The fair labor standards act of 1938, as amended




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88 Section 9 of the Fair Labor Standards Amendments of 1949, as amended by


Reorganization Plan No. 6 of 1950.

89 As amended by section 10(a) of the Fair Labor Standards Amendments of 1949.

90 See footnotes 10 and 28.

91 Section 10(b) of the Fair Labor Standards Amendments of 1949 as amended by

section 8 of the Fair Labor Standards Amendments of 1961.

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(d) In order to carry out the objectives of this sec-

tion, the Secretary may by regulation require employ-

ers to obtain from any employee proof of age.
Exemptions

SEC. 13. 92 (a) The provisions of sections 6 (except sec-

tion 6(d) in the case of paragraph (1) of this subsection) 93

and 7 shall not apply with respect to -

(1) any employee employed in a bona fide execu-

tive, administrative, or professional capacity (includ-

ing any employee employed in the capacity of academic

administrative personnel or teacher in elementary or

secondary schools), or in the capacity of outside sales-

man (as such terms are defined and delimited from

time to time by regulations of the Secretary, subject

to the provisions of the Administrative Procedure Act,

except that an employee of a retail or service estab-

lishment shall not be excluded from the definition of

employee employed in a bona fide executive or admin-

istrative capacity because of the number of hours

in his workweek which he devotes to activities not

directly or closely related to the performance of ex-

ecutive or administrative activities, if less than 40 per

centum of his hours worked in the workweek are

devoted to such activities); or

(2) * * * (Repealed)

[Note: Section 13(a)(2) (relating to employees

employed by certain retail or service establishments)

was repealed, effective April 1, 1990, by section

3(c)(1) of the Fair Labor Standards Amendments of

1989.]

(3) any employee employed by an establishment



which is an amusement or recreational establishment,

organized camp, or religious or non-profit educational

conference center,94 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 33 1 /3 per

centum of its average receipts for the other six months

of such year, except that the exemption from sections 6

and 7 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 6, a private entity engaged

in providing services and facilities directly related to ski-ing)

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;95 or

(4) * * * (Repealed)

[Note: Section 13(a)(4) (relating to employees

employed by certain retail establishments) was

repealed, effective April 1, 1990, by section 3(c)(1) of

the Fair Labor Standards Amendments of 1989.]

(5) any employee employed in the catching, tak-

ing, propagating, harvesting, cultivating, or farming

of any kind of fish, shellfish, crustacea, sponges,

seaweeds, or other aquatic forms of animal and veg-

etable life, or in the first processing, canning or pack-

ing such marine products at sea as an incident to, or

in conjunction with, such fishing operations, includ-

ing the going to and returning from work and load-

ing and unloading when performed by any such em-

ployee; 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 cal-

endar 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 imme-

diate family, © 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 agricul-

ture less than thirteen weeks during the preceding cal-

endar year, (D) if such employee (other than an employee

described in clause © of this subsection) (i) is sixteen

years of age or under and is employed as a hand har-

vest laborer, is paid on a piece rate basis in an operation

which has been, and is customarily and generally rec-

ognized 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 par-

ent, 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 pro-

duction of livestock; 96 or

92 Section 13 as amended by section 11 of the Fair Labor Standards Amendments

of 1949; by Reorganization Plan no. 6 of 1950; and as further amended by the Fair

Labor Standards Amendments of 1961, 1966, 1974, 1977, and 1989.

93 As amended by the Education Amendments of 1972, 86 Stat. 235 at 375, effective


July 1, 1972.

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