The fair labor standards act of 1938, as amended




Yüklə 477.68 Kb.
səhifə6/8
tarix17.04.2016
ölçüsü477.68 Kb.
1   2   3   4   5   6   7   8

94 Added by section 11 of the Fair Labor Standards Amendments of 1977, effective


November 1, 1977.

95 The last clause of section 13(a)(3) of the Act was added by section 4(a) of the Fair


Labor Standards Amendments of 1977, effective January 1, 1978. See also section

13(b)(29) of the Act, as added by the 1977 Amendments.

96 Prior to the Fair Labor Standards Amendments of 1966, the section 13(a)(6)

exemption was applicable to all agricultural employees.

-------------------------------------------------------------------------------------------------------

(7) any employee to the extent that such em-

ployee is exempted by regulations, order, or certificate

of the Secretary issued under section 14; or

(8) 97 any employee employed in connection with

the publication of any weekly, semi-weekly, or daily

newspaper with a circulation of less than four thou-

sand the major part of which circulation is within

the county where published or counties contiguous

thereto; or

(9) * * * (Repealed)

[Note: Section 13(a)(9) (relating to motion pic-

ture theater employees) was repealed by section 23 of

the Fair Labor Standards Amendments of 1974. The

1974 amendments created an exemption for such em-

ployees from the overtime provisions only in section

13(b)(27).]

(10) any switchboard operator employed by an in-

dependently owned public telephone company which

has not more than seven hundred and fifty stations;

or

(11) * * * (Repealed)



[Note: Section 13(a)(11) (relating to telegraph

agency employees) was repealed by section 10 of the

Fair Labor Standards Amendments of 1974. The 1974

amendments created an exemption from the overtime

provisions only in section 13(b)(23), which was re-

pealed effective May 1, 1976.]

(12) any employee employed as a seaman on a ves-

sel other than an American vessel; or

(13) * * * (Repealed)

[Note: Section 13(a)(13) (relating to small log-

ging crews) was repealed by section 23 of the Fair La-

bor Standards Amendments of 1974. The 1974 amend-

ments created an exemption for such employees from

the overtime provisions only in Section 13(b)(28).]

(14) * * * (Repealed)

[Note: Section 13(a)(14) (relating to employees

employed in growing and harvesting of shade grown

tobacco) was repealed by section 9 of the Fair Labor

Standards Amendments of 1974. The 1974 amendments

created an exemption for certain tobacco producing

employees from the overtime provisions only in sec-

tion 13(b)(22). The section 13(b)(22) exemption was

repealed, effective January 1, 1978, by section 5 of the

Fair Labor Standards Amendments of 1977.]

(15) any employee employed on a casual basis in

domestic service employment to provide babysitting

services or any employee employed in domestic ser-

vice employment to provide companionship services

for individuals who (because of age or infirmity) are

unable to care for themselves (as such terms are de-

fined and delimited by regulations of the Secretary);

or

(16)98 a criminal investigator who is paid availability



pay under section 5545a of Title 5, United States

Code; or


(17)99 any employee who is a computer systems

analyst , computer programmer, software engineer, or

other similarly skilled worker, whose primary duty is —

(A) the application of systems analysis

techniques and procedures, including consulting with

users, to determine hardware, software, or system

functional specifications;

(B) the design, development, documentation,

analysis, creation, testing, or modification of

computer systems or programs, including prototypes,

based on and related to user or system design

specifications;

(C) the design, documentation, testing,

creation, or modification of computer programs

related to machine operating systems; or

(D) a combination of duties described in

subparagraphs (A), (B), and (C) the performance

of which requires the same level of skills, and

who, in the case of an employee who is compensated

on an hourly basis, is compensated at a rate of not

less than $27.63 an hour.

(b) The provisions of section 7 shall not apply with

respect to -

(1) any employee with respect to whom the Sec-

retary of Transportation 100 has power to establish

qualifications and maximum hours of service pursu-

ant to the provisions of section 204 of the Motor Car-

rier Act, 1935 101 ; or

(2) any employee of an employer engaged in the

operation of a common carrier by rail and subject to

the provisions of part I of the Interstate Commerce

Act; or


(3) any employee of a carrier by air subject to

the provisions of title II of the Railway Labor Act; or

------------------------------------------------------------------------------------------------

97 As amended by the Fair Labor Standards Amendments of 1966 (which deleted

the words “printed and” which formerly preceded the word “published”).

98 Added by section 633(d) of Public Law 103Œ329 (108 Stat. 2428), effective Sep-


tember 30, 1994.

99 Added by section 2105(a) of the Small Business Job Protection Act of 1996, effec-


tive August 20, 1996.

100 As amended by the Department of Transportation Act, 80 Stat. 931, which sub-


stituted itSecretary of Transportationl_ for ioInterstate Commerce Commission.lc

101 Section 204 of the original Motor Carrier Act is now codified at 49 U.S.C. 3102..19


------------------------------------------------------------------------------------------------

(4) * * * (Repealed)

[Note: Section 13(b)(4) (relating to employees in

the canning, processing, marketing, freezing, curing,

storing, packing for shipment, or distributing of any

kind of fish, shellfish, or other aquatic forms of ani-

mal or vegetable life, or any byproduct thereof) was

repealed, effective May 1, 1976, by section 11 of the Fair

Labor Standards Amendments of 1974.]

(5) any individual employed as an outside buyer

of poultry, eggs, cream, or milk, in their raw or natu-

ral state; or

(6) any employee employed as a seaman; or

(7) * * * (Repealed)

[Note: Section 13(b)(7) (relating to any driver,

operator, or conductor employed by an employer en-

gaged in the business of operating a street, suburban

or interurban electric railway, or local trolley or

motorbus carrier) was repealed, effective May 1, 1976,

by section 21 of the Fair Labor Standards Amendments

of 1974. 102 ]

(8) * * * (Repealed)

[Note: Section 13(b)(8) (relating to any employee

employed by a hotel, motel, or restaurant) was re-

pealed, effective January 1, 1979, by section 14 of the

Fair Labor Standards Amendments of 1977.]

(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 (A) in a

city or town of one hundred thousand population or

less, according to the latest available decennial cen-

sus figures as compiled by the Bureau of the Census,

except where such city or town is part of a standard

metropolitan statistical area, as defined and desig-

nated by the Bureau of the Budget, which has a total

population in excess of one hundred thousand, or (B)

in a city or town of twenty-five thousand population

or less, which is part of such an area but is at least 40

airline miles from the principal city in such area; or

(10) (A) any salesman, partsman, or mechanic

primarily engaged in selling or servicing automo-

biles, trucks, or farm implements, if he is employed

by a nonmanufacturing establishment primarily

engaged in the business of selling such vehicles or

implements to ultimate purchasers; or

(B) any salesman primarily engaged in sell-

ing trailers, boats, or aircraft, if he is employed

by a nonmanufacturing establishment primarily

engaged in the business of selling trailers, boats,

or aircraft to ultimate purchasers; 103 or

(11) any employee employed as a driver or driver’s

helper making local deliveries, who is compensated

for such employment on the basis of trip rates, or other

delivery payment plan, if the Secretary shall find that

such plan has the general purpose and effect of re-

ducing hours worked by such employees to, or below,

the maximum workweek applicable to them under sec-

tion 7(a); or

(12) any employee employed in agriculture or in

connection with the operation or maintenance of ditches,

canals, reservoirs, or waterways, not owned or operated

for profit, or operated on a sharecrop basis, and which

are used exclusively for supply and storing of water for

agriculture purposes, 104 or

(13) any employee with respect to his employment

in agriculture by a farmer, notwithstanding other em-

ployment of such employee in connection with livestock

auction operations in which such farmer is engaged as

an adjunct to the raising of livestock, either on his own

account or in conjunction with other farmers, if such

employee (A) is primarily employed during his work-

week in agriculture by such farmer, and (B) is paid for

his employment in connection with such livestock auc-

tion operations at a wage rate not less than that pre-

scribed by section 6(a)(1); 105 or

(14) any employee employed within the area of pro-

duction (as defined by the Secretary) by an establish-

ment commonly recognized as a country elevator, in-

cluding such an establishment which sells products and

services used in the operation of a farm, if no more than

five employees are employed in the establishment in such

operations; 106 or

(15) any employee engaged in the processing of

maple sap into sugar (other than refined sugar) or

syrup; 107 or

(16) any employee engaged (A) in the transporta-

tion and preparation for transportation of fruits and

-----------------------------------------------------------------------------------------------------

102 Prior to the Fair Labor Standards Amendments of 1966, employees of local transit

companies were exempt from both the Act’s minimum wage and overtime require-

ments.

103 Boats were added by the Fair Labor Standards Amendments of 1974. Prior to



these Amendments, the overtime exemption in subsection (B) also applied to partsmen

and mechanics. An earlier minimum wage exemption for any employee of a retail or

service establishment which is primarily engaged in the business of selling auto-

mobiles, trucks or farm implements was repealed by the Fair Labor Standards

Amendments of 1966.

104 A minimum wage exemption for these employees was repealed by the Fair La-

bor Standards Amendments of 1966.

105 Ibid.

106 Ibid.

107 The exemption applicable to the ginning of cotton and the processing of sugar

beets and sugar cane was deleted from section 13(b)(15) by the Fair Labor Stan-

dards Amendments of 1974 and provision was made for such employees in sections

13(b)(25) and 13(b)(26). The exemptions in sections 13(b)(25) and 13(b)(26) were

repealed, effective January 1, 1978, by the Fair Labor Standards Amendments of

1977, and provision was made for such employees in sections 13(i) and 13(j), which

were added to the Act by those Amendments.


-------------------------------------------------------------------------------------------------------

vegetables, whether or not performed by the farmer, from

the farm to a place of first processing or first marketing

within the same State, or (B) in transportation, whether

or not performed by the farmer, between the farm and

any point within the same State of persons employed or

to be employed in the harvesting of fruits or vegetables; 108

or

(17) any driver employed by an employer engaged



in the business of operating taxicabs; 109 or

(18) * * * (Repealed)

[Note: Section 13(b)(18) (relating to any employee

of a retail or service establishment who is employed

primarily in connection with the preparation or offer-

ing of food or beverages for human consumption, ei-

ther on the premises, or by such services as catering,

banquet, box lunch, or curb or counter service, to the

public, to employees, or to members or guests of mem-

bers of clubs) was repealed, effective May 1, 1976, by

section 15 of the Fair Labor Standards Amendments

of 1974.] 110

(19) * * * (Repealed)

[Note: Section 13(b)(19) (relating to any employee

of a bowling establishment) was repealed, effective

May 1, 1976, by section 16 of the Fair Labor Standards

Amendments of 1974.]

(20) any employee of a public agency who in any

workweek is employed in fire protection activities or

any employee of a public agency who in any workweek

is employed in law enforcement activities (including

security personnel in correctional institutions), if the

public agency employs during the workweek less than

5 employees in fire protection or law enforcement ac-

tivities, as the case may be; 111 or

[Note: Section 6©(3) of the Fair Labor Standards

Amendments of 1974 provided as follows: ioThe Secre-

tary of Labor shall in the calendar year beginning

January 1, 1976, conduct (A) a study of the average

number of hours in tours of duty in work periods in

the preceding calendar year of employees (other than

employees exempt from section 7 of the Fair Labor

Standards Act of 1938 by section 13(b)(20) of such Act)

of public agencies who are employed in fire protection

activities, and (B) a study of the average number of

hours in tours of duty in work periods in the preced-

ing calendar year of employees (other than employees

exempt from section 7 of the Fair Labor Standards Act

of 1938 by section 13(b)(20) of such Act) of public agen-

cies who are employed in law enforcement activities

(including security personnel in correctional institu-

tions). The Secretary shall publish the results of each

such study in the Federal Register.la The results of the

Secretary™s study were published in the Federal Reg-

ister on September 8, 1983. The Secretary determined

hours standards for law enforcement employees at 171

and for fire protection employees at 212 in a 28-day

period (48 FR 40,518).]

(21) any employee who is employed in domestic

service in a household and who resides in such house-

hold; or

(22) * * * (Repealed)

[Note: Section 13(b)(22) (relating to employees em-ployed

in the growing and harvesting of shade grown

tobacco 112 ) was repealed, effective January 1, 1978, by

section 5 of the Fair Labor Standards Amendments of

1977.]

(23) * * * (Repealed)



[Note: Section 13(b)(23) (relating to any employee

or proprietor in a retail or service establishment which

qualifies as an exempt retail or service establishment

under section 13(a)(2), who is engaged in handling

telegraphic messages for the public 113 ) was repealed,

effective May 1, 1976, by section 10 of the Fair Labor

Standards Amendments of 1974.]

(24) any employee who is employed with his

spouse by a non-profit educational institution to serve

as the parents of children Š

(A) who are orphans or one of whose natu-

ral parents is deceased, or 114

(B) who are enrolled in such institution and

reside in residential facilities of the institution,

while such children are in residence at such in-

stitution, if such employee and his spouse reside

in such facilities, receive, without cost, board and

lodging from such institution, and are together

compensated, on a cash basis, at an annual rate

of not less than $10,000; or

(25) * * * (Repealed)

[Note: Section 13(b)(25) (relating to any employee

engaged in ginning cotton for market in any place of

---------------------------------------------------------------------------------------------------------------------------------------------

108 See footnote 104.

109 Ibid.

110 Ibid.

111 Prior to January 1, 1975, section 13(b)(20) exempted ixany employee of a public

agency who is employed in fire protection or law enforcement activities (including

security personnel in correctional institutions).l_ A partial overtime exemption for

public agencies having 5 or more such employees is provided by section 7(k) of the

Act.


112 A minimum wage exemption for these employees was repealed by the Fair

Labor Standards Amendments of 1974.

113 Ibid.

114 120 Cong. Rec. H8600 (March 28, 1974; statement of Congressman Dent) indi-

cates that the word “and” was intended in place of “or”.

-----------------------------------------------------------------------------------------------------

employment located in a county where cotton is grown

in commercial quantities 115 ) was repealed by section 6(a)

of the Fair Labor Standards Amendments of 1977, and

is replaced by new section 13(i), added by section 6(b)

of those Amendments, which provides a more limited

overtime exemption for such employees. Both changes

were effective January 1, 1978.]

(26) * * * (Repealed)

[Note: Section 13(b)(26) (relating to any employee

who is engaged in the processing of sugar beets, sugar

beet molasses, or sugarcane into sugar (other than re-fined

sugar) or syrup was repealed by section 7(a) of

the Fair Labor Standards Amendments of 1977, and is

replaced by new section 13(j), added by section 7(b) of

those Amendments, which provides a more limited over-time

exemption for such employees. Both changes were

effective January 1, 1978.]

(27) any employee employed by an establishment

which is a motion picture theater; 116 or

(28) any employee employed in planting or tend-

ing trees, cruising, surveying, or felling timber, or in

preparing or transporting logs or other forestry prod-

ucts to the mill, processing plant, railroad, or other

transportation terminal, if the number of employees

employed by his employer in such forestry or lumber-

ing operations does not exceed eight; 117 or

(29)118 any employee of an amusement or recreational

establishment located in a national park or national

forest or on land in the National Wildlife Refuge

System if such employee (A) is an employee of a private

entity engaged in providing services or facilities in

a national park or 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,

and (B) receives compensation for employment in excess

of fifty-six hours in any workweek at a rate not less

than one and one-half times the regular rate at which

he is employed; or

(30)119 a criminal investigator who is paid availabili-

ty pay under section 5545a of Title 5, United States

Code.

(c) (1) Except as provided in paragraphs (2) or



(4), the provisions of section 12 relating to child labor

shall not apply to any employee employed in agricul-

ture outside of school hours for the school district where

such employee is living while he is so employed, if such

employee Š

(A) is less than twelve years of age and (i)

is employed by his parent, or by a person stand-

ing in the place of his parent, on a farm owned or

operated by such parent or person, or (ii) is em-

ployed, with the consent of his parent or person

standing in the place of his parent, on a farm, none

of the employees of which are (because of section

13(a)(6)(A)) required to be paid at the wage rate

prescribed by section 6(a)(5),

(B) is twelve years or thirteen years of age

and (i) such employment is with the consent of

his parent or person standing in the place of his

parent, or (ii) his parent or such person is em-

ployed on the same farm as such employee, or

(C) is fourteen years of age or older.

(2) The provisions of section 12 relating to child

labor shall apply to an employee below the age of sixteen

employed in agriculture in an occupation that the Sec-

retary of Labor finds and declares to be particularly haz-

ardous for the employment of children below the age of

sixteen, except where such employee is employed by his

parent or by a person standing in the place of his parent

on a farm owned or operated by such parent or person.

(3) The provisions of section 12 relating to child

labor shall not apply to any child employed as an actor

or performer in motion pictures or theatrical produc-

tions, or in radio or television productions.

(4)120 (A) An employer or group of employers may

apply to the Secretary for a waiver of the application

of section 12 to the employment for not more

than eight weeks in any calendar year of individuals

who are less than twelve years of age, but not

less than ten years of age, as hand harvest laborers

in an agricultural operation which has been, and

is customarily and generally recognized as being,

paid on a piece rate basis in the region in which

such individuals would be employed. The Secretary

may not grant such a waiver unless he finds,

based on objective data submitted by the applicant,

that —

(i) the crop to be harvested is one with



a particularly short harvesting season and the

application of section 12 would cause severe

------------------------------------------------------

1   2   3   4   5   6   7   8


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə