29 U.S.C. ch. 8 — Fair Labor Standards (FLSA, §§ 201 et seq.)

Notice to employees

— Notice to employees (a) In general In accordance with regulations promulgated by the Secretary, an employer to which this chapter applies, shall provide to…

Relation to other laws

— Relation to other laws (a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal…

Definitions

— Definitions As used in this chapter— (a) “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any…

Employment under special certificates

— Employment under special certificates (a) Learners, apprentices, messengers The Secretary, to the extent necessary in order to prevent curtailment of…

Separability

— Separability If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the remainder of this…

Minimum wage

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

Maximum hours

— Maximum hours (a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as…

Child labor provisions

— Child labor provisions (a) Restrictions on shipment of goods; prosecution; conviction No producer, manufacturer, or dealer shall ship or deliver for shipment…

Short title

— Short title This chapter may be cited as the “Fair Labor Standards Act of 1938”.

Prohibited acts; prima facie evidence

— Prohibited acts; prima facie evidence (a) After the expiration of one hundred and twenty days from June 25, 1938 , it shall be unlawful for any person— (1)…

Exemptions

— Exemptions (a) Minimum wage and maximum hour requirements The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this…

Congressional finding and declaration of policy

— Congressional finding and declaration of policy (a) The Congress finds that the existence, in industries engaged in commerce or in the production of goods…

Court review of wage orders in Puerto Rico and the Virgin Islands

— Court review of wage orders in Puerto Rico and the Virgin Islands (a) Any person aggrieved by an order of the Secretary issued under section 208 1 of this…

Breastfeeding accommodations in the workplace

— Breastfeeding accommodations in the workplace (a) In general An employer shall provide— (1) a reasonable break time for an employee to express breast milk…

Liability for overtime work performed prior to July 20, 1949

— Liability for overtime work performed prior to July 20, 1949 No employer shall be subject to any liability or punishment under the Fair Labor Standards Act…

Protections for employees

— Protections for employees (a) Prohibition No employer shall discharge or in any manner discriminate against any employee with respect to his or her…

Collection of data

— Collection of data (a) Investigations and inspections The Administrator or his designated representatives may investigate and gather data regarding the…

Administration

— Administration (a) Creation of Wage and Hour Division in Department of Labor; Administrator There is created in the Department of Labor a Wage and Hour…

Attendance of witnesses

— Attendance of witnesses For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15…

Penalties

— Penalties (a) Fines and imprisonment Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be…

Injunction proceedings

— Injunction proceedings The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the…

Employment under special certificates

— Employment under special certificates (4)(B), during any month in which full-time students are to be employed in any retail or service establishment under…

Exemptions

— Exemptions (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit…

Maximum hours

— Maximum hours (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…

Protections for employees

— Protections for employees (2) No limitation on rights Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee…

Minimum wage

— Minimum wage (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…

Court review of wage orders in Puerto Rico and the Virgin Islands

— Court review of wage orders in Puerto Rico and the Virgin Islands leave to adduce additional evidence, and it is shown to the satisfaction of the court that…

Collection of data

— Collection of data practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom…

Relation to other laws

— Relation to other laws (1) of this title (except that the wage rate provided for in section 206(b) of this title shall apply to any employee who performed…

Prohibited acts; prima facie evidence

— Prohibited acts; prima facie evidence (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint…

Administration

— Administration 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services…

Definitions

— Definitions (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…

Child labor provisions

— Child labor provisions the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. (d) Proof of…

Penalties

— Penalties (2)(B) of this title shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken by the employer and all…

Breastfeeding accommodations in the workplace

— Breastfeeding accommodations in the workplace (2) Definitions In this subsection: (A) Air carrier The term “air carrier” has the meaning given such term in…

Minimum wage

— Minimum wage (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…

Exemptions

— Exemptions (6) any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the…

Maximum hours

— Maximum hours (2) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the…

Administration

— Administration (1) The Secretary shall submit biennially in January a report to the Congress covering his activities for the preceding two years and…

Definitions

— Definitions (3) For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such individual…

Court review of wage orders in Puerto Rico and the Virgin Islands

— Court review of wage orders in Puerto Rico and the Virgin Islands exceeds the compensation they actually receive while such stay is in effect.

Breastfeeding accommodations in the workplace

— Breastfeeding accommodations in the workplace (4) Definitions In this subsection: (A) Employee who maintains the right of way The term “employee who…

Penalties

— Penalties (2) legal or equitable relief is sought as a result of alleged violations of section 215(a)

Employment under special certificates

— Employment under special certificates prior to the effective date of such Amendments, (II) the proportion of student hours of employment to the total hours…

Penalties

— Penalties (3) or 218d of this title. (c) Payment of wages and compensation; waiver of claims; actions by the Secretary; limitation of actions The Secretary…

Administration

— Administration (3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have…

Exemptions

— Exemptions (8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four…

Breastfeeding accommodations in the workplace

— Breastfeeding accommodations in the workplace (2)(A), it shall not be considered a significant expense— (A) to modify or retrofit a motorcoach by installing…

Definitions

— Definitions (5) The term “employee” does not include individuals who volunteer their services solely for humanitarian purposes to private non-profit food…

Minimum wage

— Minimum wage (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees…

Employment under special certificates

— Employment under special certificates (5) 1 of this title or not less than $1.30 an hour, whichever is the higher, of full-time students (regardless of age…

Maximum hours

— Maximum hours (3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged…

Employment under special certificates

— Employment under special certificates (2) for an employer will cause the number of students employed by such employer under special certificates issued under…

Definitions

— Definitions the production thereof, in any State. (k) “Sale” or “sell” includes any sale, exchange, contract to sell, consignment for sale, shipment for…

Exemptions

— Exemptions (17) any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty…

Maximum hours

— Maximum hours (1) sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the…

Penalties

— Penalties on order of the Secretary of Labor, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to…

Minimum wage

— Minimum wage (4) As used in this subsection, the term “labor organization” means any organization of any kind, or any agency or employee representation…

Administration

— Administration 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report…

Breastfeeding accommodations in the workplace

— Breastfeeding accommodations in the workplace (1) Laws providing greater protection Nothing in this section shall preempt a State law or municipal ordinance…

Penalties

— Penalties (1) with respect to work heretofore or hereafter performed in a workplace to which the exemption in section 213(f) of this title is applicable, (2)…

Exemptions

— Exemptions (1) any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant…

Employment under special certificates

— Employment under special certificates (3) but in violation of the requirements of that paragraph or of regulations issued thereunder, the requirements of…

Administration

— Administration the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority). Nothing in this…

Maximum hours

— Maximum hours (4) contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement…

Definitions

— Definitions (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall…

Minimum wage

— Minimum wage (1) and (f) thereof) and the provisions of chapter 67 of title 41, every employer in an establishment providing linen supply services to the…

Employment under special certificates

— Employment under special certificates (1) The Secretary, to the extent necessary to prevent curtailment of opportunities for employment, shall by regulation…

Exemptions

— Exemptions (9) any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located…

Definitions

— Definitions (1) “Wage” paid to any employee includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee…

Minimum wage

— Minimum wage (1), any employer may pay any employee of such employer, during the first 90 consecutive calendar days after such employee is initially employed…

Maximum hours

— Maximum hours (8) any value or income derived from employer-provided grants or rights provided pursuant to a stock option, stock appreciation right, or bona…

Penalties

— Penalties (2) Any person who repeatedly or willfully violates section 206 or 207 of this title, relating to wages, shall be subject to a civil penalty not to…

Employment under special certificates

— Employment under special certificates (4) Nothing in this subsection shall be construed to prohibit an employer from maintaining or establishing work…

Definitions

— Definitions (1) of this title . The additional amount on account of tips may not exceed the value of the tips actually received by an employee. The preceding…

Exemptions

— Exemptions (12) any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not…

Maximum hours

— Maximum hours (7) if— (A) grants are made pursuant to a program, the terms and conditions of which are communicated to participating employees either at the…

Exemptions

— Exemptions (16) any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the…

Definitions

— Definitions (1) “Enterprise” means the related activities performed (either through unified operation or common control) by any person or persons for a…

Employment under special certificates

— Employment under special certificates (5) (A) Notwithstanding any other provision of this subsection, any employee receiving a special minimum wage at a rate…

Maximum hours

— Maximum hours (a) if such employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective…

Exemptions

— Exemptions (24) any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children— (A) who are orphans…

Definitions

— Definitions (1), the activities performed by any person or persons— (A) in connection with the operation of a hospital, an institution primarily engaged in…

Employment under special certificates

— Employment under special certificates The administrative law judge shall issue a decision within thirty days after the hearing provided for in subparagraph…

Maximum hours

— Maximum hours (7) of subsection (e) shall be creditable toward overtime compensation payable pursuant to this section. (i) Employment by retail or service…

Definitions

— Definitions (1) “Enterprise engaged in commerce or in the production of goods for commerce” means an enterprise that— (A) (i) has employees engaged in…

Exemptions

— Exemptions (29) any employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife…

Definitions

— Definitions (2) Any establishment that has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate…

Exemptions

— Exemptions (5) 1 of this title, (B) is twelve years or thirteen years of age and (i) such employment is with the consent of his parent or person standing in…

Maximum hours

— Maximum hours (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. In…

Definitions

— Definitions (2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the…

Exemptions

— Exemptions (4) (A) An employer or group of employers may apply to the Secretary for a waiver of the application of section 212 of this title to the…

Maximum hours

— Maximum hours (1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours…

Exemptions

— Exemptions they are living while so employed; (ii) such individuals while so employed commute daily from their permanent residence to the farm on which they…

Maximum hours

— Maximum hours (1) is employed by such employer— (A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of…

Exemptions

— Exemptions (5) (A) In the administration and enforcement of the child labor provisions of this chapter, employees who are 16 and 17 years of age shall be…

Maximum hours

— Maximum hours (2) A public agency may provide compensatory time under paragraph (1) only— (A) pursuant to— (i) applicable provisions of a collective…

Exemptions

— Exemptions a description of the injury and a narrative describing how the incident occurred; and (V) the name of the manufacturer and the model number of the…

Maximum hours

— Maximum hours (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee’s employer to use such time within a…

Exemptions

— Exemptions For purposes of subparagraph (G), the term “occasional and incidental” is no more than one-third of an employee’s worktime in any workday and no…

Maximum hours

— Maximum hours (2) If an employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency undertakes, on…

Exemptions

— Exemptions (7) (A) (i) Subject to subparagraph (B), in the administration and enforcement of the child labor provisions of this chapter, it shall not be…

Maximum hours

— Maximum hours (2) designed to provide reading and other basic skills at an eighth grade level or below; and (3) does not include job specific training.

Exemptions

— Exemptions (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled…