§ 206 TITLE 29—LABOR Page 62

(June 25, 1938, ch. 676, §5, 52 Stat. 1062; June 26,

1940, ch. 432, §3(c), 54 Stat. 615; Oct. 26, 1949, ch.

736, §5, 63 Stat. 911; Aug. 12, 1955, ch. 867, §5(a),

69 Stat. 711; Pub. L. 87–30, §4, May 5, 1961, 75

Stat. 67; Pub. L. 93–259, §5(a), Apr. 8, 1974, 88

Stat. 56; Pub. L. 101–157, §4(a), Nov. 17, 1989, 103

Stat. 939.)

AMENDMENTS

1989—Pub. L. 101–157, §4(a)(4), substituted ‘‘American

Samoa’’ for ‘‘Puerto Rico and the Virgin Islands’’ in

section catchline.

Subsec. (a). Pub. L. 101–157, §4(a)(1), (2), substituted

‘‘American Samoa engaged’’ for ‘‘Puerto Rico or the

Virgin Islands, or in Puerto Rico and the Virgin Islands, engaged’’, ‘‘American Samoa where’’ for ‘‘such

island or islands where’’, and ‘‘American Samoa.’’ for

‘‘Puerto Rico and the Virgin Islands.’’

Subsec. (e). Pub. L. 101–157, §4(a)(3), struck out subsec. (e) which related to the application of sections 206

and 208 to employees in Puerto Rico or the Virgin Islands.

1974—Subsec. (e). Pub. L. 93–259 added subsec. (e).

1961—Subsec. (a). Pub. L. 87–30 inserted ‘‘or employed

in any enterprise engaged in commerce or in the production of goods for commerce’’ after ‘‘production of

goods for commerce’’ in two places.

1955—Subsec. (a). Act Aug. 12, 1955, struck out provisions which subjected the Administrator to provisions

of section 208 of this title in determination of minimum

rates of wages and classifications.

1949—Act Oct. 26, 1949, amended section generally,

making it applicable only to Puerto Rico and the Virgin Islands.

1940—Subsec. (e). Joint Res. June 26, 1940, added subsec. (e).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by 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 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.

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.

DEFINITION OF ‘‘ADMINISTRATOR’’

The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 208 of this

title.

§ 206. Minimum wage

(a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on

American vessels; agricultural employees

Every employer shall pay to each 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, wages at the following rates:

(1) except as otherwise provided in this section, not less than $4.25 an hour during the period ending on September 30, 1996, not less

than $4.75 an hour during the year beginning

on October 1, 1996, and not less than $5.15 an

hour beginning September 1, 1997;

(2) if such employee is a home worker in

Puerto Rico or the Virgin Islands, not less

than the minimum piece rate prescribed by

regulation or order; or, if no such minimum

piece rate is in effect, any piece rate adopted

by such employer which shall yield, to the

proportion or class of employees prescribed by

regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall

be commensurate with, and shall be paid in

lieu of, the minimum hourly wage rate applicable under the provisions of this section. The

Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate

to carry out any of the provisions of this paragraph, including the power without limiting

the generality of the foregoing, to define any

operation or occupation which is performed by

such home work employees in Puerto Rico or

the Virgin Islands; to establish minimum

piece rates for any operation or occupation so

defined; to prescribe the method and procedure

for ascertaining and promulgating minimum

piece rates; to prescribe standards for employer piece rates, including the proportion or

class of employees who shall receive not less

than the minimum hourly wage rate; to define

the term ‘‘home worker’’; and to prescribe the

conditions under which employers, agents,

contractors, and subcontractors shall cause

goods to be produced by home workers;

(3) if such employee is employed in American Samoa, in lieu of the rate or rates provided by this subsection or subsection (b) of

this section, not less than the applicable rate

established by the Secretary of Labor in accordance with recommendations of a special

industry committee or committees which he

shall appoint pursuant to sections 205 and 208

of this title. The minimum wage rate thus established shall not exceed the rate prescribed

in paragraph (1) of this subsection;

(4) if such employee is employed as a seaman

on an American vessel, not less than the rate

which will provide to the employee, for the period covered by the wage payment, wages

equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for

all hours during such period when he was actually on duty (including periods aboard ship

when the employee was on watch or was, at
Page 63 TITLE 29—LABOR § 206

the direction of a superior officer, performing

work or standing by, but not including offduty periods which are provided pursuant to

the employment agreement); or

(5) if such employee is employed in agriculture, not less than the minimum wage rate

in effect under paragraph (1) after December

31, 1977.

(b) Additional applicability to employees pursuant to subsequent amendatory provisions

Every employer shall pay to each of his employees (other than an employee to whom subsection (a)(5) of this section applies) 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 section by the amendments made to this

chapter by the Fair Labor Standards Amendments of 1966; title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or the Fair

Labor Standards Amendments of 1974, wages at

the following rate: Effective after December 31,

1977, not less than the minimum wage rate in effect under subsection (a)(1) of this section.

(c) Repealed. Pub. L. 104–188, [title II], § 2104(c),

Aug. 20, 1996, 110 Stat. 1929

(d) Prohibition of sex discrimination

(1) No employer having employees subject to

any provisions of this section shall discriminate,

within any establishment in which such employees are employed, between employees on the

basis of sex by paying wages to employees in

such establishment at a rate less than the rate

at which he pays wages to employees of the opposite sex in such establishment for equal work

on jobs the performance of which requires equal

skill, effort, and responsibility, and which are

performed under similar working conditions, except where such payment is made pursuant to (i)

a seniority system; (ii) a merit system; (iii) a

system which measures earnings by quantity or

quality of production; or (iv) a differential based

on any other factor other than sex: Provided,

That an employer who is paying a wage rate differential in violation of this subsection shall

not, in order to comply with the provisions of

this subsection, reduce the wage rate of any employee.

(2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section

shall cause or attempt to cause such an employer to discriminate against an employee in

violation of paragraph (1) of this subsection.

(3) For purposes of administration and enforcement, any amounts owing to any employee

which have been withheld in violation of this

subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation

under this chapter.

(4) As used in this subsection, the term ‘‘labor

organization’’ means any organization of any

kind, or any agency or employee representation

committee or plan, in which employees participate and which exists for the purpose, in whole

or in part, of dealing with employers concerning

grievances, labor disputes, wages, rates of pay,

hours of employment, or conditions of work.

(e) Employees of employers providing contract

services to United States

(1) Notwithstanding the provisions of section

213 of this title (except subsections (a)(1) and (f)

thereof), every employer providing any contract

services (other than linen supply services) under

a contract with the United States or any subcontract thereunder shall pay to each of his employees whose rate of pay is not governed by the

Service Contract Act of 1965 (41 U.S.C. 351–357) or

to whom subsection (a)(1) of this section is not

applicable, wages at rates not less than the rates

provided for in subsection (b) of this section.

(2) Notwithstanding the provisions of section

213 of this title (except subsections (a)(1) and (f)

thereof) and the provisions of the Service Contract Act of 1965 [41 U.S.C. 351 et seq.] every employer in an establishment providing linen supply services to the United States under a contract with the United States or any subcontract

thereunder shall pay to each of his employees in

such establishment wages at rates not less than

those prescribed in subsection (b) of this section,

except that if more than 50 per centum of the

gross annual dollar volume of sales made or

business done by such establishment is derived

from providing such linen supply services under

any such contracts or subcontracts, such employer shall pay to each of his employees in such

establishment wages at rates not less than those

prescribed in subsection (a)(1) of this section.

(f) Employees in domestic service

Any employee—

(1) who in any workweek is employed in domestic service in a household shall be paid

wages at a rate not less than the wage rate in

effect under subsection (b) of this section unless such employee’s compensation for such

service would not because of section 209(a)(6)

of the Social Security Act [42 U.S.C. 409(a)(6)]

constitute wages for the purposes of title II of

such Act [42 U.S.C. 401 et seq.], or

(2) who in any workweek—

(A) is employed in domestic service in one

or more households, and

(B) is so employed for more than 8 hours in

the aggregate,

shall be paid wages for such employment in such

workweek at a rate not less than the wage rate

in effect under subsection (b) of this section.

(g) Newly hired employees who are less than 20

years old

(1) In lieu of the rate prescribed by subsection

(a)(1) of this section, any employer may pay any

employee of such employer, during the first 90

consecutive calendar days after such employee

is initially employed by such employer, a wage

which is not less than $4.25 an hour.

(2) No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in paragraph (1).

(3) Any employer who violates this subsection

shall be considered to have violated section

215(a)(3) of this title.

(4) This subsection shall only apply to an employee who has not attained the age of 20 years.

(June 25, 1938, ch. 676, §6, 52 Stat. 1062; June 26,

1940, ch. 432, §3(e), (f), 54 Stat. 616; Oct. 26, 1949,
§ 206 TITLE 29—LABOR Page 64

ch. 736, §6, 63 Stat. 912; Aug. 12, 1955, ch. 867, §3,

69 Stat. 711; Aug. 8, 1956, ch. 1035, §2, 70 Stat.

1118; Pub. L. 87–30, §5, May 5, 1961, 75 Stat. 67;

Pub. L. 88–38, §3, June 10, 1963, 77 Stat. 56; Pub.

L. 89–601, title III, §§301–305, Sept. 23, 1966, 80

Stat. 838, 839, 841; Pub. L. 93–259, §§2–4, 5(b),

7(b)(1), Apr. 8, 1974, 88 Stat. 55, 56, 62; Pub. L.

95–151, §2(a)–(d)(2), Nov. 1, 1977, 91 Stat. 1245,

1246; Pub. L. 101–157, §§2, 4(b), Nov. 17, 1989, 103

Stat. 938, 940; Pub. L. 101–239, title X,

§10208(d)(2)(B)(i), Dec. 19, 1989, 103 Stat. 2481;

Pub. L. 104–188, [title II], §§2104(b), (c), 2105(c),

Aug. 20, 1996, 110 Stat. 1928, 1929.)

REFERENCES IN TEXT

The Fair Labor Standards Amendments of 1966, referred to in subsec. (b), 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 Education Amendments of 1972, referred to in

subsec. (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235,

as amended, Title IX of the Education Amendments of

1972 is classified principally to chapter 38 (§1681 et seq.)

of Title 20, Education. For complete classification of

this Act to the Code, see Short Title of 1972 Amendment note set out under section 1001 of Title 20 and

Tables.

The Fair Labor Standards Amendments of 1974, referred to in subsec. (b), is Pub. L. 93–259, Apr. 8, 1974, 88

Stat. 55. For complete classification of this Act to the

Code, see Short Title of 1974 Amendment note set out

under section 201 of this title and Tables.

The Service Contract Act of 1965, referred to in subsec. (e)(1), (2), is Pub. L. 89–286, Oct. 22, 1965, 79 Stat.

1034, as amended, which is classified generally to chapter 6 (§351 et seq.) of Title 41, Public Contracts. For

complete classification of this Act to the Code, see

Short Title note set out under section 351 of Title 41

and Tables.

The Social Security Act, referred to in subsec. (f)(1),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Title II of such Act is classified generally to subchapter

II (§401 et seq.) of chapter 7 of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

1996—Subsec. (a)(1). Pub. L. 104–188, §2104(b), amended

par. (1) generally. Prior to amendment, par. (1) read as

follows: ‘‘except as otherwise provided in this section,

not less than $3.35 an hour during the period ending

March 31, 1990, not less than $3.80 an hour during the

year beginning April 1, 1990, and not less than $4.25 an

hour after March 31, 1991;’’.

Subsec. (c). Pub. L. 104–188, §2104(c), struck out subsec. (c) which related to employees in Puerto Rico.

Subsec. (g). Pub. L. 104–188, §2105(c), added subsec. (g).

1989—Subsec. (a)(1). Pub. L. 101–157, §2, amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘not less than $2.65 an hour during the year beginning January 1, 1978, not less than $2.90 an hour during the year beginning January 1, 1979, not less than

$3.10 an hour during the year beginning January 1, 1980,

and not less than $3.35 an hour after December 31, 1980,

except as otherwise provided in this section;’’.

Subsec. (a)(3). Pub. L. 101–157, §4(b)(1), substituted

‘‘pursuant to sections 205 and 208 of this title’’ for ‘‘in

the same manner and pursuant to the same provisions

as are applicable to the special industry committees

provided for Puerto Rico and the Virgin Islands by this

chapter as amended from time to time. Each such committee shall have the same powers and duties and shall

apply the same standards with respect to the application of the provisions of this chapter to employees employed in American Samoa as pertain to special industry committees established under section 205 of this

title with respect to employees employed in Puerto

Rico or the Virgin Islands’’.

Subsec. (c). Pub. L. 101–157, §4(b)(2), amended subsec.

(c) generally, substituting provisions relating to the

application of wage rates under subsec. (a)(1) to employees in Puerto Rico for provisions relating to the superseding of subsec. (a)(1) wage rates by wage orders of

a special industry committee for employees in Puerto

Rico and the Virgin Islands.

Subsec. (f)(1). Pub. L. 101–239 substituted ‘‘209(a)(6)’’

for ‘‘209(g)’’.

1977—Subsec. (a)(1). Pub. L. 95–151, §2(a), substituted

‘‘not less than $2.65 an hour during the year beginning

January 1, 1978, not less than $2.90 an hour during the

year beginning January 1, 1979, not less than $3.10 an

hour during the year beginning January 1, 1980, and not

less than $3.35 an hour after December 1, 1980’’ for ‘‘not

less than $2 an hour during the period ending December

31, 1974, not less than $2.10 an hour during the year beginning January 1, 1975, and not less than $2.30 an hour

after December 31, 1975’’.

Subsec. (a)(5). Pub. L. 95–151, §2(b), substituted provisions for a minimum wage rate of not less than the

minimum wage rate in effect under par. (1) after Dec.

31, 1977, for provisions for a minimum wage rate of not

less than $1.60 an hour during the period ending Dec. 31,

1974, $1.80 an hour during the year beginning Jan. 1,

1975, $2 an hour during the year beginning Jan. 1, 1976,

$2.20 an hour during the year beginning Jan. 1, 1977, and

$2.30 an hour after Dec. 31, 1977.

Subsec. (b). Pub. L. 95–151, §2(c), substituted provisions for a minimum wage rate, effective after Dec. 31,

1977, of not less than the minimum wage rate in effect

under subsec. (a)(1) of this section, for provisions for a

minimum wage rate of not less than $1.90 an hour during the period ending Dec. 31, 1974, not less than $2 an

hour during the year beginning Jan. 1, 1975, not less

than $2.20 an hour during the year beginning Jan. 1,

1976, and not less than $2.30 an hour after Dec. 31, 1976.

Subsec. (c)(1). Pub. L. 95–151, §2(d)(2)(A), inserted

‘‘(A)’’ before ‘‘heretofore’’ and cl. (B), and substituted

‘‘subsection (a)(1)’’ for ‘‘subsections (a) and (b)’’.

Subsec. (c)(2). Pub. L. 95–151, §2(d)(1), added par. (2).

Former par. (2), relating to applicability, etc., of wage

rate orders effective on the effective date of the Fair

Labor Standards Amendments of 1974, and effective on

the first day of the second and each subsequent year

after such date, was struck out.

Subsec. (c)(3). Pub. L. 95–151, §2(d)(1), (2)(B), (C), redesignated par. (5) as (3) and substituted references to

subsec. (a)(1) of this section, for references to subsec.

(a) or (b) of this section. Former par. (3), relating to appointment of a special industry committee for recommendations with respect to highest minimum wage

rates for employees employed in Puerto Rico or the

Virgin Islands subject to the amendments to this chapter by the Fair Labor Standards Amendments of 1974,

was struck out.

Subsec. (c)(4). Pub. L. 95–151, §2(d)(1), (2)(B), (D), redesignated par. (6) as (4) and struck out ‘‘or (3)’’ after

‘‘(2)’’. Former par. (4), relating to wage rates of employees in Puerto Rico or the Virgin Islands subject to the

former provisions of subsec. (c)(2)(A) or (3) of this section, was struck out.

Subsec. (c)(5), (6). Pub. L. 95–151, §2(d)(2)(B), redesignated pars. (5) and (6) as (3) and (4), respectively.

1974—Subsec. (a)(1). Pub. L. 93–259, §2, substituted

‘‘not less than $2 an hour during the period ending December 31, 1974, not less than $2.10 an hour during the

year beginning January 1, 1975, and not less than $2.30

an hour after December 31, 1975’’ for ‘‘not less than $1.40

an hour during the first year from the effective date of

the Fair Labor Standards Amendments of 1966 and not

less than $1.60 an hour thereafter’’.

Subsec. (a)(5). Pub. L. 93–259, §4, substituted provisions for a minimum wage rate not less than: $1.60 an

hour during period ending Dec. 31, 1974; $1.80, $2, and

$2.20 an hour during years beginning Jan. 1, 1975, 1976,

and 1977, respectively; and $2.30 an hour after Dec. 31,

1977 for former provisions for a minimum wage rate not

less than $1 an hour during first year from the effective

date of the Fair Labor Standards Amendments of 1966,
Page 65 TITLE 29—LABOR § 206

not less than $1.15 an hour during second year from

such date, and not less than $1.30 an hour thereafter.

Subsec. (b). Pub. L. 93–259, §3, inserted references to

‘‘title II of the Education Amendments of 1972’’ and

‘‘Fair Labor Standards Amendments of 1974’’ and substituted provisions for a minimum wage rate not less

than $1.90 an hour during period ending Dec. 31, 1974; $2

and $2.20 an hour during years beginning Jan. 1, 1975,

and 1976, respectively; and $2.30 an hour after Dec. 31,

1976 for former provisions for a minimum wage rate not

less than: $1 an hour during first year from effective

date of Fair Labor Standards Amendments of 1966;

$1.15, $1.30, and $1.45 an hour during second, third, and

fourth years from such date; and $1.60 an hour thereafter.

Subsec. (c)(2) to (6). Pub. L. 93–259, §5(b), added pars.

(2) to (6) and struck out former pars. (2) to (4) which

had provided:

‘‘(2) In the case of any such employee who is covered

by such a wage order and to whom the rate or rates prescribed by subsection (a) of this section would otherwise apply, the following rates shall apply:

‘‘(A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the

effective date of the Fair Labor Standards Amendments of 1966, increased by 12 per centum, unless such

rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee

appointed under paragraph (C). Such rate or rates

shall become effective sixty days after the effective

date of the Fair Labor Standards Amendments of 1966

or one year from the effective date of the most recent

wage order applicable to such employee therefore issued by the Secretary pursuant to the recommendations of a special industry committee appointed

under section 205 of this title, whichever is later.

‘‘(B) Beginning one year after the applicable effective date under paragraph (A), not less than the rate

or rates prescribed by paragraph (A), increased by an

amount equal to 16 per centum of the rate or rates

applicable under the most recent wage order issued

by the Secretary prior to the effective date of the

Fair Labor Standards Amendments of 1966, unless

such rate or rates are superseded by the rate or rates

prescribed in a wage order issued by the Secretary

pursuant to the recommendations of a review committee appointed under paragraph (C).

‘‘(C) Any employer, or group of employers, employing a majority of the employees in an industry in

Puerto Rico or the Virgin Islands, may apply to the

Secretary in writing for the appointment of a review

committee to recommend the minimum rate or rates

to be paid such employees in lieu of the rate or rates

provided by paragraph (A) or (B). Any such application with respect to any rate or rates provided for

under paragraph (A) shall be filed within sixty days

following the enactment of the Fair Labor Standards

Amendments of 1966 and any such application with

respect to any rate or rates provided for under paragraph (B) shall be filed not more than one hundred

and twenty days and not less than sixty days prior to

the effective date of the applicable rate or rates

under paragraph (B). The Secretary shall promptly

consider such application and may appoint a review

committee if he has reasonable cause to believe, on

the basis of financial and other information contained in the application, that compliance with any

applicable rate or rates prescribed by paragraph (A)

or (B) will substantially curtail employment in such

industry. The Secretary’s decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee

appointed under this paragraph shall take effect on

the applicable effective date provided in paragraph

(A) or (B).

‘‘(D) In the event a wage order has not been issued

pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase

provided by any such paragraph shall take effect on

the effective date prescribed therein, except with respect to the employees of an employer who filed an

application under paragraph (C) and who files with

the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his

employees of an amount sufficient to compensate

such employees for the difference between the wages

they actually receive and the wages to which they

are entitled under this subsection. The Secretary

shall be empowered to enforce such undertaking and

any sums recovered by him shall be held on a special

deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected. Any such sum not paid to an employee because of inability to do so within a period of three

years shall be covered into the Treasury of the

United States as miscellaneous receipts.

‘‘(3) In the case of any such employee to whom subsection (a)(5) or subsection (b) of this section would

otherwise apply, the Secretary shall within sixty days

after the effective date of the Fair Labor Standards

Amendments of 1966 appoint a special industry committee in accordance with section 205 of this title to recommend the highest minimum wage rate or rates in accordance with the standards prescribed by section 208

of this title, but not in excess of the applicable rate

provided by subsection (a)(5) or subsection (b) of this

section, to be applicable to such employee in lieu of the

rate or rates prescribed by subsection (a)(5) or subsection (b) of this section, as the case may be. The rate

or rates recommended by the special industry committee shall be effective with respect to such employee

upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days

after the effective date of the Fair Labor Standards

Amendments of 1966.

‘‘(4) The provisions of sections 205 and 208 of this

title, relating to special industry committees, shall be

applicable to review committees appointed under this

subsection. The appointment of a review committee

shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to

the provisions of subsection (a) of section 208 of this

title, except that no special industry committee shall

hold any hearing within one year after a minimum

wage rate or rates for such industry shall have been

recommended to the Secretary by a review committee

to be paid in lieu of the rate or rates provided for under

paragraph (A) or (B). The minimum wage rate or rates

prescribed by this subsection shall be in effect only for

so long as and insofar as such minimum wage rate or

rates have not been superseded by a wage order fixing

a higher minimum wage rate or rates (but not in excess

of the applicable rate prescribed in subsection (a) or

subsection (b) of this section) hereafter issued by the

Secretary pursuant to the recommendation of a special

industry committee.’’

Subsec. (f). Pub. L. 93–259, §7(b)(1), added subsec. (f).

1966—Subsec. (a). Pub. L. 89–601, §301(a), inserted

‘‘, or is employed in an enterprise engaged in commerce or in the production of goods for commerce,’’ in

opening provisions.

Subsec. (a)(1). Pub. L. 89–601, §301(a), raised minimum

wage to not less than $1.40 an hour during first year

from the effective date of the Fair Labor Standards

Amendments of 1966, and not less than $1.60 thereafter,

except as otherwise provided in this section.

Subsec. (a)(4). Pub. L. 89–601, §301(b), added par. (4).

Subsec. (a)(5). Pub. L. 89–601, §302, added par. (5).

Subsec. (b). Pub. L. 89–601, §303, substituted provisions for a minimum wage for employees covered for

first time by the Fair Labor Standards Amendments of

1966 (other than newly covered agricultural employees)

at not less than $1 an hour during first year from the

effective date of the 1966 amendments, not less than

$1.15 an hour during second year from such date, not

less than $1.30 an hour during third year from such

date, not less than $1.45 an hour during fourth year

from such date, and not less than $1.60 an hour there-
§ 206 TITLE 29—LABOR Page 66

after, for provisions setting a timetable for increases in

the minimum wage of employees first covered by the

Fair Labor Standards Amendments of 1961.

Subsec. (c). Pub. L. 89–601, §304, provided for a percentage minimum wage increase for employees in Puerto Rico and the Virgin Islands who are covered by wage

orders already in effect as the equivalent of the percentage increase on the mainland, provided for minimum wages for employees brought within coverage of

this chapter for the first time by the Fair Labor Standards Amendments of 1966 at rates to be set by special

industry committees so as to reach as rapidly as is economically feasible without substantially curtailing employment the objectives of the minimum wage prescribed for mainland employees, and eliminated the review committees that has been established by the Fair

Labor Standards Amendments of 1961.

Subsec. (e). Pub. L. 89–601, §305, added subsec. (e).

1963—Subsec. (d). Pub. L. 88–38 added subsec. (d).

1961—Subsec. (a). Pub. L. 87–30, §5(a)(1), inserted ‘‘in

any workweek’’ in opening provisions.

Subsec. (a)(1). Pub. L. 87–30, §5(a)(2), increased minimum wage from not less than $1 an hour to not less

than $1.15 an hour during first two years from the effective date of the Fair Labor Standards Amendments of

1961, and not less than $1.25 an hour thereafter.

Subsec. (a)(3). Pub. L. 87–30, §5(a)(3), inserted ‘‘in lieu

of the rate or rates provided by this subsection or subsection (b) of this section’’ and ‘‘as amended from time

to time’’ and struck out ‘‘now’’ before ‘‘applicable to’’.

Subsec. (b). Pub. L. 87–30, §5(b), added subsec. (b).

Former subsec. (b) had provided that ‘‘This section

shall take effect upon the expiration of one hundred

and twenty days from June 25, 1938.’’

Subsec. (c). Pub. L. 87–30, §5(c), added subsec. (c).

Former subsec. (c) had provided for wage orders recommended by special industrial committees and covering employees in Puerto Rico and the Virgin Islands to

supersede minimum wages of $1 an hour and for continuance of wage orders in effect prior to effective date

of this chapter until superseded by wage orders recommended by the special industrial committees.

1956—Subsec. (a)(3). Act Aug. 8, 1956, added par. (3).

1955—Subsec. (a)(1). Act Aug. 12, 1955, increased minimum wage from not less than 75 cents an hour to not

less than $1 an hour.

1949—Subsec. (a). Act Oct. 26, 1949, §6(a), (b), struck

out subpars. (1), (2), (3), and (4), inserted subpar. (1) fixing the minimum wage rate at not less than 75 cents an

hour, and redesignated subpar. (5) as (2).

Subsec. (c). Act Oct. 26, 1949, §6(c), continued existing

minimum wage rates in Puerto Rico and the Virgin Islands until superseded by special industry committee

wage orders.

1940—Subsec. (a)(5). Act June 26, 1940, added par. (5).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by sections 2 to 4 and 7(b)(1) 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.

Section 5(b) of Pub. L. 93–259 provided that the

amendment made by that section is effective Apr. 8,

1974.

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 1963 AMENDMENT

Section 4 of Pub. L. 88–38 provided that: ‘‘The amendments made by this Act [amending this section and enacting provisions set out below] shall take effect upon

the expiration of one year from the date of its enactment [June 10, 1963]: Provided, That in the case of employees covered by a bona fide collective bargaining

agreement in effect at least thirty days prior to the

date of enactment of this Act [June 10, 1963], entered

into by a labor organization as defined in section 6(d)(4)

of the Fair Labor Standards Act of 1938, as amended

[subsec. (d)(4) of this section], the amendments made

by this Act shall take effect upon the termination of

such collective bargaining agreement or upon the expiration of two years from the date of enactment of this

Act [June 10, 1963], whichever shall first occur.’’

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 1955 AMENDMENT

Section 3 of act Aug. 12, 1955, provided that the

amendment made by that section is effective Mar. 1,

1956.

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.

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay provisions vested by this section in

Secretary of Labor and Administrator of Wage and

Hour Division of Department of Labor transferred to

Equal Employment Opportunity Commission by Reorg.

Plan No. 1 of 1978, §1, 43 F.R. 19807, 92 Stat. 3781, set out

in the Appendix to Title 5, Government Organization

and Employees, effective Jan. 1, 1979, as provided by

section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.

1053.

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.

TRAINING WAGE

Section 6 of Pub. L. 101–157 provided that:

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORITY.—Any employer may, in lieu of the

minimum wage prescribed by section 6 of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206), pay an eligible employee the wage prescribed by paragraph

(2)—

‘‘(A) while such employee is employed for the period authorized by subsection (g)(1)(B)(i), or

‘‘(B) while such employee is engaged in on-the-job

training for the period authorized by subsection

(g)(1)(B)(ii).

‘‘(2) WAGE RATE.—The wage referred to in paragraph

(1) shall be a wage—

‘‘(A) of not less than $3.35 an hour during the year

beginning April 1, 1990; and

‘‘(B) beginning April 1, 1991, of not less than $3.35

an hour or 85 percent of the wage prescribed by section 6 of such Act, whichever is greater.

‘‘(b) WAGE PERIOD.—An employer may pay an eligible

employee the wage authorized by subsection (a) for a

period that—

‘‘(1) begins on or after April 1, 1990;

‘‘(2) does not exceed the maximum period during

which an employee may be paid such wage as determined under subsection (g)(1)(B); and
Page 67 TITLE 29—LABOR § 206

‘‘(3) ends before April 1, 1993.

‘‘(c) WAGE CONDITIONS.—No eligible employee may be

paid the wage authorized by subsection (a) by an employer if—

‘‘(1) any other individual has been laid off by such

employer from the position to be filled by such eligible employee or from any substantially equivalent

position; or

‘‘(2) such employer has terminated the employment

of any regular employee or otherwise reduced the

number of employees with the intention of filling the

vacancy so created by hiring an employee to be paid

such wage.

‘‘(d) LIMITATIONS.—

‘‘(1) EMPLOYEE HOURS.—During any month in which

employees are to be employed in an establishment

under this section, the proportion of employee hours

of employment to the total hours of employment of

all employees in such establishment may not exceed

a proportion equal to one-fourth of the total hours of

employment of all employees in such establishment.

‘‘(2) DISPLACEMENT.—

‘‘(A) PROHIBITION.—No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or

employment benefits) for purposes of hiring individuals at the wage authorized in subsection (a).

‘‘(B) DISQUALIFICATION.—If the Secretary determines that an employer has taken an action in violation of subparagraph (A), the Secretary shall

issue an order disqualifying such employer from

employing any individual at such wage.

‘‘(e) NOTICE.—Each employer shall provide to any eligible employee who is to be paid the wage authorized

by subsection (a) a written notice before the employee

begins employment stating the requirements of this

section and the remedies provided by subsection (f) for

violations of this section. The Secretary shall provide

to employers the text of the notice to be provided

under this subsection.

‘‘(f) ENFORCEMENT.—Any employer who violates this

section shall be considered to have violated section

15(a)(3) of the Fair Labor Standards Act of 1938 (29

U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29

U.S.C. 216 and 217) shall apply with respect to the violation.

‘‘(g) DEFINITIONS.—For purposes of this section:

‘‘(1) ELIGIBLE EMPLOYEE.—

‘‘(A) IN GENERAL.—The term ‘eligible employee’

means with respect to an employer an individual

who—

‘‘(i) is not a migrant agricultural worker or a

seasonal agricultural worker (as defined in paragraphs (8) and (10) of section 3 of the Migrant and

Seasonal Agricultural Worker Protection Act (29

U.S.C. 1802(8) and (10)) without regard to subparagraph (B) of such paragraphs and is not a nonimmigrant described in section 101(a)(15)(H)(ii)(a)

of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)(a));

‘‘(ii) has not attained the age of 20 years; and

‘‘(iii) is eligible to be paid the wage authorized

by subsection (a) as determined under subparagraph (B).

‘‘(B) DURATION.—

‘‘(i) An employee shall initially be eligible to be

paid the wage authorized by subsection (a) until

the employee has been employed a cumulative

total of 90 days at such wage.

‘‘(ii) An employee who has been employed by an

employer at the wage authorized by subsection

(a) for the period authorized by clause (i) may be

employed by any other employer for an additional

90 days if the employer meets the requirements of

subsection (h).

‘‘(iii) The total period, as authorized by clauses

(i) and (ii), that an employee may be paid the

wage authorized by subsection (a) may not exceed

180 days.

‘‘(iv) For purposes of this subparagraph, the

term ‘employer’ means with respect to an employee an employer who is required to withhold

payroll taxes for such employee.

‘‘(C) PROOF.—

‘‘(i) IN GENERAL.—An individual is responsible

for providing the requisite proof of previous period or periods of employment with other employers. An employer’s good faith reliance on the

proof presented to the employer by an individual

shall constitute a complete defense to a charge

that the employer has violated subsection (b)(2)

with respect to such individual.

‘‘(ii) REGULATIONS.—The Secretary of Labor

shall issue regulations defining the requisite

proof required of an individual. Such regulations

shall establish minimal requirements for requisite proof and may prescribe that an accurate

list of the individual’s employers and a statement

of the dates and duration of employment with

each employer constitute requisite proof.

‘‘(2) ON-THE-JOB TRAINING.—The term ‘on-the-job

training’ means training that is offered to an individual while employed in productive work that provides

training, technical and other related skills, and personal skills that are essential to the full and adequate performance of such employment.

‘‘(h) EMPLOYER REQUIREMENTS.—An employer who

wants to employ employees at the wage authorized by

subsection (a) for the period authorized by subsection

(g)(1)(B)(ii) shall—

‘‘(1) notify the Secretary annually of the positions

at which such employees are to be employed at such

wage,

‘‘(2) provide on-the-job training to such employees

which meets general criteria of the Secretary issued

by regulation after consultation with the Committee

on Labor and Human Resources of the Senate and the

Committee on Education and Labor [now Committee

on Education and the Workforce] of the House of Representatives and other interested persons,

‘‘(3) keep on file a copy of the training program

which the employer will provide such employees,

‘‘(4) provide a copy of the training program to the

employees,

‘‘(5) post in a conspicuous place in places of employment a notice of the types of jobs for which the employer is providing on-the-job training, and

‘‘(6) send to the Secretary on an annual basis a copy

of such notice.

The Secretary shall make available to the public upon

request notices provided to the Secretary by employers

in accordance with paragraph (6).

‘‘(i) REPORT.—The Secretary of Labor shall report to

Congress not later than March 1, 1993, on the effectiveness of the wage authorized by subsection (a). The report shall include—

‘‘(1) an analysis of the impact of such wage on employment opportunities for inexperienced workers;

‘‘(2) any reduction in employment opportunities for

experienced workers resulting from the employment

of employees under such wage;

‘‘(3) the nature and duration of the training provided under such wage; and

‘‘(4) the degree to which employers used the authority to pay such wage.’’

PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS VOLUNTEERS PRIOR TO APRIL 15, 1986;

LIABILITY

Certain public agencies not to be liable for violations

of this section occurring before Apr. 15, 1986, with respect to services deemed by that agency to have been

performed for it by an individual on a voluntary basis,

see section 4(c) of Pub. L. 99–150, set out as a note under

section 203 of this title.

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
§ 207 TITLE 29—LABOR Page 68

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.

INAPPLICABILITY TO NORTHERN MARIANA ISLANDS

Pursuant to section 503(c) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands

with the United States of America, as set forth in Pub.

L. 94–241, Mar. 24, 1976, 90 Stat. 263, set out as a note

under section 1801 of Title 48, Territories and Insular

Possessions, this section is inapplicable to the Northern Mariana Islands.

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.

CONGRESSIONAL FINDING AND DECLARATION OF POLICY

Section 2 of Pub. L. 88–38 provided that:

‘‘(a) The Congress hereby finds that the existence in

industries engaged in commerce or in the production of

goods for commerce of wage differentials based on sex—

‘‘(1) depresses wages and living standards for employees necessary for their health and efficiency;

‘‘(2) prevents the maximum utilization of the available labor resources;

‘‘(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;

‘‘(4) burdens commerce and the free flow of goods in

commerce; and

‘‘(5) constitutes an unfair method of competition.

‘‘(b) It is hereby declared to be the policy of this Act

[amending this section, and enacting provisions set out

as notes under this section], through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the

conditions above referred to in such industries.’’

DEFINITION OF ‘‘ADMINISTRATOR’’

The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of

this title.

CROSS REFERENCES

Action by employee to recover unpaid minimum

wages and liquidated damages, see section 216 of this

title.

Employees performing services within foreign country or certain territory under jurisdiction of United

States as not subject to provisions of this section, see

section 213 of this title.

Hours worked defined, see section 203 of this title.

Minimum wages for employees covered by WalshHealey Act, see section 35 of Title 41, Public Contracts.

Minimum wages of employees of Government contractors prescribed by Davis-Bacon Act, see section

276a of Title 40, Public Buildings, Property, and Works.

Overtime pay, see section 207 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 205, 207, 208,

213, 214, 215, 216, 218, 1552, 2617 of this title; title 2 sections 60k, 1313; title 3 section 413; title 5 sections 2302,

5343, 5349, 7702; title 7 sections 2015, 2026; title 10 section

1588; title 15 section 1673; title 20 sections 1078–10, 1085;

title 21 section 849; title 22 sections 2506, 3905, 3967, 3968,

3969, 4131; title 24 section 422; title 26 section 45B; title

38 sections 1720, 3485; title 41 section 351; title 42 sections 300e–9, 431, 1437t, 2000e–2, 2753, 3056, 8009, 8011, 9848.

§ 207. Maximum hours

(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) of this section 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 fiftytwo 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