§ 202 TITLE 29—LABOR Page 54

1So in original. Probably should be preceded by ‘‘in’’.

of this title and enacting provisions set out as notes

under sections 204, 206, and 208 of this title] may be

cited as the ‘Fair Labor Standards Amendments of

1955’.’’

SHORT TITLE OF 1949 AMENDMENT

Act Oct. 26, 1949, ch. 736, §1, 63 Stat. 910, provided:

‘‘That this Act [enacting section 216b of this title,

amending sections 202 to 208, 211 to 216, and 217 of this

title, and repealing section 216a of this title] may be

cited as the ‘Fair Labor Standards Amendments of

1949’.’’

§ 202. Congressional finding and declaration of

policy

(a) The Congress finds that the existence, in

industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the

minimum standard of living necessary for

health, efficiency, and general well-being of

workers (1) causes commerce and the channels

and instrumentalities of commerce to be used to

spread and perpetuate such labor conditions

among the workers of the several States; (2) burdens commerce and the free flow of goods in

commerce; (3) constitutes an unfair method of

competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and

the free flow of goods in commerce; and (5)

interferes with the orderly and fair marketing of

goods in commerce. That Congress further finds

that the employment of persons in domestic

service in households affects commerce.

(b) It is declared to be the policy of this chapter, through the exercise by Congress of its

power to regulate commerce among the several

States and with foreign nations, to correct and

as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or

earning power.

(June 25, 1938, ch. 676, §2, 52 Stat. 1060; Oct. 26,

1949, ch. 736, §2, 63 Stat. 910; Pub. L. 93–259, §7(a),

Apr. 8, 1974, 88 Stat. 62.)

AMENDMENTS

1974—Subsec. (a). Pub. L. 93–259 inserted finding of

Congress that employment of persons in domestic service in households affects commerce.

1949—Subsec. (b). Act Oct. 26, 1949, inserted reference

to regulation of commerce with foreign nations.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 29(a) of Pub. L. 93–259 provided that: ‘‘Except

as otherwise specifically provided, the amendments

made by this Act [see Short Title of 1974 Amendment

note set out under section 201 of this title] shall take

effect on May 1, 1974.’’

EFFECTIVE DATE OF 1949 AMENDMENT

Section 16(a) of act Oct. 26, 1949, provided that: ‘‘The

amendments made by this Act [enacting section 216b of

this title, amending this section and sections 203 to 208,

211 to 216, and 217 of this title, and repealing section

216a of this title] shall take effect upon the expiration

of ninety days from the date of its enactment [Oct. 26,

1947]; except that the amendment made by section 4

[amending section 204 of this title] shall take effect on

the date of its enactment [Oct. 26, 1949].’’

RULES, REGULATIONS, AND ORDERS WITH REGARD TO

FAIR LABOR STANDARDS AMENDMENTS OF 1974

Section 29(b) of Pub. L. 93–259 provided that: ‘‘Notwithstanding subsection (a) [set out as an Effective

Date of 1974 Amendment note above], on and after the

date of the enactment of this Act [Apr. 8, 1974] the Secretary of Labor is authorized to prescribe necessary

rules, regulations, and orders with regard to the

amendments made by this Act [see Short Title of 1974

Amendment note set out under section 201 of this

title].’’

§ 203. Definitions

As used in this chapter—

(a) ‘‘Person’’ means an individual, partnership,

association, corporation, business trust, legal

representative, or any organized group of persons.

(b) ‘‘Commerce’’ means trade, commerce,

transportation, transmission, or communication

among the several States or between any State

and any place outside thereof.

(c) ‘‘State’’ means any State of the United

States or the District of Columbia or any Territory or possession of the United States.

(d) ‘‘Employer’’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a

public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.

(e)(1) Except as provided in paragraphs (2), (3),

and (4), the term ‘‘employee’’ means any individual employed by an employer.

(2) In the case of an individual employed by a

public agency, such term means—

(A) any individual employed by the Government of the United States—

(i) as a civilian in the military departments (as defined in section 102 of title 5),

(ii) in any executive agency (as defined in

section 105 of such title),

(iii) in any unit of the judicial branch of

the Government which has positions in the

competitive service,

(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed

Forces,

(v) in the Library of Congress, or

(vi) the 1 Government Printing Office;

(B) any individual employed by the United

States Postal Service or the Postal Rate Commission; and

(C) any individual employed by a State, political subdivision of a State, or an interstate

governmental agency, other than such an individual—

(i) who is not subject to the civil service

laws of the State, political subdivision, or

agency which employes him; and

(ii) who—

(I) holds a public elective office of that

State, political subdivision, or agency,

(II) is selected by the holder of such an

office to be a member of his personal staff,

(III) is appointed by such an officeholder

to serve on a policymaking level,

(IV) is an immediate adviser to such an

officeholder with respect to the constitutional or legal powers of his office, or

(V) is an employee in the legislative

branch or legislative body of that State,