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29 U.S.C. § 1802 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Page 744
TITLE 29—LABOR
§ 1801
CHAPTER 20—MIGRANT AND SEASONAL
AGRICULTURAL WORKER PROTECTION
Sec.
1801.
Congressional statement of purpose.
1802.
Definitions.
1803.
Applicability of chapter.
SUBCHAPTER I—FARM LABOR CONTRACTORS
1811.
Certificate of registration required.
1812.
Issuance of certificate of registration.
1813.
Registration determinations.
1814.
Transfer or assignment; expiration; renewal.
1815.
Notice of address change; amendment of cer-
tificate of registration.
1816.
Repealed.
SUBCHAPTER II—MIGRANT AGRICULTURAL
WORKER PROTECTIONS
1821.
Information and recordkeeping requirements.
1822.
Wages, supplies, and other working arrange-
ments.
1823.
Safety and health of housing.
SUBCHAPTER III—SEASONAL AGRICULTURAL
WORKER PROTECTIONS
1831.
Information and recordkeeping requirements.
1832.
Wages, supplies, and other working arrange-
ments.
SUBCHAPTER IV—FURTHER PROTECTIONS FOR
MIGRANT
AND
SEASONAL
AGRICULTURAL
WORKERS
1841.
Motor vehicle safety.
1842.
Confirmation of registration.
1843.
Information on employment conditions.
1844.
Compliance with written agreements.
SUBCHAPTER V—GENERAL PROVISIONS
PART A—ENFORCEMENT PROVISIONS
1851.
Criminal sanctions.
1852.
Judicial enforcement.
1853.
Administrative sanctions.
1854.
Private right of action.
1855.
Discrimination prohibited.
1856.
Waiver of rights.
PART B—ADMINISTRATIVE PROVISIONS
1861.
Rules and regulations.
1862.
Authority to obtain information.
1863.
Agreements with Federal and State agencies.
PART C—MISCELLANEOUS PROVISIONS
1871.
State laws and regulations.
1872.
Transition provision.
§ 1801. Congressional statement of purpose
It is the purpose of this chapter to remove the
restraints on commerce caused by activities det-
rimental to mi
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Page 744
TITLE 29—LABOR
§ 1801
CHAPTER 20—MIGRANT AND SEASONAL
AGRICULTURAL WORKER PROTECTION
Sec.
1801.
Congressional statement of purpose.
1802.
Definitions.
1803.
Applicability of chapter.
SUBCHAPTER I—FARM LABOR CONTRACTORS
1811.
Certificate of registration required.
1812.
Issuance of certificate of registration.
1813.
Registration determinations.
1814.
Transfer or assignment; expiration; renewal.
1815.
Notice of address change; amendment of cer-
tificate of registration.
1816.
Repealed.
SUBCHAPTER II—MIGRANT AGRICULTURAL
WORKER PROTECTIONS
1821.
Information and recordkeeping requirements.
1822.
Wages, supplies, and other working arrange-
ments.
1823.
Safety and health of housing.
SUBCHAPTER III—SEASONAL AGRICULTURAL
WORKER PROTECTIONS
1831.
Information and recordkeeping requirements.
1832.
Wages, supplies, and other working arrange-
ments.
SUBCHAPTER IV—FURTHER PROTECTIONS FOR
MIGRANT
AND
SEASONAL
AGRICULTURAL
WORKERS
1841.
Motor vehicle safety.
1842.
Confirmation of registration.
1843.
Information on employment conditions.
1844.
Compliance with written agreements.
SUBCHAPTER V—GENERAL PROVISIONS
PART A—ENFORCEMENT PROVISIONS
1851.
Criminal sanctions.
1852.
Judicial enforcement.
1853.
Administrative sanctions.
1854.
Private right of action.
1855.
Discrimination prohibited.
1856.
Waiver of rights.
PART B—ADMINISTRATIVE PROVISIONS
1861.
Rules and regulations.
1862.
Authority to obtain information.
1863.
Agreements with Federal and State agencies.
PART C—MISCELLANEOUS PROVISIONS
1871.
State laws and regulations.
1872.
Transition provision.
§ 1801. Congressional statement of purpose
It is the purpose of this chapter to remove the
restraints on commerce caused by activities det-
rimental to migrant and seasonal agricultural
workers; to require farm labor contractors to
register under this chapter; and to assure nec-
essary protections for migrant and seasonal ag-
ricultural workers, agricultural associations,
and agricultural employers.
(Pub. L. 97–470, § 2, Jan. 14, 1983, 96 Stat. 2584.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 97–470, title V, § 524, Jan. 14, 1983, 96 Stat. 2600,
provided in part that: ‘‘The provisions of this Act [en-
acting this chapter and repealing chapter 52 (§ 2041 et
seq.) of Title 7, Agriculture] shall take effect ninety
days from the date of enactment [Jan. 14, 1983].’’
SHORT TITLE
Pub. L. 97–470, § 1, Jan. 14, 1983, 96 Stat. 2584, provided
in part that this Act [enacting this chapter and repeal-
ing chapter 52 (§ 2041 et seq.) of Title 7, Agriculture]
may be cited as the ‘‘Migrant and Seasonal Agricul-
tural Worker Protection Act’’.
§ 1802. Definitions
As used in this chapter—
(1) The term ‘‘agricultural association’’
means any nonprofit or cooperative associa-
tion of farmers, growers, or ranchers, incor-
porated or qualified under applicable State
law, which recruits, solicits, hires, employs,
furnishes, or transports any migrant or sea-
sonal agricultural worker.
(2) The term ‘‘agricultural employer’’ means
any person who owns or operates a farm,
ranch, processing establishment, cannery, gin,
packing shed or nursery, or who produces or
conditions seed, and who either recruits, solic-
its, hires, employs, furnishes, or transports
any migrant or seasonal agricultural worker.
(3) The term ‘‘agricultural employment’’
means employment in any service or activity
included within the provisions of section 3(f)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(f)), or section 3121(g) of title 26 and
the handling, planting, drying, packing, pack-
aging, processing, freezing, or grading prior to
delivery for storage of any agricultural or hor-
ticultural commodity in its unmanufactured
state.
(4) The term ‘‘day-haul operation’’ means
the assembly of workers at a pick-up point
waiting to be hired and employed, transpor-
tation of such workers to agricultural employ-
ment, and the return of such workers to a
drop-off point on the same day.
(5) The term ‘‘employ’’ has the meaning
given such term under section 3(g) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(g))
for the purposes of implementing the require-
ments of that Act [29 U.S.C. 201 et seq.].
(6) The term ‘‘farm labor contracting activ-
ity’’ means recruiting, soliciting, hiring, em-
ploying, furnishing, or transporting any mi-
grant or seasonal agricultural worker.
(7) The term ‘‘farm labor contractor’’ means
any person, other than an agricultural em-
ployer, an agricultural association, or an em-
ployee of an agricultural employer or agricul-
tural association, who, for any money or other
valuable consideration paid or promised to be
paid, performs any farm labor contracting ac-
tivity.
(8)(A) Except as provided in subparagraph
(B), the term ‘‘migrant agricultural worker’’
means an individual who is employed in agri-
cultural employment of a seasonal or other
temporary nature, and who is required to be
absent overnight from his permanent place of
residence.
(B) The term ‘‘migrant agricultural worker’’
does not include—
(i) any immediate family member of an ag-
ricultural employer or a farm labor con-
tractor; or
(ii) any temporary nonimmigrant alien
who is authorized to work in agricultural
employment in the United States under sec-
tions 1101(a)(15)(H)(ii)(a) and 1184(c) of title
8.
Page 745
TITLE 29—LABOR
§ 1803
(9) The term ‘‘person’’ means any individual,
partnership, association, joint stock company,
trust, cooperative, or corporation.
(10)(A) Except as provided in subparagraph
(B), the term ‘‘seasonal agricultural worker’’
means an individual who is employed in agri-
cultural employment of a seasonal or other
temporary nature and is not required to be ab-
sent overnight from his permanent place of
residence—
(i) when employed on a farm or ranch per-
forming field work related to planting, culti-
vating, or harvesting operations; or
(ii) when employed in canning, packing,
ginning, seed conditioning or related re-
search, or processing operations, and trans-
ported, or caused to be transported, to or
from the place of employment by means of a
day-haul operation.
(B) The term ‘‘seasonal agricultural worker’’
does not include—
(i) any migrant agricultural worker;
(ii) any immediate family member of an
agricultural employer or a farm labor con-
tractor; or
(iii) any temporary nonimmigrant alien
who is authorized to work in agricultural
employment in the United States under sec-
tions 1101(a)(15)(H)(ii)(a) and 1184(c) of title
8.
(11) The term ‘‘Secretary’’ means the Sec-
retary of Labor or the Secretary’s authorized
representative.
(12) The term ‘‘State’’ means any of the
States of the United States, the District of Co-
lumbia, the Virgin Islands, the Commonwealth
of Puerto Rico, and Guam.
(Pub. L. 97–470, § 3, Jan. 14, 1983, 96 Stat. 2584;
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 99–603, title I, § 101(b)(1)(A), Nov. 6, 1986,
100 Stat. 3372.)
Editorial Notes
REFERENCES IN TEXT
That Act, referred to in par. (5), is act June 25, 1938,
ch. 676, 52 Stat. 1060, known as the Fair Labor Stand-
ards Act of 1938, which is classified generally to chapter
8 (§ 201 et seq.) of this title. For complete classification
of this Act to the Code, see section 201 of this title and
Tables.
AMENDMENTS
1986—Par. (3). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’, which for purposes of codification was translated
as ‘‘title 26’’ thus requiring no change in text.
Pars. (8)(B)(ii), (10)(B)(iii). Pub. L. 99–603 substituted
‘‘1101(a)(15)(H)(ii)(a)’’ for ‘‘1101(a)(15)(H)(ii)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–603, title I, § 101(b)(2), Nov. 6, 1986, 100 Stat.
3372, as amended by Pub. L. 100–525, § 2(a)(2), Oct. 24,
1988, 102 Stat. 2610, provided that: ‘‘The amendments
made by paragraph (1) [amending this section and sec-
tions 1813 and 1851 of this title and repealing section
1816 of this title] shall apply to the employment, re-
cruitment, referral, or utilization of the services of an
individual occurring on or after the first day of the sev-
enth month beginning after the date of the enactment
of this Act [Nov. 6, 1986]; except that if the provisions
of section 274A of the Immigration and Nationality Act
[8 U.S.C. 1324a] are terminated as of a date under
[former] subsection (l) of such section, then such
amendments shall no longer apply as of such date.’’
[The provisions of section 1324a of Title 8, Aliens and
Nationality, were not terminated under subsection (l)
of section 1324a, and that subsection was repealed by
Pub. L. 104–208.]
EFFECTIVE DATE
Section effective 90 days from Jan. 14, 1983, see sec-
tion 524 of Pub. L. 97–470, set out as a note under sec-
tion 1801 of this title.
§ 1803. Applicability of chapter
(a) The following persons are not subject to
this chapter:
(1) FAMILY BUSINESS EXEMPTION.—Any indi-
vidual who engages in a farm labor con-
tracting activity on behalf of a farm, proc-
essing establishment, seed conditioning estab-
lishment, cannery, gin, packing shed, or nurs-
ery, which is owned or operated exclusively by
such individual or an immediate family mem-
ber of such individual, if such activities are
performed only for such operation and exclu-
sively by such individual or an immediate
family member, but without regard to whether
such individual has incorporated or otherwise
organized for business purposes.
(2) SMALL BUSINESS EXEMPTION.—Any person,
other than a farm labor contractor, for whom
the man-days exemption for agricultural labor
provided under section 13(a)(6)(A) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
213(a)(6)(A)) is applicable.
(3) OTHER
EXEMPTIONS.—(A) Any common
carrier which would be a farm labor con-
tractor solely because the carrier is engaged
in the farm labor contracting activity of
transporting any migrant or seasonal agricul-
tural worker.
(B) Any labor organization, as defined in sec-
tion 2(5) of the Labor Management Relations
Act (29 U.S.C. 152(5)) (without regard to the ex-
clusion of agricultural employees in that Act
[29 U.S.C. 141 et seq.]) or as defined under ap-
plicable State labor relations law.
(C) Any nonprofit charitable organization or
public or private nonprofit educational insti-
tution.
(D) Any person who engages in any farm
labor contracting activity solely within a
twenty-five mile intrastate radius of such per-
son’s permanent place of residence and for not
more than thirteen weeks per year.
(E) Any custom combine, hay harvesting, or
sheep shearing operation.
(F) Any custom poultry harvesting, breed-
ing, debeaking, desexing, or health service op-
eration provided the employees of the oper-
ation are not regularly required to be away
from their permanent place of residence other
than during their normal working hours.
(G)(i) Any person whose principal occupation
or business is not agricultural employment,
when supplying full-time students or other in-
dividuals whose principal occupation is not ag-
ricultural employment to detassel, rogue, or
otherwise engage in the production of seed and
to engage in related and incidental agricul-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter may be cited as the “Labor Management Relations Act, 1947”.
**(b)** Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another’s legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest.It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.
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Federal law — U.S. Code and appendices · legal_authorities
Page 34
TITLE 29—LABOR
§ 141
Sec.
152.
Definitions.
153.
National Labor Relations Board.
154.
National Labor Relations Board; eligibility
for reappointment; officers and employees;
payment of expenses.
155.
National Labor Relations Board; principal of-
fice, conducting inquiries throughout coun-
try; participation in decisions or inquiries
conducted by member.
156.
Rules and regulations.
157.
Right of employees as to organization, collec-
tive bargaining, etc.
158.
Unfair labor practices.
158a.
Providing facilities for operations of Federal
Credit Unions.
159.
Representatives and elections.
160.
Prevention of unfair labor practices.
161.
Investigatory powers of Board.
162.
Offenses and penalties.
163.
Right to strike preserved.
164.
Construction of provisions.
165.
Conflict of laws.
166.
Separability.
167.
Short title of subchapter.
168.
Validation of certificates and other Board ac-
tions.
169.
Employees with religious convictions; pay-
ment of dues and fees.
SUBCHAPTER III—CONCILIATION OF LABOR
DISPUTES; NATIONAL EMERGENCIES
171.
Declaration of purpose and policy.
172.
Federal Mediation and Conciliation Service.
173.
Functions of Service.
174.
Co-equal obligations of employees, their rep-
resentatives, and management to minimize
labor disputes.
175.
National Labor-Management Panel; creation
and composition; appointment, tenure, and
compensation; duties.
175a.
Assistance to plant, area, and industrywide
labor management committees.
176.
National emergencies; appointment of board
of inquiry by President; report; contents;
filing with Service.
177.
Board of inquiry.
178.
Injunctions during national emergency.
179.
Injunctions during national emergency; ad-
justment efforts by parties during injunc-
tio
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter—
(1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers.
(2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
(3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to
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Federal law — U.S. Code and appendices · legal_authorities
Page 37
TITLE 29—LABOR
§ 152
pressions, by depressing wage rates and the pur-
chasing power of wage earners in industry and
by preventing the stabilization of competitive
wage rates and working conditions within and
between industries.
Experience has proved that protection by law
of the right of employees to organize and bar-
gain collectively safeguards commerce from in-
jury, impairment, or interruption, and promotes
the flow of commerce by removing certain rec-
ognized sources of industrial strife and unrest,
by encouraging practices fundamental to the
friendly adjustment of industrial disputes aris-
ing out of differences as to wages, hours, or
other working conditions, and by restoring
equality of bargaining power between employers
and employees.
Experience has further demonstrated that cer-
tain practices by some labor organizations, their
officers, and members have the intent or the
necessary effect of burdening or obstructing
commerce by preventing the free flow of goods
in such commerce through strikes and other
forms of industrial unrest or through concerted
activities which impair the interest of the pub-
lic in the free flow of such commerce. The elimi-
nation of such practices is a necessary condition
to the assurance of the rights herein guaranteed.
It is hereby declared to be the policy of the
United States to eliminate the causes of certain
substantial obstructions to the free flow of com-
merce and to mitigate and eliminate these ob-
structions when they have occurred by encour-
aging the practice and procedure of collective
bargaining and by protecting the exercise by
workers of full freedom of association, self-orga-
nization, and designation of representatives of
their own choosing, for the purpose of negoti-
ating the terms
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Federal law — U.S. Code and appendices · legal_authorities
This chapter is intended to supplement State law, and compliance with this chapter shall not excuse any person from compliance with appropriate State law and regulation.
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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
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
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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Page 63
TITLE 29—LABOR
§ 203
1 So in original. Probably should be preceded by ‘‘in’’.
§ 202. Congressional finding and declaration of
policy
(a) The Congress finds that the existence, in
industries engaged in commerce or in the pro-
duction of goods for commerce, of labor condi-
tions 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) bur-
dens commerce and the free flow of goods in
commerce; (3) constitutes an unfair method of
competition in commerce; (4) leads to labor dis-
putes 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 chap-
ter, 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 condi-
tions above referred to in such industries with-
out substantially curtailing employment or
earning power.
(June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26,
1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93–259, § 7(a),
Apr. 8, 1974, 88 Stat. 62.)
Editorial Notes
AMENDMENTS
1974—Subsec. (a). Pub. L. 93–259 inserted finding of
Congress that employment of persons in domestic serv-
ice in households affects commerce.
1949—Subsec. (b). Act Oct. 26, 1949, inserted reference
to regulation of commerce with foreign nations.
Statut
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 203
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 203. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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 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 33⅓ 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 213
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 213. This identifies an authority to review, not proof of applicability.