection (a) if—
(A)
such
employee
is paid at a per-page rate which is not less than—
(i)
the maximum rate established by
State
law or local ordinance for the jurisdiction of such
public agency
(ii)
the maximum rate otherwise established by a judicial or administrative officer and in effect on
July 1, 1995
, or
(iii)
the rate freely negotiated between the
employee
and the party requesting the transcript, other than the judge who presided over the proceedings being transcribed, and
(B)
the hours spent performing such duties are outside of the hours such
employee
performs other work (including hours for which the agency requires the
employee
’s attendance) pursuant to the employment relationship with such
public agency
For purposes of this section, the amount paid such
employee
in accordance with subparagraph (A) for the performance of court reporting transcript preparation duties, shall not be considered in the calculation of the regular rate at which such
employee
is employed.
(7)
For purposes of this subsection—
(A)
the term “
overtime compensation
” means the compensation required by subsection (a), and
(B)
the terms “
compensatory time
” and “
compensatory time off
” mean hours during which an
employee
is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of
overtime compensation,
and for which the
employee
is compensated at the
employee’
s regular rate.
(p)
Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution
(1)
If an individual who is employed by a
State
, political subdivision of a
State
, or an interstate governmental agency in fire protection or law enforcement activities (including activities of security personnel in correctional institutions) and who, solely at such individual’s option, agrees to be employed on a special detail by a separate or independent
employer
in fire protection, law enforcement, or related activities, the hours such individual was employed by such separate and independent
employer
shall be excluded by the
public agency
employing such individual in the calculation of the hours for which the
employee
is entitled to
overtime compensation
under this section if the
public agency—
(A)
requires that its
employees
engaged in fire protection, law enforcement, or security activities be hired by a separate and independent
employer
to perform the special detail,
(B)
facilitates the employment of such
employees
by a separate and independent
employer
, or
(C)
otherwise affects the condition of employment of such
employees
by a separate and independent
employer
(2)
If an
employee
of a
public agency
which is a
State,
political subdivision of a
State,
or an interstate governmental agency undertakes, on an occasional or sporadic basis and solely at the
employee’
s option, part-time employment for the
public agency
which is in a different capacity from any capacity in which the
employee
is regularly employed with the
public agency
, the hours such
employee
was employed in performing the different employment shall be excluded by the
public agency
in the calculation of the hours for which the
employee
is entitled to
overtime compensation
under this section.
(3)
If an individual who is employed in any capacity by a
public agency
which is a
State,
political subdivision of a
State,
or an interstate governmental agency, agrees, with the approval of the
public agency
and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such
employee
worked as a substitute shall be excluded by the
public agency
in the calculation of the hours for which the
employee
is entitled to
overtime compensation
under this section.
(q)
Maximum hour exemption for employees receiving remedial education
Any
employer
may
employ
any
employee
for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the
employee
is receiving remedial education that is—
(1)
provided to
employees
who lack a high school diploma or educational attainment at the eighth grade level;
(2)
designed to provide reading and other basic skills at an eighth grade level or below; and
(3)
does not include job specific training.
(June 25, 1938, ch. 676, § 7,
52 Stat. 1063
; Oct. 29, 1941, ch. 461,
55 Stat. 756
; July 20, 1949, ch. 352, § 1,
63 Stat. 446
; Oct. 26, 1949, ch. 736, § 7,
63 Stat. 912
Pub. L. 87–30, § 6
May 5, 1961
75 Stat. 69
Pub. L. 89–601, title II
, §§ 204(c), (d), 212(b), title IV, §§ 401–403,
Sept. 23, 1966
80 Stat. 835–837
, 841, 842;
Pub. L. 93–259
, §§ 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
, §§ 2(a), 3(a)–(c)(1),
Nov. 13, 1985
99 Stat. 787
, 789;
Pub. L. 101–157, § 7
Nov. 17, 1989
103 Stat. 944
Pub. L. 104–26, § 2
Sept. 6, 1995
109 Stat. 264
Pub. L. 106–202, § 2(a)
, (b),
May 18, 2000
114 Stat. 308
, 309;
Pub. L. 111–148, title IV, § 4207
Mar. 23, 2010
124 Stat. 577
Pub. L. 117–328, div. KK, § 102(a)(1)
Dec. 29, 2022
136 Stat. 6093
.)
[1]
So in original. Probably should not be capitalized.
[2]
So in original. The comma probably should be preceded by a closing parenthesis.
[3]
So in original. Probably should be followed by a period.
Editorial Notes
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, § 6(c)(3)
Apr. 8, 1974
88 Stat. 61
, which is set out as a note under
section 213 of this title
Amendments
2022—Subsec. (r).
Pub. L. 117–328
struck out subsec. (r) which related to reasonable break time for nursing mothers.
2010—Subsec. (r).
Pub. L. 111–148
added subsec. (r).
2000—Subsec. (e)(8).
Pub. L. 106–202, § 2(a)
, added par. (8).
Subsec. (h).
Pub. L. 106–202, § 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, § 2(a)
, added subsec. (o).
Subsec. (p).
Pub. L. 99–150, § 3(a)
–(c)(1), added subsec. (p).
1974—Subsec. (c).
Pub. L. 93–259, § 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, § 19(c)
, substituted “five workweeks” for “seven workweeks” and “seven workweeks” for “ten workweeks” effective
Jan. 1, 1975
Pub. L. 93–259, § 19(d)
, substituted “three workweeks” for “five workweeks” and “five workweeks” for “seven workweeks” effective
Jan. 1, 1976
Pub. L. 93–259, § 19(e)
, repealed subsec. (c) effective
Dec. 31, 1976
Subsec. (d).
Pub. L. 93–259, § 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, § 19(c)
, substituted “five workweeks” for “seven workweeks” and “seven workweeks” for “ten workweeks” effective
Jan. 1, 1975
Pub. L. 93–259, § 19(d)
, substituted “three workweeks” for “five workweeks” and “five workweeks” for “seven workweeks” effective
Jan. 1, 1976
Pub. L. 93–259, § 19(e)
, repealed subsec. (d) effective
Dec. 31, 1976
Subsec. (j).
Pub. L. 93–259, § 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, § 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, § 6(c)(1)(C)
, substituted “216 hours” for “232 hours”, wherever appearing, effective
Jan. 1, 1977
Pub. L. 93–259, § 6(c)(1)(B)
, substituted “232 hours” for “240 hours”, wherever appearing, effective
Jan. 1, 1976
Pub. L. 93–259, § 6(c)(1)(A)
, added subsec. (k), effective
Jan. 1, 1975
Subsec. (l).
Pub. L. 93–259, § 7(b)(2)
, added subsec. (l).
Subsec. (m).
Pub. L. 93–259, § 9(a)
, added subsec. (m).
Subsec. (n).
Pub. L. 93–259, § 21(a)
, added subsec. (n).
1966—Subsec. (a).
Pub. L. 89–601, § 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, § 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, § 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, § 204(c)
, added subsec. (d). Former subsec. (d) redesignated (e).
Subsecs. (e), (f).
Pub. L. 89–601, § 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, § 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
, §§ 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, § 403
, added subsec. (j).
1961—Subsec. (a).
Pub. L. 87–30, § 6(a)
, designated existing provisions as par. (1), inserted “in any workweek”, and added par. (2).
Subsec. (b)(2).
Pub. L. 87–30, § 6(b)
, substituted “in excess of the maximum workweek applicable to such
employee
under subsection (a)” for “in excess of forty hours in the workweek”.
Subsec. (d)(5), (7).
Pub. L. 87–30, § 6(c)
, (d), substituted “in excess of the maximum workweek applicable to such
employee
under subsection (a)” for “forty in a workweek” in par. (5) and “the maximum workweek applicable to such
employee
under subsection (a)” for “forty hours” in par. (7).
Subsec. (e).
Pub. L. 87–30, § 6(e)
, substituted “the maximum workweek applicable to such
employee
under subsection (a)”, “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, § 6(f)
, substituted “the maximum workweek applicable to such
employee
under subsection” for “forty hours” in two places.
Subsec. (h).
Pub. L. 87–30, § 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 1½ 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
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. KK, § 103(a)
Dec. 29, 2022
136 Stat. 6096
, provided that:
“The amendments made by
section 102(a)
[enacting
section 218d of this title
and amending this section] shall take effect on the date of enactment of this Act [
Dec. 29, 2022
].”
Effective Date of 2000 Amendment
Pub. L. 106–202, § 2(c)
May 18, 2000
114 Stat. 309
, provided that:
“The amendments made by this section [amending this section] shall take effect on the date that is 90 days after the date of enactment of this Act [
May 18, 2000
].”
Effective Date of 1995 Amendment
Pub. L. 104–26, § 3
Sept. 6, 1995
109 Stat. 265
, provided that:
“The amendments made by section 2 [amending this section] shall apply after the date of the enactment of this Act [
Sept. 6, 1995
] and with respect to actions brought in a court after the date of the enactment of this Act.”
Effective Date of 1985 Amendment
Amendment by
Pub. L. 99–150
effective
Apr. 15, 1986
, see
section 6 of Pub. L. 99–150
, set out as a note under
section 203 of this title
Effective Date of 1974 Amendment
Pub. L. 93–259, § 6(c)(1)(A)
–(D),
Apr. 8, 1974
88 Stat. 60
, provided that the amendments made by that section are effective
Jan. 1, 1975
, 1976, 1977, and 1978, respectively.
Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a) 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
Pub. L. 93–259, § 19(c)
–(e),
Apr. 8, 1974
88 Stat. 66
, provided that the amendments and repeals made by subsecs. (c), (d), and (e) of section 19 are effective
Jan. 1, 1975
Jan. 1, 1976
, and
Dec. 31, 1976
, respectively.
Effective Date of 1966 Amendment
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 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
Regulations
Pub. L. 106–202, § 2(e)
May 18, 2000
114 Stat. 309
, provided that:
“The
Secretary
of Labor may promulgate such regulations as may be necessary to carry out the amendments made by this Act [amending this section].”
Applicability; Liability of Employers
Pub. L. 110–244, title III, § 306
June 6, 2008
122 Stat. 1620
, provided that:
“(a)
Applicability Following This Act.—
Beginning on the date of enactment of this Act [
June 6, 2008
], section 7 of the
Fair Labor Standards Act of 1938
29 U.S.C. 207
) shall apply to a covered
employee
notwithstanding section 13(b)(1) of that Act (
29 U.S.C. 213(b)(1)
).
“(b)
Liability Limitation Following SAFETEA–LU.—
“(1)
Limitation on liability.—
An
employer
shall not be liable for a violation of section 7 of the
Fair Labor Standards Act of 1938
29 U.S.C. 207
) with respect to a covered
employee
if—
“(A)
the violation occurred in the 1-year period beginning on
August 10, 2005
; and
“(B)
as of the date of the violation, the
employer
did not have actual knowledge that the
employer
was subject to the requirements of such section with respect to the covered
employee.
“(2)
Actions to recover amounts previously paid.—
Nothing in paragraph (1) shall be construed to establish a cause of action for an
employer
to recover amounts paid before the date of enactment of this Act [
June 6, 2008
] in settlement of, in compromise of, or pursuant to a judgment rendered regarding a claim or potential claim based on an alleged or proven violation of section 7 of the
Fair Labor Standards Act of 1938
29 U.S.C. 207
) occurring in the 1-year period referred to in paragraph (1)(A) with respect to a covered
employee.
“(c)
Covered Employee Defined.—
In this section, the term ‘covered
employee
’ means an individual—
“(1)
who is employed by a motor carrier or motor private carrier (as such terms are defined by
section 13102 of title 49
, United
States
Code, as amended by section 305);
“(2)
whose work, in whole or in part, is defined—
“(A)
as that of a driver, driver’s helper, loader, or mechanic; and
“(B)
as affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign
commerce
, except vehicles—
“(i)
designed or used to transport more than 8 passengers (including the driver) for compensation;
“(ii)
designed or used to transport more than 15 passengers (including the driver) and not used to transport passengers for compensation; or
“(iii)
used in transporting material found by the
Secretary
of Transportation to be hazardous under
section 5103 of title 49
, United
States
Code, and transported in a quantity requiring placarding under regulations prescribed by the
Secretary
under
section 5103 of title 49
, United
States
Code; and
“(3)
who performs duties on motor vehicles weighing 10,000 pounds or less.”
Liability of Employers
Pub. L. 106–202, § 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).”
Compensatory Time; Collective Bargaining Agreements in Effect on
April 15, 1986
Pub. L. 99–150, § 2(b)
Nov. 13, 1985
99 Stat. 788
, provided that:
“A collective bargaining agreement which is in effect on
April 15, 1986
, and which permits
compensatory time off
in lieu of
overtime compensation
shall remain in effect until its expiration date unless otherwise modified, except that
compensatory time
shall be provided after
April 14, 1986
, in accordance with section 7(
) of the
Fair Labor Standards Act of 1938
(as added by subsection (a)) [
29 U.S.C. 207
)].”
Deferment of Monetary Overtime Compensation
Pub. L. 99–150, § 2(c)(2)
Nov. 13, 1985
99 Stat. 789
, provided that a
State,
political subdivision of a
State,
or interstate governmental agency could defer until
Aug. 1, 1986
, the payment of monetary
overtime compensation
under this section for hours worked after
Apr. 14, 1986
Effect of Amendments by
Public Law 99–150
on
Public Agency
Liability Respecting any
Employee
Covered Under Special Enforcement Policy
Amendment by
Pub. L. 99–150
not to affect liability of certain public agencies under
section 216 of this title
for violation of this section occurring before
Apr. 15, 1986
, see
section 7 of Pub. L. 99–150
, set out as a note under
section 216 of this title
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 by Secretary of Labor of Excessive Overtime
Pub. L. 89–601, title VI, § 603
Sept. 23, 1966
80 Stat. 844
, directed
Secretary
of Labor to make a complete study of practices dealing with overtime payments for work in excess of forty hours per week and the extent to which such overtime work impeded the creation of new job opportunities in American
industry
and instructed him to report to the
Congress
by
July 1, 1967
, the findings of such survey with appropriate recommendations.
Definition of “Administrator”
The term “
Administrator
” as meaning the
Administrator
of the
Wage
and Hour Division, see
section 204 of this title
Executive Documents
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, §§ 1, 2, 15 F.R.
3174
64 Stat. 1263
, set out in the
Appendix to Title 5
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.
CFR Title
Parts
29
42
510
516
525
547
548
549
550
553
570
775
776
778
779
780
782
783
784
785
786
788
789
790
791
793
794
1620
1621
1695
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