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29 U.S.C. § 216b — Liability for overtime work performed prior to July 20, 1949
Federal law — U.S. Code and appendices · legal_authorities
No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.] (in any action or proceeding commenced prior to or on or after January 24, 1950), on account of the failure of said employer to pay an employee compensation for any period of overtime work performed prior to July 20, 1949, if the compensation paid prior to July 20, 1949, for such work was at least equal to the compensation which would have been payable for such work had section 7(d)(6) and (7) and section 7(g) of the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 207(d)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/d/6&num=0&edition=prelim), (7), (g)], been in effect at the time of such payment.
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Source location: Title 29, Chapter 8, § 216b; chapter-008-fair-labor-standards.md
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No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.] (in any action or proceeding commenced prior to or on or after January 24, 1950), on account of the failure of said employer to pay an employee compensation for any period of overtime work performed prior to July 20, 1949, if the compensation paid prior to July 20, 1949, for such work was at least equal to the compensation which would have been payable for such work had section 7(d)(6) and (7) and section 7(g) of the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 207(d)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/d/6&num=0&edition=prelim), (7), (g)], been in effect at the time of such payment.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Fair Labor Standards Act of 1938”.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act July 20, 1949, ch. 352, § 2, 63 Stat. 446, related to liability for overtime work performed prior to July 20, 1949. See [section 216b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 62
TITLE 29—LABOR
§ 201
Sec.
215.
Prohibited acts; prima facie evidence.
216.
Penalties.
216a.
Repealed.
216b.
Liability for overtime work performed prior
to July 20, 1949.
217.
Injunction proceedings.
218.
Relation to other laws.
218a.
Repealed.
218b.
Notice to employees.
218c.
Protections for employees.
218d.
Breastfeeding accommodations in the work-
place.
219.
Separability.
§ 201. Short title
This chapter may be cited as the ‘‘Fair Labor
Standards Act of 1938’’.
(June 25, 1938, ch. 676, § 1, 52 Stat. 1060.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–328, div. KK, § 101, Dec. 29, 2022, 136 Stat.
6093, provided that: ‘‘This division [enacting section
218d of this title, amending sections 207, 215, and 216 of
this title and section 20168 of Title 49, Transportation,
and enacting provisions set out as notes under sections
207, 215, and 218d of this title and section 20168 of Title
49] may be cited as the ‘Providing Urgent Maternal
Protections for Nursing Mothers Act’ or the ‘PUMP for
Nursing Mothers Act’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8101, May 25, 2007, 121 Stat.
188,
provided
that:
‘‘This
subtitle
[subtitle
A
(§§ 8101–8104) of title VIII of Pub. L. 110–28, amending
section 206 of this title, repealing sections 205 and 208
of this title, and enacting provisions set out as notes
under section 206 of this title] may be cited as the ‘Fair
Minimum Wage Act of 2007’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–202, § 1, May 18, 2000, 114 Stat. 308, provided
that: ‘‘This Act [amending section 207 of this title and
enacting provisions set out as notes under section 207
of this title] may be cited as the ‘Worker Economic Op-
portunity Act’.’’
SHORT
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 78
TITLE 29—LABOR
§ 207
as notes under this section], through exercise by Con-
gress of its power to regulate commerce among the sev-
eral States and with foreign nations, to correct the
conditions above referred to in such industries.’’
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Adminis-
trator of the Wage and Hour Division, see section 204 of
this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administra-
tion 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 Orga-
nization and Employees) in hearing examiners em-
ployed by Department, transferred to Secretary of
Labor, with power vested in him to authorize their per-
formance 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.
§ 207. Maximum hours
(a) Employees engaged in interstate commerce;
additional applicability to employees pursu-
ant to subsequent amendatory provisions
(1) Except as otherwise provided in this sec-
tion, no employer shall
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Federal law — U.S. Code and appendices · legal_authorities
Page 107
TITLE 29—LABOR
§ 217
Fair Labor Standards Act of 1938, as amended [29 U.S.C.
216(c)], no amendment made by this Act [amending sec-
tions 202, 208, 211 to 217 of this title] shall be construed
as amending, modifying, or repealing any provisions of
the Portal-to-Portal Act of 1947.’’
RETROACTIVE EFFECT OF 1949 AMENDMENTS;
LIMITATION OF ACTIONS
Act Oct. 26, 1949, ch. 736, § 16(d), 63 Stat. 920, provided
that actions based upon acts or omissions occurring
prior to the effective date of act Oct. 26, 1949, which was
to be effective ninety days after Oct. 26, 1949, were not
prevented by the amendments made to sections 202 to
208, and 211 to 217 of this title by such act, so long as
such actions were instituted within two years from
such effective date.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administra-
tion of equal pay provisions vested by subsecs. (b) and
(c) of this section in Secretary 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 ex-
ceptions, 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.
§ 216a. Repealed. Oct. 26, 1949, ch. 736, § 16(f), 63
Stat. 920
Section, act July 20, 1949, ch. 352, § 2, 63 Stat. 446, re-
lated to liability for overtime work performed prior to
July 20, 1949. See section 216b of this title.
§ 216b. Liability
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