Page 79 TITLE 29—LABOR § 212

the enforcement of the provisions of this chapter or the regulations or orders thereunder. The

employer of an employee who performs substitute work described in section 207(p)(3) of this

title may not be required under this subsection

to keep a record of the hours of the substitute

work.

(d) Homework regulations

The Administrator is authorized to make such

regulations and orders regulating, restricting,

or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and

all existing regulations or orders of the Administrator relating to industrial homework are

continued in full force and effect.

(June 25, 1938, ch. 676, §11, 52 Stat. 1066; 1946

Reorg. Plan No. 2, §1(b), eff. July 16, 1946, 11 F.R.

7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, §9, 63

Stat. 916; Pub. L. 99–150, §3(c)(2), Nov. 13, 1985, 99

Stat. 789.)

AMENDMENTS

1985—Subsec. (c). Pub. L. 99–150 inserted ‘‘The employer of an employee who performs substitute work

described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the

hours of the substitute work.’’

1949—Subsec. (d). Act Oct. 26, 1949, added subsec. (d).

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 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 subsecs. (a), (b),

and (c) of 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.

For transfer of functions of other officers, employees,

and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate,

see Reorg. Plan No. 6 of 1950, §§1, 2, 15 F.R. 3174, 64 Stat.

1263, set out in the Appendix to Title 5, Government Organization and Employees.

‘‘Secretary of Labor’’ substituted for ‘‘Chief of the

Children’s Bureau’’ in subsec. (b) by 1946 Reorg. Plan

No. 2. See note set out 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

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.

DEFINITION OF ‘‘ADMINISTRATOR’’

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

this title.

CROSS REFERENCES

Attendance of witnesses and production of books, papers, and documents, see section 209 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 215, 626, 2616

of this title.

§ 212. Child labor provisions

(a) Restrictions on shipment of goods; prosecution; conviction

No producer, manufacturer, or dealer shall

ship or deliver for shipment in commerce any

goods produced in an establishment situated in

the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser

who acquired them in good faith in reliance on

written assurance from the producer, manufacturer, or dealer that the goods were produced in

compliance with the requirements of this section, and who acquired such goods for value

without notice of any such violation, shall not

be deemed prohibited by this subsection: And

provided further, That a prosecution and conviction of a defendant for the shipment or delivery

for shipment of any goods under the conditions

herein prohibited shall be a bar to any further

prosecution against the same defendant for shipments or deliveries for shipment of any such

goods before the beginning of said prosecution.

(b) Investigations and inspections

The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211(a) of this

title with respect to the employment of minors,

and, subject to the direction and control of the

Attorney General, shall bring all actions under

section 217 of this title to enjoin any act or

practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor.

(c) Oppressive child labor

No employer shall employ any oppressive child

labor in commerce or in the production of goods

for commerce or in any enterprise engaged in

commerce or in the production of goods for commerce.

(d) Proof of age

In order to carry out the objectives of this section, the Secretary may by regulation require

employers to obtain from any employee proof of

age.

(June 25, 1938, ch. 676, §12, 52 Stat. 1067; 1946

Reorg. Plan No. 2, §1(b), eff. July 16, 1946, 11 F.R.

7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, §10, 63

Stat. 917; Pub. L. 87–30, §8, May 5, 1961, 75 Stat.

70; Pub. L. 93–259, §25(a), Apr. 8, 1974, 88 Stat. 72.)

AMENDMENTS

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

1961—Subsec. (c). Pub. L. 87–30 inserted ‘‘or in any enterprise engaged in commerce or in the production of

goods for commerce’’.

1949—Subsec. (a). Act Oct. 26, 1949, §10(a), struck out

effective date at beginning of subsection and inserted
§ 213 TITLE 29—LABOR Page 80

proviso excepting good faith purchaser of goods produced by oppressive child labor.

Subsec. (c). Act Oct. 26, 1949, §10(b), added subsec. (c).

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

For transfer of functions of other officers, employees,

and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate,

see Reorg. Plan No. 6 of 1950, §§1, 2, 15 F.R. 3174, 64 Stat.

1263, set out in the Appendix to Title 5, Government Organization and Employees.

‘‘Secretary of Labor’’ substituted for ‘‘Chief of the

Children’s Bureau in the Department of Labor’’ in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out

under section 203 of this title.

CROSS REFERENCES

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 211, 213, 215, 216

of this title; title 2 section 1313; title 3 section 413.

§ 213. Exemptions

(a) Minimum wage and maximum hour requirements

The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this

subsection) and section 207 of this title shall not

apply with respect to—

(1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the

capacity of academic administrative personnel

or teacher in elementary or secondary

schools), or in the capacity of outside salesman (as such terms are defined and delimited

from time to time by regulations of the Secretary, subject to the provisions of subchapter

II of chapter 5 of title 5, except that an employee of a retail or service establishment

shall not be excluded from the definition of

employee employed in a bona fide executive or

administrative capacity because of the number of hours in his workweek which he devotes

to activities not directly or closely related to

the performance of executive or administrative activities, if less than 40 per centum of his

hours worked in the workweek are devoted to

such activities); or

(2) Repealed. Pub. L. 101–157, §3(c)(1), Nov. 17,

1989, 103 Stat. 939.

(3) any employee employed by an establishment which is an amusement or recreational

establishment organized camp, or religious or

non-profit educational conference center, if

(A) it does not operate for more than seven

months in any calendar year, or (B) during the

preceding calendar year, its average receipts

for any six months of such year were not more

than 331

⁄3 per centum of its average receipts

for the other six months of such year, except

that the exemption from sections 206 and 207

of this title provided by this paragraph does

not apply with respect to any employee of a

private entity engaged in providing services or

facilities (other than, in the case of the exemption from section 206 of this title, a private entity engaged in providing services and

facilities directly related to skiing) in a national park or a national forest, or on land in

the National Wildlife Refuge System, under a

contract with the Secretary of the Interior or

the Secretary of Agriculture; or

(4) Repealed. Pub. L. 101–157, §3(c)(1), Nov. 17,

1989, 103 Stat. 939.

(5) any employee employed in the catching,

taking, propagating, harvesting, cultivating,

or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic

forms of animal and vegetable life, or in the

first processing, canning or packing such marine products at sea as an incident to, or in

conjunction with, such fishing operations, including the going to and returning from work

and loading and unloading when performed by

any such employee; or

(6) any employee employed in agriculture

(A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use

more than five hundred man-days of agricultural labor, (B) if such employee is the parent,

spouse, child, or other member of his employer’s immediate family, (C) if such employee (i)

is employed as a hand harvest laborer and is

paid on a piece rate basis in an operation

which has been, and is customarily and generally recognized as having been, paid on a piece

rate basis in the region of employment, (ii)

commutes daily from his permanent residence

to the farm on which he is so employed, and

(iii) has been employed in agriculture less

than thirteen weeks during the preceding calendar year, (D) if such employee (other than

an employee described in clause (C) of this

subsection) (i) is sixteen years of age or under

and is employed as a hand harvest laborer, is

paid on a piece rate basis in an operation

which has been, and is customarily and generally recognized as having been, paid on a piece

rate basis in the region of employment, (ii) is

employed on the same farm as his parent or

person standing in the place of his parent, and

(iii) is paid at the same piece rate as employees over age sixteen are paid on the same

farm, or (E) if such employee is principally engaged in the range production of livestock; or

(7) any employee to the extent that such employee is exempted by regulations, order, or

certificate of the Secretary issued under section 214 of this title; or

(8) any employee employed in connection

with the publication of any weekly, semiweekly, or daily newspaper with a circulation

of less than four thousand the major part of