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2 U.S.C. § 1313 — Rights and protections under Fair Labor Standards Act of 1938
Federal law — U.S. Code and appendices · legal_authorities
**(a) Fair labor standards**
(1) **In general** — The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, section 12(c), and section 18D of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) (a)(1) and (d), 207, 212(c), 218d) shall apply to covered employees.
(2) **Interns** — For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c).
(3) **Compensatory time** — Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation.
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 216(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim)).
**(c) Regulations to implement section**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section.
(2) **Agency regulations** — Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the
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Stable record: federal_law:legal_authorities:record_usc_72d7e2b636ddad4367ca1ef3
Source file: Laws/federal/codes/united-states-code/title-2/section-1313-rights-and-protections-under-fair-labor-standards-act-of-1938--b42463ce83.md
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Source location: Title 2, Chapter 24, § 1313; chapter-024-congressional-accountability.md
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**(a) Fair labor standards**
(1) **In general** — The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, section 12(c), and section 18D of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) (a)(1) and (d), 207, 212(c), 218d) shall apply to covered employees.
(2) **Interns** — For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c).
(3) **Compensatory time** — Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation.
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 216(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim)).
**(c) Regulations to implement section**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section.
(2) **Agency regulations** — Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(3) **Irregular work schedules** — The Board shall issue regulations for covered employees whose work schedules directly depend on the schedule of the House of Representatives or the Senate that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.] that apply to employees who have irregular work schedules.
(4) **Law enforcement** — Law enforcement personnel of the Capitol Police who are subject to the exemption under section 7(k) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 207(k)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/k&num=0&edition=prelim)) may elect to receive compensatory time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period.
**(d) Omitted**
**(e) Effective date** Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)),
(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 11 So in original. Probably should be preceded by “in”. Government Publishing Office;
(B) any individual employed by the United States Postal Service or the Postal Regulatory Commi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
(2) **Rulemaking procedure** — Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
**(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection:
(1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th
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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) 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—
(A) $5.85 an hour, beginning on the 60th day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months after that 60th day; and
(C) $7.25 an hour, beginning 24 months after that 60th day;
(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 mi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) No lump-sum payment permitted for unused compensatory time**
(1) **In general** — No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under [section 1313(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1313/c/4&num=0&edition=prelim).
(2) **Omitted**
**(b) Overtime compensation for officers and employees exempt from Fair Labor Standards Act of 1938**
(1) **Criteria under which compensation permitted** — The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after March 4, 2010, in the form of additional pay or compensatory time off, only if—
(A) the overtime work is carried out in connection with special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for the overtime work performed by such individual; and
(C) the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board.
(2) **Exempt individuals defined** — In this subsection, an “exempt individual” is an officer or employee of the United States Capitol
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 60k was editorially reclassified as a note under [section 1313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1313&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 312
TITLE 2—THE CONGRESS
§ 1313
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title XI, § 1103(g)(2), Jan. 1,
2021, 134 Stat. 3889, provided that: ‘‘The amendment
made by this subsection [amending this section] shall
apply with respect to any event for which leave may be
taken under subparagraph (A) or (B) of section 102(a)(1)
of the Family and Medical Leave Act of 1995 [probably
means Family and Medical Leave Act of 1993] (29 U.S.C.
2612(a)(1)) and occurring on or after October 1, 2020.’’
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 116–92, div. F, title LXXVI, § 7603(c), Dec. 20,
2019, 133 Stat. 2307, provided that: ‘‘The amendments
made by this section [amending this section] shall not
be effective with respect to any birth or placement oc-
curring before October 1, 2020.’’
CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD
AND RESERVES: CONGRESSIONAL EMPLOYEES
Pub. L. 116–92, div. F, title LXXVI, § 7605(b), Dec. 20,
2019, 133 Stat. 2308, provided that: ‘‘For purposes of de-
termining the eligibility of a covered employee (as such
term is defined in section 101[(a)](3) of the Congres-
sional Accountability Act [2 U.S.C. 1301(a)(3)]) who is a
member of the National Guard or Reserves to take
leave under section 102(a) of the Family and Medical
Leave Act of 1993 [29 U.S.C. 2612(a)] (pursuant to section
202(a)(1) of the Congressional Accountability Act [2
U.S.C. 1312(a)(1)]), any service by such employee on ac-
tive duty (as defined in section 101[(a)](14) of the Fam-
ily and Medical Leave Act of 1993 [2 U.S.C. 1301(a)(14)])
shall be counted as time during which such employee
has been employed in an employing office for purposes
of section 202(a)(2)(B) of the Congressional Account-
ability Act [2
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1313
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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
Page 71
TITLE 29—LABOR
§ 206
1 See References in Text note below.
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.
§ 205.
Repealed.
Pub.
L.
110–28,
title
VIII,
§ 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
Section, acts 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, related to establish-
ment of special industry committees for American
Samoa to recommend the minimum rate or rates of
wages. See section 8103 of Pub. L. 110–28, set out as a
note under section 206 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after May 25, 2007, see section
8103(c)(2) of Pub. L. 110–28, set out as an Effective Date
of 2007 Amendment note under section 206 of this title.
§ 206. Minimum wage
(a) Employees engaged in commerce; home work-
ers in Puerto Rico and Virgin Islands; em-
ployees in American Samoa; seamen on
American vessels; agricultural employees
Every employer shall pay to each of his em-
ployees who in any workweek is engaged in com-
merce or in the
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 206
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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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