V the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section b of this title. Employees who are 17 years of age may drive automobiles or trucks on public roadways only if—. B the employee holds a State license valid for the type of driving involved in the job performed and has no records of any moving violation at the time of hire;.
C the employee has successfully completed a State approved driver education course;. D the automobile or truck is equipped with a seat belt for the driver and any passengers and the employee's employer has instructed the employee that the seat belts must be used when driving the automobile or truck;.
E the automobile or truck does not exceed 6, pounds of gross vehicle weight;. G such driving is only occasional and incidental to the employee's employment. 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 more than 20 percent of an employee's worktime in any workweek. II by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade.
B The employment of a new entrant into the workforce under subparagraph A shall be permitted—. The provisions of sections , , and of this title shall not apply with respect to any employee engaged in the delivery of newspapers to the consumer or to any homeworker engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens including the harvesting of the evergreens or other forest products used in making such wreaths.
The provisions of section of this title shall not apply with respect to employees for whom the Secretary of Labor is authorized to establish minimum wage rates as provided in section a 3 1 of this title, except with respect to employees for whom such rates are in effect; and with respect to such employees the Secretary may make rules and regulations providing reasonable limitations and allowing reasonable variations, tolerances, and exemptions to and from any or all of the provisions of section of this title if he shall find, after a public hearing on the matter, and taking into account the factors set forth in section a 3 1 of this title, that economic conditions warrant such action.
The provisions of sections , , , and of this title shall not apply with respect to any employee whose services during the workweek are performed in a workplace within a foreign country or within territory under the jurisdiction of the United States other than the following: a State of the United States; the District of Columbia; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act ch.
The provisions of section of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year to any employee who—. A exclusively to provide services necessary and incidental to the ginning of cotton in an establishment primarily engaged in the ginning of cotton;. B exclusively to provide services necessary and incidental to the receiving, handling, and storing of raw cotton and the compressing of raw cotton when performed at a cotton warehouse or compress-warehouse facility, other than one operated in conjunction with a cotton mill, primarily engaged in storing and compressing;.
C exclusively to provide services necessary and incidental to the receiving, handling, storing, and processing of cottonseed in an establishment primarily engaged in the receiving, handling, storing, and processing of cottonseed; or. D exclusively to provide services necessary and incidental to the processing of sugar cane or sugar beets in an establishment primarily engaged in the processing of sugar cane or sugar beets; and.
Any employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section or section of this title. The provisions of section of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who—. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.
July 1, , 35 F. The Railway Labor Act, referred to in subsec. For complete classification of this Act to the Code see section of Title 45 and Tables.
Section a 5 of this title , referred to in subsec. Section a 3 of this title , referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section of Title 43 and Tables. Previously, " section of title 49 " substituted for "section of the Motor Carrier Act, [ 49 U. See subsec. A and B. A , struck out from the list references to trailers and aircraft, inserted reference to implements, and added subpar.
B incorporating references to trailers and aircraft. A , "sixty" for "sixty-four" in subpar. B , and "forty-six hours in any workweek for not more than two workweeks in that year, and" for "forty-eight hours in any other workweek in that year," in subpar. D , and added subpar. See section d of this title. Amendment by sections 4 to 7 of Pub. Amendment by sections 8, 9 d , and 11 of Pub. Functions vested by law including reorganization plans in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section of Reorg.
Section of Reorg. The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section of this title and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe.
B Except as provided in paragraph 4 B , during any month in which full-time students are to be employed in any retail or service establishment under certificates issued under this subsection the proportion of student hours of employment to the total hours of employment of all employees in such establishment may not exceed—. I the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period,.
II the maximum proportion for any corresponding month of student hours of employment to the total hours of employment of all employees in such establishment applicable to the issuance of certificates under this section at any time before the effective date of the Fair Labor Standards Amendments of for the employment of students by such employer, or.
III a proportion equal to one-tenth of the total hours of employment of all employees in such establishment,. I the proportion of hours of employment of students in such establishment to the total hours of employment of all employees in such establishment for the corresponding month of the twelve-month period immediately prior to the effective date of such Amendments,.
II the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period, or. For purpose of clauses i , ii , and iii of this subparagraph, the term "student hours of employment" means hours during which students are employed in a retail or service establishment under certificates issued under this subsection.
The Secretary shall by regulation prescribe standards and requirements to insure that this paragraph will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the minimum wage rate authorized by this paragraph is applicable.
B If the issuance of a special certificate under paragraph 1 or 2 for an employer will cause the number of students employed by such employer under special certificates issued under this subsection to exceed six, the Secretary may not issue such a special certificate for the employment of a student by such employer unless the Secretary finds employment of such student will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection.
If the issuance of a special certificate under paragraph 1 or 2 for an employer will not cause the number of students employed by such employer under special certificates issued under this subsection to exceed six—.
The requirement of this subparagraph shall not apply in the case of the issuance of special certificates under paragraph 3 for the employment of full-time students by institutions of higher education; except that if the Secretary determines that an institution of higher education is employing students under certificates issued under paragraph 3 but in violation of the requirements of that paragraph or of regulations issued thereunder, the requirements of this subparagraph shall apply with respect to the issuance of special certificates under paragraph 3 for the employment of students by such institution.
C No special certificate may be issued under this subsection unless the employer for whom the certificate is to be issued provides evidence satisfactory to the Secretary of the student status of the employees to be employed under such special certificate. D To minimize paperwork for, and to encourage, small businesses to employ students under special certificates issued under paragraphs 1 and 2 , the Secretary shall, by regulation or order, prescribe a simplified application form to be used by employers in applying for such a certificate for the employment of not more than six full-time students.
Such an application shall require only—. A lower than the minimum wage applicable under section of this title ,. B commensurate with those paid to nonhandicapped workers, employed in the vicinity in which the individuals under the certificates are employed, for essentially the same type, quality, and quantity of work, and.
A in the case of individuals paid on an hourly rate basis, wages paid in accordance with paragraph 1 will be reviewed by the employer at periodic intervals at least once every six months, and. B wages paid in accordance with paragraph 1 will be adjusted by the employer at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nonhandicapped individuals employed in the locality for essentially the same type of work.
An employee or the employee's parent or guardian may file such a petition for and in behalf of the employee or in behalf of the employee and other employees similarly situated.
No employee may be a party to any such action unless the employee or the employee's parent or guardian gives consent in writing to become such a party and such consent is filed with the Secretary. B Upon receipt of a petition filed in accordance with subparagraph A , the Secretary within ten days shall assign the petition to an administrative law judge appointed pursuant to section of title 5.
The administrative law judge shall conduct a hearing on the record in accordance with section of title 5 with respect to such petition within thirty days after assignment. C In any such proceeding, the employer shall have the burden of demonstrating that the special minimum wage rate is justified as necessary in order to prevent curtailment of opportunities for employment.
D In determining whether any special minimum wage rate is justified pursuant to subparagraph C , the administrative law judge shall consider—. E The administrative law judge shall issue a decision within thirty days after the hearing provided for in subparagraph B. Such action shall be deemed to be a final agency action unless within thirty days the Secretary grants a request to review the decision of the administrative law judge.
Either the petitioner or the employer may request review by the Secretary within fifteen days of the date of issuance of the decision by the administrative law judge.
F The Secretary, within thirty days after receiving a request for review, shall review the record and either adopt the decision of the administrative law judge or issue exceptions. The decision of the administrative law judge, together with any exceptions, shall be deemed to be a final agency action.
G A final agency action shall be subject to judicial review pursuant to chapter 7 of title 5. An action seeking such review shall be brought within thirty days of a final agency action described in subparagraph F. The Secretary may by regulation or order provide that sections and of this title shall not apply with respect to the employment by any elementary or secondary school of its students if such employment constitutes, as determined under regulations prescribed by the Secretary, an integral part of the regular education program provided by such school and such employment is in accordance with applicable child labor laws.
Effective date of the Fair Labor Standards Amendments of , referred to in subsec. Before the Secretary may issue a certificate under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection. Before the Secretary may issue a certificate or order under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection.
The Secretary was directed to report to Congress by July 1, , findings of such study with appropriate recommendations. May 24, , 15 F. The protection against discrimination afforded by the preceding sentence shall be available after August 1, , only for an employee who takes an action described in section 15 a 3 of such Act.
No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section or section of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section a 3 of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section a 3 of this title , including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Any employer who violates section m 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 such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages.
An action to recover the liability prescribed in the preceding sentences may be maintained against any employer including a public agency in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated.
No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. Managing meal and rest breaks. The FLSA doesn't require meal or rest periods, but breaks of up to 20 minutes must be paid. Employers should note that some states have more stringent laws and do require employers to provide breaks.
State laws that are more employee-friendly than federal law. In addition to meal- and rest-period laws, many states have their own minimum wages, overtime rules, exemption standards, and other wage and hour laws. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired.
Please log in as a SHRM member. Cancel Sign In. Except for institutions of higher education, employers wishing to use this provision must apply to the Department of Labor for a certificate of exemption.
Special rules also apply to state and local governments, employment involving volunteers, compensatory time in lieu of cash overtime pay, and jobs where tips are calculated as part of the wages. Wage-Hour Division investigators have the authority to take complaints, conduct investigations, and gather data on wages, hours, and other employment practices and conditions to determine compliance with the FLSA.
If violations are found, Wage-Hour officials may recommend fines and changes in employment practices, in addition to stipulating repayment of lost wages. Golden, Lonnie. Hansen, Fay. Kilberg, William J. Reynolds, Larry. Department of Labor. Employment Standards Administration. Wage-Hour Division. What can employers do to ensure compliance?
Maintaining accurate records of hours worked by nonexempt employees and prohibiting off-the-clock work have always created challenges for employers. As the concept of the workplace has changed, these challenges have increased. Well-crafted policies, training, and enforcement regarding off-the-clock work are keys to compliance.
Determining whether an employee is exempt or nonexempt is another common FLSA issue for employers.
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