Title 29--LABOR
Chapter V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR


Act (MSPA), hereinafter referred to as MSPA or the Act, repeals and replaces the Farm Labor Contractor Registration Act of 1963, as amended, hereinafter referred to as...


Agricultural Worker Protection Act that ``[I]t is the purpose of this Act to remove the restraints on commerce caused by activities detrimental to migrant and...


intended to supplement State law; compliance with the Act or these regulations shall not excuse any individual from compliance with appropriate State law...


Act. (a) The provisions of the Migrant and Seasonal Agricultural Worker Protection Act are effective on April 14, 1983, and are codified in 29 U.S.C. 1801...


Act. The Secretary may refuse to issue or to renew, or may suspend or revoke, a Certificate of Registration under the Act, if the applicant or holder...


all applications, notices and other documents required or permitted to be filed by these regulations shall be filed in accordance with the provisions of subpart F of...


data submitted in compliance with provisions of the Act or these regulations are subject to title 18, section 1001, of the United States Code, which provides: ...


to a complaint or otherwise, shall, as may be appropriate, investigate and, in connection therewith, enter and inspect such places (including housing and vehicles) and...


violation of section 512(c) of the Act for any person to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform...


to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has,...


waive or modify any rights inuring to said person under the Act or these regulations shall be void as contrary to public policy, except that a waiver or modification of rights...


the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor, and such authorized representatives as may be designated...


individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or...


Registration in general. Registration Requirements; General Any person who desires to engage in any activity as a farm...


Farm labor contractor is responsible for actions of his farm labor contractor employee. (a) A farm labor contractor is responsible for assuring that...


Certificate of Registration to be carried and exhibited. Each registered farm labor contractor and registered farm labor contractor employee shall carry at all...


Effect of failure to produce certificate. The facilities and the services authorized by the Wagner-Peyser Act shall be denied to any farm labor contractor upon...


Form of application. An application for issuance or renewal of a Farm Labor Contractor Certificate of Registration or Farm Labor Contractor Employee...


Contents of application. The application shall set forth the information required thereon which shall include the following: (a) A declaration,...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.46] [Page 23] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart B--Registration of Farm Labor Contractors and Employees of Farm Labor Contractors Engaged in Farm Labor Contracting Activities Sec. 500.46 Filing an application. Registration under the Act is required whether or not licensing or registration is required under State law. ...


Place for filing application. Application forms may be filed in any State Employment Service Office or in any office of the Wage and Hour Division, U.S....


Issuance of certificate. The Administrator or authorized representative shall: (a) Review each application received and determine whether such...


Duration of certificate. (a) Initial certificates of farm labor contractors and farm labor contractor employees. (1) An initial certificate issued under the...


Refusal to issue or to renew, or suspension or revocation of certificate. The Secretary may suspend or revoke or refuse to issue or to renew a Certificate...


Right to hearing. Any applicant or holder who desires an administrative hearing on the determination to refuse to issue or to renew, or to suspend or to revoke,...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.53] [Page 25] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart B--Registration of Farm Labor Contractors and Employees of Farm Labor Contractors Engaged in Farm Labor Contracting Activities Sec. 500.53 Nontransfer of certificate. A Certificate of Registration may not be transferred or assigned. ...


Change of address. During the period for which the Certificate of Registration or Employee Certificate is in effect, each farm labor contractor or farm...


Changes to or amendments of certificate authority. (a) During the period for which the Certificate of Registration is in effect, a farm labor contractor must...


Replacement of Certificate of Registration or Farm Labor Contractor Employee Certificate. If a Certificate of Registration or a Farm Labor Contractor...


Farm labor contractors' recruitment, contractual and general obligations. The Act imposes certain specific recruitment, contractual and general obligations...


Farm labor contractors must comply with all worker protections and all other statutory provisions. Every farm labor contractor must comply with all of the...


Obligations of a person holding a valid Farm Labor Contractor Employee Certificate of Registration. Any person holding a valid Farm Labor Contractor...


(a) General. The Act provides protections for migrant and seasonal agricultural workers irrespective of whether they are employed by a farm labor contractor,...


person from utilizing the services of a farm labor contractor to supply migrant or seasonal agricultural workers without first taking reasonable steps to determine that the...


employers and agricultural associations from violating, without justification, the terms of any working arrangements they have made with migrant or...


The Act prohibits a farm labor contractor, agricultural employer or agricultural association from requiring a migrant or seasonal agricultural worker to purchase goods...


Labor optional forms may be used to satisfy the requirements of disclosure under the Act. (b) Each farm labor contractor, agricultural employer, and...


Labor optional forms may be used to satisfy the requirements of disclosure under the Act. (b) Each farm labor contractor, agricultural employer and...


or agricultural association shall knowingly provide false or misleading information on the terms, conditions or existence of agricultural employment and...


and agricultural association shall make all required written disclosures to the worker, including the written disclosures of the terms and conditions of occupancy...


and agricultural association which employs any migrant or seasonal agricultural worker shall make and keep the following records with respect to each worker including...


and agricultural association which employs any migrant or seasonal agricultural worker must pay the wages owed such worker when due. In meeting this responsibility, the...


Migrant Workers Sec. 500.100 Vehicle safety obligations. Motor Vehicle Safety (a) General...


Migrant Workers Sec. 500.101 Promulgation and adoption of vehicle standards. (a) General. All transportation of migrant and seasonal...


Migrant Workers Sec. 500.102 Applicability of vehicle safety standards. (a) Any passenger automobile or station wagon used or caused to...


Migrant Workers Sec. 500.103 Activities not subject to vehicle safety standards. (a) Agricultural machinery and equipment excluded. Vehicle...


Migrant Workers Sec. 500.104 Department of Labor standards for passenger automobiles and station wagons and transportation of seventy-five miles...


Migrant Workers Sec. 500.105 DOT standards adopted by the Secretary. (a) Any farm labor contractor, agricultural employer or...


Migrant Workers Sec. 500.120 Insurance policy or liability bond is required for each vehicle used to transport any migrant or seasonal...


Migrant Workers Sec. 500.121 Coverage and level of insurance required. (a) Except where a liability bond pursuant to Sec. 500.124 of...


Migrant Workers Sec. 500.122 Adjustments in insurance requirements when workers' compensation coverage is provided under State law. (a) If...


Migrant Workers Sec. 500.123 Property damage insurance required. (a) When a person who is an employer of a migrant or...


Migrant Workers Sec. 500.124 Liability bond in lieu of insurance policy. Financial responsibility in lieu of insurance may be evidenced by...


Migrant Workers Sec. 500.125 Qualifications and eligibility of insurance carrier or surety. A policy of insurance or liability bond does...


Migrant Workers Sec. 500.126 Duration of insurance or liability bond. Any insurance policy or liability bond which is obtained pursuant...


Migrant Workers Sec. 500.127 Limitations on cancellation of insurance or liability bond of registered farm labor contractors. ...


Migrant Workers Sec. 500.128 Cancellation of insurance policy or liability bond not relief from insurance requirements. ...


Migrant Workers Sec. 500.130 Application and scope of safety and health requirement. (a) Each person who owns or controls a facility or...


Migrant Workers Sec. 500.131 Exclusion from housing safety and health requirement. The housing safety and health requirements do not apply to...


Migrant Workers Sec. 500.132 Applicable Federal standards: ETA and OSHA housing standards. (a) The Secretary has determined that the...


Migrant Workers Sec. 500.133 Substantive Federal and State safety and health standards defined. Substantive safety and health standards...


Migrant Workers Sec. 500.134 Compliance with State standards. Compliance with the substantive Federal housing safety and health...


Migrant Workers Sec. 500.135 Certificate of housing inspection. (a) Except as provided in paragraph (c) of this section, a facility...


have been violated he shall take such action and institute such proceedings as he deems appropriate, including (but not limited to) the following: (a) Recommend...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.141] [Page 44] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart E--Enforcement Sec. 500.141 Concurrent actions. The taking of any one of the actions referred to in Sec. 500.140 shall not be a bar to the concurrent taking of any other action authorized by the Act and these regulations. ...


title 28, U.S. Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought...


for each violation of the Act or these regulations. (b) In determining the amount of penalty to be assessed for any violation of the Act or these regulations the...


directed in a final order by the Secretary or in a final judgment issued by a United States District Court, the amount of the penalty is immediately due and payable to the...


which the Secretary may refuse to issue or to renew, or may suspend or revoke, a Certificate of Registration (including a Farm Labor Contractor Employee Certificate...


the revocation, suspension, or refusal to renew a Certification of Registration issued under FLCRA and any matter involving the refusal to issue a certificate authorized...


Any matter involving the revocation, suspension, refusal to issue or to renew a certificate of registration or any matter involving the assessment of a civil money penalty, for...


agreements with Federal and State agencies (a) to use their facilities and services, (b) to delegate (subject to subsection 513(b) of the Act) to Federal and State agencies...


Secretary and any other Federal agency under the authority referred to in Sec. 500.155 of this part shall contain terms and conditions mutually agreeable...


Secretary and any State agency under the authority referred to in Sec. 500.155 of this part shall be in writing. (b) Any delegation to a State agency by the Secretary...


as he deems useful including the (a) Receipt, handling and processing of applications for certificates of registration; (b) Issuance of certificates...


to section 513 of the Act shall submit a State plan in such form and in such detail as the Secretary shall direct. (b) Each such plan shall include, at least,...


to in Sec. 500.155 of this part, has delegated the following functions to the States listed...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.161] [Page 46] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart E--Enforcement Sec. 500.161 Audits. The Secretary shall conduct audits as he deems necessary of the State plans, but on not less than an annual basis. ...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.162] [Page 46] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart E--Enforcement Sec. 500.162 Reports. The Secretary shall require such reports as he deems necessary of activities conducted pursuant to State plans, but on not less than an annual basis. Central Public Registry ...


registry of all persons issued a Certificate of Registration or a Farm Labor Contractor Employee Certificate. The central public registry shall be available at...


General This subpart codifies and establishes the procedures and rules of practice necessary for the administrative enforcement of...


contained herein prescribe the administrative process necessary for a determination: (1) To suspend or revoke, or to refuse to issue or renew, a Certificate of...


to suspend or revoke, or to refuse to issue or renew, a Certificate of Registration, the applicant for or the holder of such certificate shall be notified in writing...


(a) Set forth the determination of the Secretary and the reason or reasons therefor. (b) Set forth, in the case of a civil money penalty assessment: (1) A...


hearing on a determination referred to in Sec. 500.212 shall make such request in writing to the official who issued the determination, at the Wage and Hour...


holder of a Certificate of Registration shall notify the Secretary within thirty (30) days of each change of permanent place of residence. Said persons may also...


Secretary, when so designated by a court, shall accept service of summons in any action arising under the Act or these regulations against any applicant for or any holder of...


substituted service, as described in Sec. 500.216, the same shall be forwarded by certified mail to the permanent address furnished by the person for whom service is accepted...


``Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges'' established by the Secretary at 29 CFR part 18 shall apply...


determinations to suspend, revoke, refuse to issue, or refuse to renew a certificate of registration or to assess a civil money penalty shall be made by personal service to...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.221] [Page 49] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart F--Administrative Proceedings Sec. 500.221 Commencement of proceeding. Each administrative proceeding permitted under the Act and these regulations shall be commenced upon receipt of a timely request for hearing filed in accordance with Sec. 500.212. ...


section: (a) Each administrative proceeding instituted under the Act and these regulations shall be identified of record by a number preceded by the year and the...


the Act and these regulations shall be captioned in the name of the person requesting such hearing, and shall be styled as follows: In The Matter of...


timely request for a hearing filed pursuant to and in accordance with Sec. 500.212, the Secretary, by the Associate Solicitor for the Division of Fair Labor Standards or by the...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.225] [Page 50] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart F--Administrative Proceedings Sec. 500.225 Notice of docketing. The Chief Administrative Law Judge shall promptly notify the parties of the docketing of each matter. ...


Two copies of all pleadings and other documents required for any administrative proceeding provided herein shall be served on the attorneys for the Department of Labor. One...


Solicitor, Division of Fair Labor Standards, and such other counsel, as designated, shall represent the Secretary in any proceeding under...


commencement of a proceeding under this part, but prior to the reception of evidence in any such proceeding, a party may move to defer the receipt of any evidence for...


Judge shall prepare, as promptly as practicable after the expiration of the time set for filing proposed findings and related papers a decision on the issues referred by...


Decision and Order of the Administrative Law Judge whenever he concludes that the Decision and Order: (a) Is inconsistent with a policy or precedent established by...


the date of the decision of the Administrative Law Judge, the respondent, the Administrator, or any other party desiring review thereof, may file with the Secretary an...


motion or upon acceptance of a party's petition, the Secretary believes that a Decision and Order may warrant modifying or vacating, the Secretary shall issue a Notice...


of the Secretary's Notice of Intent to Modify or Vacate a Decision and Order of an Administrative Law Judge, the Chief Administrative Law Judge shall, within fifteen (15)...


shall be filed with the Secretary of Labor, U.S. Department of Labor, Washington, DC 20210. (b) Number of copies. An original and two copies of all documents...


and Order shall be issued within 120 days from the notice of intent granting the petition, except that in cases involving the review of an Administrative Law Judge decision in...


seeking review by the Secretary of a Decision and Order of an Administrative Law Judge, pursuant to Sec. 500.264, does not stop the running of the thirty-day time limit...


hearing provided by these regulations shall be maintained and filed under the custody and control of the Chief Administrative...


appeal to a United States District Court pursuant to section 103(c) or 503(c) of the Act, the Chief Administrative Law Judge shall promptly certify and file with the...


501.0 Introduction. These regulations cover the enforcement of all contractual obligations provisions applicable to the employment of H-2A workers...


501.1 Purpose and scope. (a) Statutory standard. Section 216(a) of the INA provides that-- (1) A petition to import an alien as an H-2A worker...


501.2 Coordination of intake between DOL agencies. Complaints received by ETA, or any State Employment Service Agency regarding contractual H-2A labor...


501.3 Discrimination prohibited. No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any person...


501.4 Waiver of rights prohibited. No person shall seek to have an H-2A worker, or other worker employed in corresponding employment by an H-2A employer,...


501.5 Investigation authority of Secretary. (a) General. The Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate,...


501.6 Prohibition on interference with Department of Labor officials. No person shall interfere with any official of the Department of Labor assigned to perform...


501.7 Accuracy of information, statements, data. Information, statements and data submitted in compliance with provisions of the Act or these regulations...


501.10 Definitions. The definitions in paragraphs (a) through (d) are set forth for purposes of this part. In addition, the definitions in paragraphs...


Sec. 501.15 Enforcement. The investigations, inspections and law enforcement functions to carry out the provisions of section 216 of the INA, as...


501.16 General. Whenever the Secretary believes that the H-2A provisions of the INA or these regulations have been violated such action shall be taken...


501.17 Concurrent actions. The taking of any one of the actions referred to above shall not be a bar to the concurrent taking of any other action...


501.18 Representation of the Secretary. (a) Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the...


501.19 Civil money penalty assessment. (a) A civil money penalty may be assessed by the Administrator for each violation of the work contract or...


Sec. 501.20 Enforcement of Wage and Hour investigative authority. Sections 501.5 through 501.7 of this part prescribe the investigation authority conferred...


501.21 Referral of findings to ETA. Where Wage-Hour finds violations Wage and Hour shall so notify the appropriate representative of ETA and shall...


501.22 Civil money penalties--payment and collection. Where the assessment is directed in a final order by the Administrator, by an Administrative Law...


501.30 Applicability of procedures and rules. The procedures and rules contained herein prescribe the administrative process which will be applied...


501.31 Written notice of determination required. Whenever the Administrator determines to assess a civil money penalty or to proceed administratively...


501.32 Contents of notice. The notice required by Sec. 501.31 shall: (a) Set forth the determination of the Administrator including the amount of...


501.33 Request for hearing. (a) Any person desiring to request an administrative hearing on a determination referred to in Sec. 501.32 shall make...


501.34 General. Except as specifically provided in these regulations, the ``Rules of Practice and Procedure for Administrative Hearings Before the Office...


501.35 Commencement of proceeding. Each administrative proceeding permitted under the Act and these regulations shall be commenced upon receipt of a...


501.36 Caption of proceeding. (a) Each administrative proceeding instituted under the Act and these regulations shall be captioned in the name of the...


501.37 Referral to Administrative Law Judge. (a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with Sec. 501.33...


501.38 Notice of docketing. Upon receipt of an Order of Reference, the Chief Administrative Law Judge shall appoint an Administrative Law Judge to hear...


501.39 Service upon attorneys for the Department of Labor--number of copies. Two copies of all pleadings and other documents required for...


501.40 Consent findings and order. (a) General. At any time after the commencement of a proceeding under this part, but prior to the reception of evidence...


501.41 Decision and order of Administrative Law Judge. (a) The Administrative Law Judge shall prepare, within 60 days after completion of the hearing...


501.42 Procedures for initiating and undertaking review. (a) A respondent, the Administrator or any other party wishing review of the decision of...


501.43 Responsibility of the Office of Administrative Law Judges. Upon receipt of the Secretary's Notice pursuant to Sec. 501.42 of these regulations,...


501.44 Additional information, if required. Where the Secretary has determined to review such decision and order, the Secretary shall notify each...


501.45 Final decision of the Secretary. The Secretary's final decision shall be issued within 90 days from the notice granting the petition and served upon...


501.46 Retention of official record. The official record of every completed administrative hearing provided by these regulations shall be maintained and...


501.47 Certification. Upon receipt of a complaint seeking review of a decision issued pursuant to this part filed in a U.S. District Court, after...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR504.1] [Page 64] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 504--ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS REGISTERED NURSES--Table of Contents Sec. 504.1 Cross-reference. Regulations governing labor condition attestations by facilities using nonimmigrant aliens as registered nurses are found at 20 CFR part 655, subparts D and E. ...


part set forth the procedures which are deemed necessary and appropriate to carry out the provisions of section 5(i) and section 7(g) of the National Foundation on the Arts...


the Arts and the Humanities Act of 1965, as amended, 79 Stat 848, as amended, 20 U.S.C. 951 et seq. (b) The term Secretary means the Secretary of Labor. (c)...


an alternative determination made by the Administrator under paragraph (b) of this section, and except as provided in paragraph (a)(2) of this section, the prevailing...


authorized by section 5 or section 7 of the Act until adequate initial assurances have been filed with the Chairperson of the National Endowment for the Arts or...


give adequate initial assurances that not less than the prevailing minimum compensation determined in accordance with Sec. 505.3 will be paid to all...


and section 7(g)(2) of the Act provide that ``no part of any project or production which is financed in whole or in part under this section will be performed or engaged...


a list of those grantees who are considered to be responsible for instances of failure to comply with the obligation of the grantees specified in section 5(i) (1) and...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR506.1] [Page 69] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 506--ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE ACTIVITIES IN U.S. PORTS--Table of Contents Sec. 506.1 Cross-reference. Regulations governing attestations by employers using alien crewmembers for longshore activities in U.S. ports are found at 20 CFR part 655, subparts F and G. ...


labor condition applications requirements for employers using nonimmigrants on H-1B specialty visas in specialty occupations and as fashion models are found at 20 CFR...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR508.1] [Page 70] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 508--ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS FOR OFF-CAMPUS WORK--Table of Contents Sec. 508.1 Cross-reference. Regulations governing attestations by employers using F-1 students in off-campus work are found at 20 CFR part 655, subparts J and K. ...


(a) The Fair Labor Standards Amendments of 1989 (Pub. L. 101-157) were enacted into law on November 17, 1989. Among other provisions, these amendments to the Fair...


regulations. (a) The purpose of these regulations is to implement the 1989 Amendments to the FLSA with respect to minimum wage increases in Puerto Rico. These...


(a) Act or FLSA means the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.). (b) Amendments or 1989 Amendments means the Fair Labor Standards...


Table of wage rates and effective dates. (a) The following table provides effective dates of minimum wage increases for the four statutory tiers. Appendices A and...


in Puerto Rico. (a) The legislative history to the 1989 Amendments (Conference Report 101-47 on H.R. 2, May 8, 1989) stated that for any industry to qualify...


(a) The Conference Report specifically cites Puerto Rico's annual Census of Manufacturing Industries as a source of average hourly wage data by industry. Industries...


for minimum wage phase-in. (a) Appendix A contains a listing of all industries included in the Census of Manufacturing. Appendix B contains a listing...


eligible for minimum wage phase-in. Agriculture activities eligible for an extended phase-in of the minimum wage in Major groups 01, 02, and 07 have...


eligible for minimum wage phase-in. (a) The Commonwealth government of Puerto Rico has been determined to be eligible for treatment under Tier 2, on the basis...


eligible for minimum wage phase-in. (a) The Commonwealth government of Puerto Rico has been determined to be eligible for treatment under Tier 2, on the basis...
...


Division publishes the orders that are required by statute to make the recommendations of industry committees effective as wage orders under section 6(a)(3) of the Fair...


giving notice of hearings by industry committees to recommend the minimum rate or rates of wages to be paid under section 6 of the Act to employees in American Samoa...


States outside of American Samoa. The Secretary will appoint as members of each committee an equal number of persons representing: (a) The public, (b) Employees...


of the Department of Labor Supplement to the Federal Personnel Manual for each day actually spent in the work of the committee, and will, in addition, be reimbursed...


committee is unable to arrive at a recommendation within a reasonable time, or refuses to make a recommendation, it may be dissolved by the Secretary. An industry...


to a committee. A copy of these regulations will be sent to all members of the committee following their appointment, and a copy of the economic report when completed will...


Committee counsel shall advise the committee on the issues of law, including interpretations of these regulations and the legal scope of the committee's discretion,...


in the industry as defined, or in such industry elsewhere in the United States, and every other person who, in the judgment of the committee has an interest sufficient...


all of the members of an industry committee or subcommittee shall be required for its report. Except as otherwise provided in this part, the chairperson of the industry...


in the production of goods for commerce is to reach as rapidly as is economically feasible without substantially curtailing employment the object of the minimum wage rate...


(a) Employment and labor conditions and trends in American Samoa, and on the mainland, particularly since the promulgation of the presently applicable wage...


meeting as provided in the Secretary's order initiating the proceedings (note Sec. 511.2). The full committee acting through a quorum will decide at that...


in the economic report to the extent they are not refuted by evidence received at the hearing. Other pertinent evidence available to the Department of...


person, by counsel, or by other specified representative. Misconduct at any hearing shall be grounds for summary exclusion from the hearing. The committee shall limit the...


any proposed findings of fact and recommendations together with the reasons therefor submitted by any party. These submittals shall be oral [[Page...


report containing its findings of fact and recommendations. The report shall contain the committee's or the subcommittee's findings and conclusions as well as the reasons...


other formal proceedings, including the appointment of subcommittees. Subcommittees shall keep a similar journal. No report of committee or subcommittee discussions need...


in the Federal Register and shall provide by order that the recommendations contained in such report shall take effect upon the expiration of 15 days after the date...


this part or for an amendment to a wage order applicable to that person. In view of the statutory requirement that the minimum rates of wages established by order under section...


June 25, 1938; Chapter 676, 52 Stat. 1060, 29 U.S.C. 201) and the Public Contracts Act (Act of June 30, 1936; 49 Stat. 2036; 41 U.S.C. 35-45). (b) Administrator. The...


State agencies for the utilization of services of State and local agencies and their employees in making investigations and inspections under the Acts and for reimbursement...


State labor laws and shall be under the direction of an executive who gives full time to the work of the agency. The agency shall be engaged in...


(a) A copy of the Act establishing the State agency, copies of the laws administered by the State agency, and if there is an act specifically authorizing the State...


the enforcement of the act and such supplements to or provisions thereof as may be issued from time to time by the Division or the Secretary of Labor; use official forms for...


the Acts shall be subject to audit by the Division and the Secretary of Labor, annually, or so often as the Administrator and the Secretary of Labor,...


franked self-addressed envelopes may be used for communications from the field staff to a State official designated by the Division and the Secretary of Labor, and...


wages due instituted pursuant to section 16(b) of the Fair Labor Standards Act of 1938 and all administrative proceedings instituted pursuant to section 5 of the...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR515.9] [Page 100] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 515--UTILIZATION OF STATE AGENCIES FOR INVESTIGATIONS AND INSPECTIONS-- Table of Contents Sec. 515.9 Agreements and approved plans. Agreements and approved plans incorporated therein may be amended upon the consent of the parties thereto. ...


of Labor and the Administrator: Provided, however, That no such amendment or repeal shall be effective as to any agreement previously entered into by a State agency...


Currently Subpart or section where information collection requirement assigned is located OMB control ...


every employer subject to any provisions of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as the ``Act''), is required to maintain...


sections 6 and 7(a) of the Act. (a) Items required. Every employer shall maintain and preserve payroll or other records containing the following information and...


provisions shall post and keep posted a notice explaining the Act, as [[Page 104]] prescribed by the Wage and Hour Division, in conspicuous places in...


(a) Payroll records. From the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable sections of this...


maintain records under this part shall preserve for a period of at least 2 years. (1) Basic employment and earnings records. From the date of last entry, all basic time...


employer shall keep the records required by this part safe and accessible at the place or places of employment, or at one or more established central recordkeeping offices...


such extension, recomputation, or transcription of the records and shall submit to the Wage and Hour Division such reports concerning persons employed and the wages,...


employers who, due to peculiar conditions under which they must operate, desire authority to maintain records in a manner other than required in this part, or to be relieved...


both minimum wage and overtime pay requirements under section 13(a) (2), (3), (4), (5), (8), (10), (12), or 13(d) of the Act. With respect to each and...


overtime pay requirements pursuant to section 13(b) (1), (2), (3), (5), (9), (10), (15), (16), (17), (20), (21), (24), (27), or (28) of the Act. ...


employees exempt from overtime pay requirements under section 13(b)(13) of the Act. With respect to each employee exempt from the overtime pay requirements of the...


exempt from overtime pay requirements under section 13(b)(14) of the Act. (a) With respect to each employee exempt from the overtime pay requirements of the...


exempt from overtime pay requirements pursuant to section 13(b)(11) of the Act. With respect to each employee exempt from the overtime pay requirements of the...


a retail or service establishment exempt from overtime pay requirements pursuant to section 7(i) of the Act. With respect to each employee of a retail or...


overtime pay requirements pursuant to section 13(b)(6) of the Act. With respect to each employee employed as a seaman and exempt from the overtime pay...


certain tobacco, cotton, sugar cane or sugar beet services, who are partially exempt from overtime pay requirements pursuant to section 7(m), 13(h), 13(i) or...


collective bargaining agreements who are partially exempt from overtime pay requirements as provided in section 7(b)(1) or section 7(b)(2) of the Act. ...


partially exempt from overtime pay requirements pursuant to section 7(b)(3) of the Act. With respect to each employee partially exempt from the overtime...


charter activities of carriers pursuant to section 7(n) of the Act. With respect to each employee employed in charter activities for a street, suburban or...


and residential care facilities compensated for overtime work on the basis of a 14-day work period pursuant to section 7(j) of the Act. With...


section 7(f) ``Belo'' contracts. With respect to each employee to whom both sections 6 and 7(f) of the Act apply, the employer shall maintain and preserve payroll...


for overtime on the basis of ``applicable'' rates provided in sections 7(g)(1) and 7(g)(2) of the Act. With respect to each employee compensated for overtime work...


overtime at premium rates computed on a ``basic'' rate authorized in accordance with section 7(g)(3) of the Act. With respect to each employee compensated for...


or other facilities'' under section 3(m) of the Act. (a) In addition to keeping other records required by this part, an employer who makes deductions from the...


(a) With respect to each tipped employee whose wages are determined pursuant to section 3(m) of the Act, the employer shall maintain and preserve payroll or other...


students, or handicapped workers employed under special certificates as provided in section 14 of the Act. (a) With respect to persons employed...


(a) Definitions--(1) Industrial homeworker and homeworker, as used in this section, mean any employee employed or suffered or permitted to perform...


in agriculture pursuant to section 13(a)(6) or 13(b)(12) of the Act. (a) No records, except as required under paragraph (f) of this section, need be maintained by...


pay for time spent by certain employees receiving remedial education pursuant to section 7(q) of the Act. With respect to each employee exempt from the overtime...


(a) Statutory provisions. Under section 14 of the Fair Labor Standards Act of 1938, as amended, and the authority and responsibility delegated to him/her by the Secretary...


for the purpose of this subpart is defined as a student who receives primarily daytime instruction at the physical location of a bona fide educational institution,...


(a) Whenever the employment of full-time students working outside of school hours in agriculture or in a retail or service establishment at wages lower than the minimum applicable...


Under certain conditions, an agricultural or retail or service establishment employer may obtain temporary authorization to employ full-time students at subminimum wages....


Certificates authorizing the employment of full-time students at subminimum wage rates shall not be issued unless the following conditions are met: (a)...


and under temporary authorization. (a) A full-time student certificate will not be issued for a period longer than 1 year, nor will it be issued...


each worker employed as a full-time student under a full-time student certificate at subminimum wages, as provided under part 516 of this chapter. (b)(1) In addition...


In the absence of an objection by the employer (which may be resolved in the manner provided in part 528 of this chapter), the authorized officer upon his/her own motion...


being informed of a denial of an application for a full-time student certificate or within 45 days after Federal Register publication of a statement of the terms of...


The Administrator may at any time upon his/her motion or upon written request of any interested person or persons setting forth reasonable grounds therefor, and...


(a) Statutory provisions. Under section 14 of the Fair Labor Standards Act of 1938, as amended, and the authority [[Page 120]] and responsibility delegated to him/her...


the purpose of this subpart is defined as one who meets the accepted definition of a full- time student of the institution of higher education which employs him/ her....


(a) Whenever the employment of its full-time students working in an institution at wages lower than the minimum wage applicable under section 6 of the Fair Labor Standards Act is...


conditions, an institution of higher education has temporary authorization to employ full-time students at subminimum wages. These conditions are: (1) Absence of...


Certificates authorizing the employment of full-time students at subminimum wage rates shall not be issued unless the following conditions are met: (a)...


under temporary authorization. (a) A full-time student certificate will not be issued for a period longer than 1 year, nor will it be issued retroactively....


worker employed as a full-time student under a full-time student certificate at subminimum wages, as provided under part 516 of this chapter. (b)(1) In addition to the...


In the absence of an objection by the employer (which may be resolved in the manner provided in part 528 of this chapter) the authorized officer upon his/her own motion...


informed of a denial of an application for a full-time student certificate or within 45 days after Federal Register publication of a statement of the terms of the...


The Administrator may at any time upon his/her own motion or upon written request of any interested person or persons setting forth reasonable grounds therefor, and...


Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.200 What is the legal authority for payment of wages lower than...


(Including Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.201 How are those classifications of workers which may be...


Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.202 How do persons who want to apply for a particular...


Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.203 What records does an employer have to keep when subminimum...


Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.204 If someone does not agree with the Department of...


Student-Learners), and Apprentices at Subminimum Wages? Sec. 520.205 How do these rules affect other Federal, state and local...


Administrator means the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor, or his/her...


Apprentices Sec. 520.400 Who are messengers, learners, and apprentices? The terms messenger, learner, and apprentice are defined in subpart C of...


Apprentices Sec. 520.401 Are there any industries, occupations, etc. that do not qualify for a certificate to employ messengers, learners, or apprentices at...


Apprentices Sec. 520.402 How do I obtain authority to employ messengers, learners, or apprentices at subminimum wages? (a) Employers wishing to...


Apprentices Sec. 520.403 What information is required when applying for authority to pay less than the minimum wage? (a) A separate application must be...


Apprentices Sec. 520.404 What must I demonstrate in my application for a messenger, learner, or apprentice certificate to receive a favorable review? ...


Apprentices Sec. 520.405 Must I notify my employees that I am applying for a certificate to employ messengers and/or learners at subminimum wages? ...


Apprentices Sec. 520.406 What happens once I have submitted my request for authorization to pay messengers, learners, or apprentices subminimum wages? ...


Apprentices Sec. 520.407 What is the subminimum wage for messengers and what must I do to comply with the terms of my certificate? (a) A...


Apprentices Sec. 520.408 What is the subminimum wage for learners and what must I do to comply with the terms of my certificate? (a) All learner...


Apprentices Sec. 520.409 When will authority to pay apprentices special minimum wages become effective and what is the special minimum wage rate? (a)...


Apprentices Sec. 520.410 How long does a messenger, learner, or apprentice certificate remain in effect? (a) Messenger and/or learner certificates may...


Apprentices Sec. 520.411 Does a certificate authorizing payment of subminimum wages to messengers and/or learners remain in effect during the renewal process? ...


Apprentices Sec. 520.412 What records, in addition to those required by Part 516 of this chapter and section 520.203 of this part, must I keep relating to...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR520.500] [Page 134] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 520--EMPLOYMENT UNDER SPECIAL CERTIFICATE OF MESSENGERS, LEARNERS (INCLUDING STUDENT-LEARNERS), AND APPRENTICES--Table of Contents Subpart E--Student-Learners Sec. 520.500 Who is a student-learner? The term student-learner is defined in subpart C. ...


employ student-learners at subminimum wages? (a) Employers wishing to employ student-learners at subminimum wages must apply for authority to do so from...


an application to employ student-learners at subminimum wages contain? Student-learner applications must contain: (a) A statement clearly outlining the...


my application for a student-learner certificate to receive a favorable review? Each student-learner application must demonstrate that: (a) The training...


pay student-learners subminimum wages become effective? (a) Certification by the appropriate school official on an application for a special student-learner...


that my request to employ student-learners at subminimum wages has been denied and can I appeal the denial? (a) If, after review, an application is...


for student-learners and what must I do to comply with the terms of my student-learner certificate? (a) The special minimum wage rate paid to student-learners shall...


remain in effect? (a) A special student-learner certificate shall be effective for a period not to exceed the length of one school year unless a longer period...


to those required by Part 516 of this chapter and section 520.203 of this part, must I keep when student-learners are employed? Any worker employed as...


those provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201) (FLSA) permitting the employment of individuals disabled for the work to be performed (workers...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR525.2] [Page 137] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 525--EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES--Table of Contents Sec. 525.2 Purpose and scope. The regulations in this part govern the issuance of all certificates authorizing the employment of workers with disabilities at special minimum wages pursuant to section 14(c) of FLSA. ...


Secretary of Labor or the Secretary of Labor's authorized representative. (c) Administrator means the Administrator of the Wage and Hour Division, U.S. Department of Labor,...


an employment relationship exists is whether the work performed is of any consequential economic benefit to the institution. Generally, work shall be considered to be...


cannot be employed under a certificate issued pursuant to this part and must be paid at least the applicable minimum wage. An individual whose earning or...


includes not only those hours during which the individual is actually performing productive work but also includes those hours when no work is performed but the individual...


of the Wage and Hour Division having administrative jurisdiction over the geographic area in which the employment is to take place. (b) The employer shall...


employment of workers with disabilities pursuant to a vocational rehabilitation program of the Veterans Administration for veterans with a service-incurred disability or...


(a) In order to determine that special minimum wage rates are necessary in [[Page 140]] order to prevent the curtailment of opportunities for employment, the...


disabled for the work to be performed. The Department recognizes that there may be more than one wage rate for a specific type of work in a given area. An employer must be able...


may be issued. (b) If a special minimum wage certificate is issued, a copy shall be sent to the employer. If denied, the employer will be notified in writing and...


the terms and conditions under which it is granted. (b) A special minimum wage certificate shall apply to all workers employed by the employer to which the...


certificates. (b) If an application for renewal has been properly and timely filed, an existing special minimum wage certificate shall remain in effect until...


at all times display and make available to employees a poster as prescribed and supplied by the Administrator. The Administrator will make available, upon request, posters...


of rehabilitation for workers with disabilities and holds a special certificate issued pursuant to this part, certification under regulations governing the employment...


workers' disabilities) the referring agency or facility, of workers employed under special minimum wage certificates shall maintain and have available for inspection...


certificate may be revoked: (1) As of the date of issuance, if it is found that misrepresentations or false statements have been made in obtaining the certificate or...


days or such additional time as the Administrator may allow, file with the Administrator a petition for review. Such review, if granted, shall be made by the Administrator....


to taking any action pursuant to these regulations. To the extent it is deemed appropriate, the Administrator may provide an opportunity to other interested persons to...


thereunder, shall excuse noncompliance with any other Federal or State law or municipal ordinance establishing higher...


wage certificate in effect on June 1, 1986, of any worker with disabilities from June 1, 1986 until May 31, 1988, without prior authorization of the Secretary. (b)...


to subsection 14(c) of FLSA or the parent or guardian of such an employee may petition the Secretary to obtain a review of such special minimum wage rate. No particular form...


or establishing work activities centers to provide therapeutic activities for workers with disabilities as long as the employer complies with the requirement of...


which are appointed by the Secretary, shall advise and make recommendations to the Administrator concerning the administration and enforcement of these regulations and the...


pursuant to parts 519, 520, 521, 522, 523, 524, and 527 of this chapter, and having effect under section 14 of the Fair Labor Standards Act of 1938. [27 FR 3994,...


(b) Annulment shall mean withdrawal of a certificate with retroactive effect to the date of issuance. (c) Authorized representative shall mean: (1) The...


the employment of learners, handicapped workers, student workers, student learners, apprentices, messengers, or full-time students in agriculture, retail, or...


mail a letter to the employer setting forth alleged facts or conduct which may warrant withdrawal of the certificate, and fixing a time and a place for a conference at which...


the apprenticeship agency (in the case of apprentice certificates) or the responsible school official (in the case of student-learner certificates), setting forth alleged...


order of annulment or withdrawal may obtain review, limited to the question of whether the findings of fact support the order under the regulations in this part. Application for...


to which the regulations in this part apply in effect at the establishment where the cause for withdrawal arose or where the annulled certificate had effect....


goods, and production, as used in this part, is the same as in the Fair Labor Standards Act of 1938, as amended. (b) Administrator as used in this part means...


in the industries defined in paragraphs (e) through (k) of [[Page 152]] Sec. 530.1 shall be done in or about a home, apartment, tenement, or room in a...


employment of industrial homeworkers in the industries defined in Sec. 530.1 may be issued on the following terms and conditions upon application therefore on forms provided...


(a) Upon application by the homeworker and the employer on forms provided by the Wage and Hour Division, certificates may be issued to the applicant employer authorizing the...


or facts. A medical examination of the worker or invalid may be ordered or a certification of facts concerning eligibility for the certificate by designated officers of...


valid under the terms set forth in the certificate for a period to be designated by the Administrator or his authorized representative. Application for renewal of any...


be revoked for cause at any time. Violation of any provision of the Fair Labor Standards Act shall be sufficient grounds for revocation of all certificates issued to an...


to the employer under this part shall be maintained for a period of at least three years after the last employment under the certificate. [49 FR 44271, Nov....


the duty of maintaining the records required in the regulations in part 516 of this chapter and failure to keep such records shall be sufficient cause for the cancellation...


The Administrator may from time to time designate and appoint members of the Administrator's staff or State Agencies as his authorized representatives with full power...


the Administrator in granting or denying a certificate may, within 15 days thereafter or within such additional time as the Administrator for cause shown may...


an industrial homeworker by the New York State Department of Labor under paragraph II of Home Work Order No. 4 Restricting Industrial Homework in the Glove Industry, dated...


(a) Except as provided in subpart C, a certificate may be issued to an employer authorizing the employment of homeworkers in (1) The knitted outerwear,...


certification or renewal application shall be signed by the employer and shall contain the name of the firm, its mailing address, [[Page 155]] the physical location...


employment of industrial homeworkers, the employer must provide written assurances concerning the employment of homeworkers subject to section 11(d) of the Fair...


there is not sufficient reason to believe that the Act will be complied with or that money will be available if violations of the Act occur, the Administrator...


to employ homeworkers will be investigated promptly after the issuance of the certificate by the Wage and Hour Division. Where such an employer is found to be...


1988, unless otherwise noted. No certificate will be issued pursuant to Sec. 530.101 of subpart B above authorizing the employment of homeworkers in an industry in...


be issued pursuant to Sec. 530.101 of subpart B to an employer who pays homeworkers based on piece rates unless the employer establishes the piece rates for the different types...


certificate will not be issued or renewed by the Administrator if, within the previous three years, the Administrator has found and notified the applicant of a monetary...


that the employment of homeworkers under a certificate is likely to result in violations of the Fair Labor Standards Act, the regulations issued thereunder, or...


deny or revoke a certificate in accordance with the following standards and for the period specified in the standards: (a) Serious wage violations. Upon a finding by...


a certificate need not be denied or revoked pursuant to Secs. 530.204 or 530.205 of this subpart if the Administrator finds all of the...


A system of civil money penalties is established to provide a remedy for any violation of the FLSA related to homework (except child labor violations, which are...


$500 per affected homeworker for any one violation, may be assessed for any violation of the Act or of this part or of the assurances given in connection with the issuance...


a penalty within any range, the Administrator shall take into account the presence or absence of circumstances such as the following: (1) Good faith attempts to comply...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR530.304] [Page 158] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES--Table of Contents Subpart D--Civil Money Penalties Sec. 530.304 Procedures for assessment. Assessment of penalties pursuant to this section, including administrative proceedings, shall be in accordance with the procedures set out in subpart E of this part. ...


10, 1988, unless otherwise noted. [[Page 159]] The procedures and rules contained herein prescribe the administrative process which will be applied with...


or revoke a certificate or determines to assess a civil money penalty, the person affected by such determination shall be notified of the determination in writing, by...


Sec. 530.411 of this subpart, a request for an administrative hearing on a determination referred to in Sec. 530.402 of this subpart shall be made in writing to...


a hearing, the request and a copy of the notice of administrative determination complained of, shall, by Order of Reference, be referred to the Chief Administrative...


of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges'' established by the Secretary at 29 CFR part 18 shall apply...


Judge shall prepare, after completion of the hearing and closing of the record, a decision on the issues referred by the Administrator. (b) The decision of...


of the decision of the Administrative Law Judge may petition the Secretary to review the decision. To be effective, such petition must be received by the Secretary within...


to review the decision and order of an Administrative Law Judge, the Secretary shall notify each party of the issue or issues raised; the form in which submission shall...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR530.409] [Page 160] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES--Table of Contents Subpart E--Administrative Procedures Sec. 530.409 Final decision of the Secretary. The Secretary's final decision shall be served upon all parties and the Administrative Law Judge, in person or by certified mail. ...


of subpart C of this part arising as a result of a certificate holder's failure to pay back wages or civil money penalties judged owing, the Administrator may file a...


that immediate revocation of a homework certificate is necessary to safeguard the payment of minimum wages to homeworkers, a notice of proposed emergency...


an Administrative Law Judge under the above procedures, an applicant or certificate holder who does not dispute the factual findings of the Administrator may, within...


of a final decision issued pursuant to this part filed in a United States District Court, after the administrative remedies have been exhausted, the Chief Administrative...


to the provisions of the Equal Access to Justice Act. In any hearing conducted pursuant to these regulations, Administrative Law Judges shall have no power or authority...


the Wage and Hour Division or his authorized representative. The Secretary of Labor has delegated to the Administrator the functions vested in him under section 3(m) of...


term ``wage'' to include the ``reasonable cost'', as determined by the Secretary of Labor, to an employer of furnishing any employee with board, lodging, or other facilities,...


General determinations of ``reasonable cost.'' (a) The term reasonable cost as used in section 3(m) of the Act is hereby determined to be not more than the...


531.4 Making determinations of ``reasonable cost.'' (a) Procedure. Upon his own motion or upon the petition of any interested person, the Administrator may...


Making determinations of ``fair value.'' (a) Procedure. The procedures governing the making of determinations of the ``fair value'' of board, lodging, or...


Effects of collective bargaining agreements. (a) The cost of board, lodging, or other facilities shall not be included as part of the wage paid to any employee to...


531.7 Request for review of tip credit. (a) Any employee (either himself or acting through his representative) may request the Administrator to determine whether...


Petitions to issue, amend, or repeal rules, including determinations, under this part. Any interested person may petition for the issuance, amendment, or repeal...


of the Act are made by the courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling, 316 U.S. 517). Court decisions supporting interpretations contained in...


requires the payment of wages in cash; prohibits or regulates the issuance of scrip, tokens, credit cards, ``dope checks'' or coupons; prevents or restricts payment...


sections 6 and 7 of the Act require payments of the prescribed wages, including overtime compensation, in cash or negotiable instrument payable at par. Section 3(m)...


It appears to have been the clear intention of Congress to protect the basic minimum wage and overtime compensation required to be paid to the employee by sections 6...


both of the following situations: (a) Where board, lodging, or other facilities are furnished in addition to a stipulated wage; and (b) where charges for board, lodging, or...


or other facilities may be considered as part of the wage paid an employee only where customarily ``furnished'' to the employee. Not only must the employee receive...


or other facilities may be considered as part of the wage paid an employee only where ``customarily'' furnished to the employee. Where such facilities are ``furnished'' to...


this section, must be something like board or lodging. The following items have been deemed to be within the meaning of the term: Meals furnished at company restaurants...


Administrator to determine ``the reasonable cost * * * to the employer of furnishing * * * facilities'' to the employee, and in addition it authorizes him to determine...


credit cards, ``dope checks,'' coupons, and similar devices are not proper mediums of payment under the Act. They are neither cash nor ``other facilities'' within the meaning...


or in facilities, ``wages'' cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally or ``free and...


employees, section 3(m) and this part apply only to the applicable minimum wage for all hours worked. To illustrate, where an employee works 40 hours a week at a cash wage rate...


compensation for overtime hours at ``a rate of not less than one and one-half times the regular rate at which he is employed.'' When overtime is worked by an...


employee and which are collected by the employer and forwarded to the appropriate governmental agency may be included as ``wages'' although they do not technically...


an employer is legally obliged, as by order of a court of competent and appropriate jurisdiction, to pay a sum for the benefit or credit of the employee to a creditor of...


by a voluntary assignment or order of his employee to pay a sum for the benefit of the employee to a creditor, donee, or other third party, deduction from wages of the...


respect to tipped employees, section 3(m) provides: In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased...


The wage credit permitted on account of tips under section 3(m) may be taken only with respect to wage payments made under the Act to those employees whose occupations in the...


a customer as a gift or gratuity in recognition of some service performed for him. It is to be distinguished from payment of a charge, if any, made for the service. Whether a tip...


by customers which an employee keeps as his own, tips received by an employee include, within the meaning of the Act, amounts paid by bank check or other...


give a portion of their tips to the busboys, both the amounts retained by the waiters and those given the busboys are considered tips of the individuals who retain...


for service, such as 10 percent of the amount of the bill, imposed on a customer by an employer's establishment, is not a tip and, even if distributed by the employer...


receives tips, within the meaning of the Act, is a ``tipped employee'' under the definition in section 3(t) when, in the occupation in which he is engaged, the amounts he...


The employee must receive more than $20 a month in tips ``customarily and regularly'' in the occupation in which he is engaged in order to qualify as a tipped employee under...


an employee, whether full-time, part-time, permanent or temporary, will qualify as a tipped employee only if he customarily and regularly receives more than $20 a month...


requirements of the Act, under the provisions of section 3(m) the amount paid to a tipped employee by an employer is deemed to be increased on account of tips by an...


who is subject to the [[Page 175]] overtime pay provisions of the Act, his regular rate of pay is determined by dividing hs total remuneration...


agricultural or horticultural commodity during seasonal operations within the ``area of production'' within the meaning of section 7(c) of the Fair Labor Standards Act if he is...


the meaning of section 13(a) (10) of the Fair Labor Standards Act in handling, packing, storing, compressing, pasteurizing, drying, preparing in their raw or...


country elevator and having not more than five employees (including such an establishment which sells products and services used in the operation of a farm) shall be regarded...


petition for amendment thereof, setting forth the changes desired and the reasons for proposing them. If upon inspection of the petition the Administrator believes...


delegated to the Administrator the functions vested in [[Page 179]] him under section 13(a)(1) of the Fair Labor Standards Act. (b) Act means the Fair...


duty consists of the management of the enterprise in which he is employed or of a customarily recognized department of subdivision thereof; and (b) Who customarily...


(a) Whose primary duty consists of either: (1) The performance of office or nonmanual work directly related to management policies or general...


primary duty consists of the performance of: [[Page 181]] (1) Work requiring knowledge of an advance type in a field of science or learning customarily acquired...


is employed for the purpose of and who is customarily and regularly engaged away from his employer's place or places of business in: (1) Making sales within the meaning...


not apply to an employee in the motion picture producing industry who is compensated at a base rate of at least $200 a week (exclusive of board, lodging, or...


1, 1972, the Fair Labor Standards Act was amended to include within the protection of the equal pay provisions those employees exempt from the minimum wage and overtime...


not be disqualified from exemption under Secs. 541.1, 541.2, or 541.3 on the basis that such employee is paid according to a pay system established by statute, ordinance,...


petition setting forth the changes desired and the reasons for proposing them. If, upon inspection of the petition, the administrator believes that reasonable cause...


not apply to an employee in the motion picture producing industry who is compensated at a base rate of at least $250 a week (exclusive of board, lodging, or...


employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel...


contains among other things, percentage limitations on the amount of time which an employee may devote to activities ``which are not directly and closely related to...


majority of cases the bona fide executive employee performs managerial and supervisory functions which are easily recognized as within the scope of the exemption. (b)...


time spent in the performance of the managerial duties is a useful guide in determining whether management is the primary duty of an employee. In the ordinary case it may...


which he is employed or a customarily recognized department or subdivision thereof. The phrase ``a customarily recognized department or subdivision'' is intended to...


full-time employees or the equivalent. For example, if the ``executive'' supervises one full-time and two part-time employees of whom one works morning and one, afternoons;...


recommendations as to hiring or firing and as to advancement and promotion or any other change of status of the employees who he supervises will be given particular...


work is so completly routinized that he has no discretion does not qualify for exemption. (b) The phrase ``customarily and regularly'' signifies a frequency which...


of the employees therein, but also activities which are closely associated with the performance of the duties involved in such managerial and supervisory functions...


be directly and closely related to the performance of the exempt functions of management and supervision and will therefore be exempt work. In effect, this means that a bona...


closely related to the performance of the supervisory and management duties, there is another type of work which may be considered directly and closely related to the...


Sec. 541.1 (a) through (d) and the activities directly and closely related to such work. (b) Nonexempt work is easily identifiable where, as in the usual case,...


case of an employee of a retail or service establishment if he devotes as much as 40 percent, of his hours worked in the workweek to nonexempt work. This test is applied on...


charge of an independent establishment or a physically separated branch establishment * * *''. Such an employee is considered to be employed in a bona fide executive capacity...


``who owns at least a 20- percent interest in [[Page 193]] the enterprise in which he is employed''. This provision recognizes the special status of a...


bona fide executive and the ``working'' foreman or ``working'' supervisor who regularly performs ``production'' work or other work which is unrelated or only remotely related...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.116] [Page 194] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.116 Trainees, executive. The exemption is applicable to an employee employed in a bona fide executive capacity and does not include employees training to become executives and not actually performing the duties of an executive. ...


week, exclusive of board, lodging, or other facilities, is required for exemption as an executive. The $155 a week may be translated into equivalent amounts for periods...


under his employment agreement he regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of his...


proviso for managerial employees who are [[Page 197]] compensated on a salary basis at a rate of not less than $250 per week exclusive of board, lodging, or...


exemption as ``administrative'' employees. (1) Executive and administrative assistants. The first type is the assistant to a proprietor or to an executive or...


purposes of the definition: (This classification is without regard to whether the work is manual or nonmanual. The problem of manual work as it affects the exemption...


to ``white-collar'' employees who meet the tests. If the work performed is ``office'' work it is immaterial whether it is manual or nonmanual in nature. This is...


of his employer or his employer's customers'' describes those types of activities relating to the administrative operations of a business as distinguished...


employment in a bona fide administrative capacity. Thus, the employee must have as his primary duty office or nonmanual work directly related to management policies or...


possible courses of conduct and acting or making a decision after the various possibilities have been considered. The term as used in the regulations in subpart A of this...


Sec. 541.2 is considered exempt work. Some illustrations may be helpful in clarifying the differences between such work and work which is unrelated or only remotely related to...


than 20 percent, or, in the case of an employee of a retail or service establishment if he devotes as much as 40 percent, of his hours worked in the workweek to nonexempt...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.210] [Page 207] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.210 Trainees, administrative. The exemption is applicable to an employee employed in a bona fide administrative capacity and does not include emloyees training for employment in an administrative capacity who are not actually performing the duties of an administrative employee. ...


rate of not less than $155 a week, exclusive of board, lodging or other facilities, is required for exemption as an administrative employee. The requirement will be met if...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.212] [Page 208] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.212 Salary basis. The explanation of the salary basis of payment made in Sec. 541.118 in connection with the definition of ``executive'' is also applicable in the definition of ``administrative.'' ...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.213] [Page 208] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.213 Fee basis. The requirements for exemption as an administrative employee may be met by an employee who is compensated on a fee basis as well as by one who is paid on a salary basis. For a discussion of payment of a fee basis, see Sec. 541.313. ...


including within the definition of ``administrative'' an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week exclusive of...


personnel, the employment must be in connection with the operation of an elementary or secondary school system, an institution of higher education, or...


have a recognized status and which are based on the acquirement of professional knowledge through prolonged study. It also includes the artistic professions, such as acting or...


science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study as distinguished from a general academic education and from...


this type is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual...


systems analysts, computer programmers, software engineers, or other similarly skilled workers in the computer software field are eligible for exemption as...


discussion under ``administrative'' in Sec. 541.206. (b) The ``primary duty'' of an employee as a teacher must be that of activity in the field of teaching. Mere...


its performance. (b) A prime characteristic of professional work is the fact that the employee does apply his special knowledge or talents with discretion and...


opposed to routine mental, manual, mechanical, or physical work. This test applies to the type of thinking which must be performed by the employee in question. While a doctor...


are an essential part of and necessarily incident to the professional work described in Sec. 541.3 (a) through (c). This provision recognizes the fact that there...


or other professional fields, will qualify for exemption as a professional employee by virtue of such employment. While there are many exempt employees in...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.309] [Page 216] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.309 20-percent nonexempt work limitation. Time spent in nonexempt work, that is, work which is not an essential part of and necessarily incident to the exempt work, is limited to 20 percent of the time worked by the employee in the workweek. ...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR541.310] [Page 216] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR Subpart B--Interpretations Sec. 541.310 Trainees, professional. The exemption applies to an employee employed in a bona fide professional capacity and does not include trainees who are not actually performing the duties of a professional employee. ...


rate of not less than $170 per week, exclusive of board, lodging or other facilities, is required for exemption as a ``professional employee.'' An employee will meet...


November 15, 1990, payment ``on a salary basis'' is not a requirement for exemption in the case of those employees in computer- related occupations, as defined in...


basis as well as by one who is paid on a salary basis. (b) Little or no difficulty arises in determining whether a particular employment arrangement involves payment on a fee...


branches, who is actually engaged in practicing the profession, or a holder of the requisite academic degree for the general practice of medicine who is engaged in...


a special proviso for employees who are compensated on a salary or fee basis at a rate of at least $250 per week exclusive of board, lodging, or other facilities. Under...


outside salesman'' in section 13(a)(1) of the Act shall mean any employee: (a) Who is employed for the purpose of and who is customarily and regularly engaged away from...


or (2) obtaining orders or contracts for services or for the use of facilities. (b) Generally speaking, the divisions have interpreted section 3(k) of the Act to include...


place or places of business''. This requirement is based on the obvious connotation of the word ``outside'' in the term ``outside salesman''. It would obviously lie...


not only incidental deliveries and collections which are specifically mentioned in Sec. 541.5(b), but also any other work performed by the employee in furthering his...


the circumstances under which it is performed. Promotion men are not exempt as ``outside salesmen.'' (This discussion relates solely to the exemption under Sec. 541.5,...


the selling of such products, and questions arise as to whether such an employee is employed in the capacity of outside salesman, all the facts bearing on the content of the...


of the employee. It includes outside activities like meter- reading, which are not part of the sales process. Inside sales and all work incidental thereto are...


by nonexempt employees of the employer.'' The 20 percent is computed on the basis of the hours worked by nonexempt employees of the employer who perform the kind of...


become outside salesmen who are not actually performing the duties of an outside salesman (see also Sec. 541.506). ...


of the regulations in subpart A to exempt work under another section of those regulations, so that a person who, for example, performs a combination of...


an employee in the motion picture producing industry who is compensated at a base rate of at least $250 a week (exclusive of board, lodging, or other facilities). Thus,...


time which is allowed for nonexempt work performed by an executive or administrative employee of a retail or service establishment does not apply to employees of...


under section 7(e)(3)(b) of the Fair Labor Standards Act of 1938, as amended (hereinafter called the Act). In determining the total remuneration for employment which...


of the Act is required to meet all the standards set forth in paragraphs (b) through (f) of this section and must not contain the disqualifying provisions set forth in...


(b) No employee's wages or salary shall be dependent upon or influenced by the existence of such thrift or savings plan or the employer's contributions thereto. (c) The...


this part may submit in writing to the Administrator a petition setting forth the changes desired and the reasons for proposing them. If upon the inspection of the petition,...


Aug. 6, 1955, unless otherwise noted. The regulations in this part set forth the requirements for authorization of established basic rates to be used in the...


of the Act with respect to the payment of overtime compensation to an employee for a workweek longer than the applicable number of hours established in section 7(a) of the Act,...


of the conditions of Sec. 548.2 and which in addition satisfies all the conditions set forth in one of the following paragraphs will be regarded as being substantially equivalent...


(a) Application may be made by any employer or group of employers, for authorization of a basic rate or rates, other than those approved under Sec. 548.3. Application must be...


any of the terms of this part may submit in writing to the Administrator a petition setting forth the changes desired and the reasons for proposing them. If,...


Introduction (a) This subpart contains material explaining and illustrating the terms used in subpart A of this part which were issued under section 7(g)(3)...


satisfied if a ``basic'' rate is to be considered proper under section 7(g)(3) and subpart A of this part. (a) Agreement or understanding. There must be an agreement...


description of a number of basic rates any one of which, when established by agreement or understanding, is authorized for use without prior specific approval of the...


as an established basic rate: ``A rate per hour which is obtained by dividing a monthly or semi-monthly salary by the number of regular working days in each monthly...


(a) Section 548.3(b) authorizes as an established basic rate: ``A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs...


548.3(c) authorizes as an established basic rate: ``A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs (1) through (7)...


548.3(d) authorizes as established basic rates: The rate or rates which may be used under the Act to compute overtime compensation of the employee but excluding the...


548.3(e) authorizes as established basic rates: ``The rate or rates (not less than the rates required by section 6 (a) and (b) of the Act) which may be used under the Act...


quarter. (a) Section 548.3(f)(1) authorizes as an established basic rate: A rate per hour for each workweek equal to the average hourly remuneration...


an established basic rate other than one of those authorized under Sec. 548.3, he must obtain specific prior approval from the Administrator. For example, if an employer wishes...


understanding establishing the basic rate is in writing, whether incorporated in a collective bargaining agreement or not, a copy of the agreement or understanding should be attached...


also contain a description of the terms of employment relating to overtime so that the Administrator can determine how the established basic rate will be used if it is...


rate for which approval will be sought will normally be a formula or method of calculation of a rate rather than a specific dollars and cents rates. \20\ The...


describe or otherwise identify the employees to whom the established basic rate will apply. The individual employees need not be identified by name but may be described in terms...


set forth the facts relied upon to show that the established basic rate is substantially equivalent to the average hourly earnings of the employee exclusive of overtime...


pay on the basic rates for piece workers, hourly rated employees, and salaried employees are the same as the methods of computing overtime pay at the regular rate. ...


Many employees are paid daily overtime pay or Saturday overtime pay or overtime pay on a basis other than the statutory standard of overtime pay required by section 7(a) of the Act....


be separately computed and paid on payments such as bonuses or shift differentials which are not included in the computation of the established basic rate and which would...


plan or trust'' under section 7(e)(3)(b) of the Fair Labor Standards Act of 1938, as amended (hereinafter called the Act). In determining the total remuneration...


of the Act is required to meet all of the standards set forth in paragraphs (b) through (g) of this section and must not contain any of the disqualifying provisions...


meet the requirements of a bona fide profit-sharing plan or trust under section 7(e)(3)(b) of the Act: (a) If the share of any individual employee is determined in...


as qualifies hereunder which provides for the distribution by the employer to his employees of their respective shares of profits; (b) Profit-sharing trust means...


this part may submit in writing to the Administrator a petition setting forth the changes desired and the reasons for proposing them. If, upon inspection of the petition,...


the Act shall mean extra payments made to performers, including announcers on radio and television programs, where the payment is made: (a) To an employee having...


in addition to the straight-time and overtime compensation which [[Page 249]] would be due the performer under the agreement applicable to his...


writing to the Administrator a petition setting forth the changes desired and the reasons for proposing them. If, upon inspection of the petition, the Administrator believes...


of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 213(b)): (b) The provisions of section 7 shall not apply with respect to: ...


will make and apply findings under section 13(b)(11) of the Act as provided in this part. Such findings shall be made only upon petitions meeting the requirements of this part,...


respect to employees whose employment and compensation may be considered to qualify therefor under section 13(b)(11) may petition the Administrator, in writing, for a...


such detail as the Administrator may deem necessary for evaluation under the standards provided by the statute and this part, all the information required by Sec. 551.5....


(a) A full statement of the facts relied upon by the petitioner to establish, under the applicable definitions in Sec. 551.8, that the wage payment plan submitted...


and make any further inquiry into the facts that he may deem necessary. The Administrator may require, before taking further action thereof, that notice of...


effect required for exemption of employees under section 13(b)(11) and this part shall be effective in accordance with its terms upon notification to petitioners as provided...


Administrator of the Wage and Hour Division, United States Department of Labor. (c) Finding means a finding made pursuant to section 13(b)(11) of the Fair Labor Standards...


whom the overtime pay exemption under section 13(b)(11) is taken are specified in Sec. 516.15 of this chapter. [35 FR 17841, Nov....


the Administrator of the Wage and Hour Division, U.S. Department of Labor, or the Administrator's authorized representative. (b) Act means the Fair Labor Standards Act...


for the application of the Act to domestic service employment in accordance with the following amendments made by the Fair Labor Standards Amendments of 1974, 88 Stat. 55,...


the Act, the term domestic service employment refers to services of a household nature performed by an employee in or about a private home (permanent or temporary) of...


the Act, the term babysitting services shall mean the custodial care and protection, during any part of the 24-hour day, of infants or children in or about the private home...


Act, the term casual basis, when applied to babysitting services, shall mean employment which is irregular or intermittent, and which is not performed by an individual...


in section 13(a)(15) of the Act, the term companionship services shall mean those services which provide fellowship, care, and protection for a person who, because of advanced age...


a revision of any of the terms of the foregoing regulations may submit in writing to the Administrator a petition setting forth the changes desired, the reasons for proposing...


Congress in section 2(a) of the Act specifically found that the employment of persons in domestic service in households affects commerce. In the legislative history it was pointed...


(a)(1) Domestic service employees must receive for employment in any household a minimum wage of not less than that required by section 6(a) of the Fair Labor Standards Act. ...


domestic service employment contained in Sec. 552.3 is derived from the regulations issued under the Social Security Act (20 CFR 404.1057) and from ``the generally...


employees who reside in the household where they are employed are entitled to the same minimum wage as domestic service employees who work by the day. However, section...


is defined in Sec. 552.4. Babysitting is a form of domestic service, and babysitters other than those working on a casual basis are entitled to the same benefits...


(a) Employees performing babysitting services on a casual basis, as defined in Sec. 552.5 are excluded from the minimum wage and overtime provisions of the Act. The rationale for...


(a) It is clear from the legislative history that the Act's new coverage of domestic service employees is limited to those persons who perform such services in or about...


``companionship services for the aged or infirm'' is defined in Sec. 552.6. Persons who provide care and protection for babies and young children, who are not physically or...


perform other yard work in a neighborhood community generally provide their own equipment, set their own work schedule and occasionally hire other individuals. Such persons will...


section 12 as regards domestic service employees. Accordingly, the child labor provisions of the Act do not apply unless the underaged minor (a) is individually engaged in...


in providing companionship services, as defined in Sec. 552.6, and who are employed by an employer or agency other than the family or household using their services, are...


are found in part 516 of this chapter and they require that every employer having covered domestic service employees shall keep records which show for each...


Introduction (a) Act or FLSA means the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060, as amended; 29 U.S.C. 201-219). (b) 1985 Amendments means the...


the Fair Labor Standards Act (FLSA) changed certain provisions of the Act as they apply to employees of State and local public agencies. The purpose of part 553 is to set...


amended the FLSA to extend coverage to State and local government employees engaged in the operation of hospitals, nursing homes, schools, and mass transit systems. ...


excludes from the definition of ``employee'', and thus from coverage, certain individuals employed by public agencies. This exclusion applies to elected public officials,...


(a) Section 3(e)(2)(C) provides an exclusion from the Act's coverage for officials elected by the voters of their jurisdictions. Also excluded under this provision...


(a) Section 3(e)(2)(C) of the Act provides an exclusion from the definition of the term ``employee'' for individuals who are not subject to the civil service laws of...


requires that covered, nonexempt employees receive [[Page 262]] not less than one and one-half times their regular rates of pay for hours worked in excess of...


as follows: (o)(1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in...


off''. (a) Compensatory time and compensatory time off are interchangeable terms under the FLSA. Compensatory time off is paid time off the job which is earned...


work. (a) General. (1) As a condition for use of compensatory time in lieu of overtime payment in cash, section 7(o)(2)(A) of the Act requires an agreement...


activities. (a) Section 7(o)(3)(A) of the FLSA provides that an employee of a public agency which is a State, a political subdivision of a State, or...


``unduly disrupt''). (a) Section 7(o)(5) of the FLSA provides that any employee of a public agency who has accrued compensatory time and requested use...


due under section 7 may be paid in cash at the employer's option, in lieu of providing compensatory time off under section 7(o) of the Act in any workweek or work...


(a) Payments for accrued compensatory time earned after April 14, 1986, may be made at any time and shall be paid at the regular rate earned by the employee at the time the...


which is earned and accrued by an employee for employment in excess of a nonstatutory (that is, non-FLSA) requirement is considered ``other'' compensatory time. The...


(a) Section 7(p)(2) of the FLSA provides that where State or local government employees, solely at their option, work occasionally or sporadically on a part-time...


7(p)(3) of the FLSA provides that two individuals employed in any occupation by the same public agency may agree, solely at their option and with the approval of the public...


other exemptions from the minimum wage and/or overtime requirements of the FLSA which may apply to certain employees of public agencies. The following sections provide a discussion...


For each employee subject to the compensatory time and compensatory time off provisions of section 7(o) of the Act, a public agency which is a State, a political subdivision of...


7(k). For each employee subject to the partial overtime exemption in section 7(k) of the Act, a public agency which is a State, a political subdivision of a State,...


Labor Standards Act, as amended in 1985, provides that individuals performing volunteer services for units of State and local governments will not be regarded as ``employees''...


performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered,...


(a) Section 3(e)(4)(A)(ii) of the FLSA does not permit an individual to perform hours of volunteer service for a public agency when such hours involve the same type of services...


(a) The 1985 Amendments provide that employees may volunteer hours of service to their public employer or agency provided ``such services are not the same type of services which...


agencies. (a) Individuals who are not employed in any capacity by State or local government agencies often donate hours of service to a public agency for civic...


two or more States, political subdivisions, or interstate governmental agencies for mutual aid does not change the otherwise volunteer character of services performed...


(a) Volunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers. (b)...


553.200 Statutory provisions: section 13(b)(20). General Principles (a) Section 13(b)(20) of the FLSA provides a...


553.201 Statutory provisions: section 7(k). (a) Section 7(k) of the Act provides a partial overtime pay exemption for fire protection and law enforcement...


553.202 Limitations. The application of sections 13(b)(20) and 7(k), by their terms, is limited to public agencies, and does not apply to any...


553.210 Fire protection activities. (a) As used in sections 7(k) and 13(b)(20) of the Act, the term ``any employee . . . in fire protection activities''...


553.211 Law enforcement activities. (a) As used in sections 7(k) and 13(b)(20) of the Act, the term ``any employee . . . in law enforcement activities''...


553.212 Twenty percent limitation on nonexempt work. (a) Employees engaged in fire protection or law enforcement activities as described in Secs. 553.210...


553.213 Public agency employees engaged in both fire protection and law enforcement activities. (a) Some public agencies have employees (often called...


553.214 Trainees. The attendance at a bona fide fire or police academy or other training facility, when required by the employing agency, constitutes...


553.215 Ambulance and rescue service employees. (a) Ambulance and rescue service employees of a public agency other than a fire protection or law...


553.216 Other exemptions. Although the 1974 Amendments to the FLSA provided special exemptions for employees of public agencies engaged in fire protection and...


553.220 ``Tour of duty'' defined. (a) The term ``tour of duty'' is a unique concept applicable only to employees for whom the section 7(k) exemption is...


553.221 Compensable hours of work. (a) The general rules on compensable hours of work are set forth in 29 CFR part 785 which is applicable to employees for whom...


553.222 Sleep time. (a) Where a public employer elects to pay overtime compensation to firefighters and/or law enforcement personnel in accordance with...


553.223 Meal time. (a) If a public agency elects to pay overtime compensation to firefighters and law enforcement personnel in accordance with section...


553.224 ``Work period'' defined. (a) As used in section 7(k), the term ``work period'' refers to any established and regularly recurring period of work which,...


553.225 Early relief. It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to...


553.226 Training time. (a) The general rules for determining the compensability of training time under the FLSA are set forth in Secs. 785.27 through 785.32 of...


553.227 Outside employment. (a) Section 7(p)(1) makes special provision for fire protection and law enforcement employees of public agencies who, at their...


553.230 Maximum hours standards for work periods of 7 to 28 days-- section 7(k). (a) For those employees engaged in fire protection activities who have a...


553.231 Compensatory time off. (a) Law enforcement and fire protection employees who are subject to the section 7(k) exemption may receive compensatory time...


553.232 Overtime pay requirements. If a public agency pays employees subject to section 7(k) for overtime hours worked in cash wages rather than compensatory...


553.233 ``Regular rate'' defined. The rules for computing an employee's ``regular rate'', for purposes of the Act's overtime pay requirements, are set forth in...


amended, 1066, as amended, 1067, as amended; 29 U.S.C. 203, 211, 212. Source: 41 FR 26834, June 29, 1976, unless otherwise noted. As used in...


The Act, in section 3(1), sets a general 16-year minimum age which applies to all employment subject to its child labor provisions in any occupation other than...


3, 11, 12, 52 Stat. 1060, as amended, 1066, as amended, 1067, as amended; 29 U.S.C. 203, 211, 212. Source: 41 FR 26835, June 29, 1976, unless...


provided in Secs. 570.9 and 570.10, a certificate of age which shall have the effect specified in Sec. 570.5 shall contain the following information: (1) Name and address...


(a) Except as otherwise provided in Secs. 570.9 and 570.10, a certificate of age which shall have the effect specified in [[Page 287]] Sec. 570.5 shall be...


age which shall have the effect specified in Sec. 570.5 shall be issued by a person authorized by the Administrator of the Wage and Hour Division and shall be issued in...


(a) The States in which age, employment, or working certificates or permits have been found by the Administrator to be issued by or under the supervision of a State agency...


The State of Alaska and the Territory of Guam are designated as States in which any of the following documents shall have the same effect as Federal certificates of age...


person duly authorized to make investigations under this Act shall obtain substantial evidence that the age of the minor as given on a certificate held by an employer subject...


as proof of age under the Act shall be of no force and effect under the Act after notice of such revocation. Provisions of...


shall under any circumstances justify or be construed to permit noncompliance with the provisions of any other Federal law or of any State law or municipal ordinance...


of any of the provisions of this subpart may submit in writing to the Secretary of Labor a petition setting forth the changes desired and the reasons for proposing them....


Determination. Authority: Sec. 3, 52 Stat. 1060, as amended; 29 U.S.C. 203. The employment of minors between 14 and 16 years of age in the occupations,...


Effect of this subpart. In all occupations covered by this subpart the employment (including suffering or permitting to work) by an employer of minor employees...


Occupations. This subpart shall apply to all occupations other than the following: (a) Manufacturing, mining, or processing occupations, including...


Occupations in retail, food service, and gasoline service establishments. (a) This subpart shall apply to the following permitted occupations for minors between...


Periods and conditions of employment. (a) Except as provided in paragraph (b) of this section, employment in any of the occupations to which this subpart is...


Work experience and career exploration programs. (a) This section varies some provisions of this subpart for the employment of minors between 14 and 16 years of...


Certificates of age; effect. The employment of any minor in any of the occupations to which this subpart is applicable, if confined to the periods specified in...


Effect on other laws. No provision of this subpart shall under any circumstances justify or be construed to permit noncompliance with the wage and hour provisions...


Revision of this subpart. Any person wishing a revision of any of the terms of this subpart may submit in writing to the Secretary of Labor a petition setting forth...


Health or Well-Being Sec. 570.50 General. Authority: Secs. 3, 18, 52 Stat. 1060, 1069; 29 U.S.C. 203, 218. Note:...


Health or Well-Being Sec. 570.51 Occupations in or about plants or establishments manufacturing or storing explosives or articles...


Health or Well-Being Sec. 570.52 Occupations of motor-vehicle driver and outside helper (Order 2). (a) Findings and declaration...


or Well-Being Sec. 570.53 Coal-mine occupations (Order 3). (a) Finding and declaration of fact. All occupations in or about...


Health or Well-Being Sec. 570.54 Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or...


or Well-Being Sec. 570.55 Occupations involved in the operation of power-driven woodworking machines (Order 5). (a)...


Health or Well-Being Sec. 570.57 Exposure to radioactive substances and to ionizing radiations (Order 6). (a) Finding...


Health or Well-Being Sec. 570.58 Occupations involved in the operation of power-driven hoisting apparatus (Order 7). (a)...


Health or Well-Being Sec. 570.59 Occupations involved in the operations of power-driven metal forming, punching, and shearing machines...


Health or Well-Being Sec. 570.60 Occupations in connection with mining, other than coal (Order 9). (a) Finding and declaration...


Health or Well-Being Sec. 570.61 Occupations in the operation of power-driven meat-processing machines and occupations...


or Well-Being Sec. 570.62 Occupations involved in the operation of bakery machines (Order 11). (a) Finding and declaration...


or Well-Being Sec. 570.63 Occupations involved in the operation of paper-products machines (Order 12). (a) Findings...


Health or Well-Being Sec. 570.64 Occupations involved in the manufacture of brick, tile, and kindred products (Order 13). ...


or Well-Being Sec. 570.65 Occupations involved in the operations of circular saws, band saws, and guillotine shears (Order 14). ...


Health or Well-Being Sec. 570.66 Occupations involved in wrecking, demolition, and shipbreaking operations (Order 15). ...


or Well-Being Sec. 570.67 Occupations in roofing operations (Order 16). (a) Finding and declaration of fact. All occupations...


or Well-Being Sec. 570.68 Occupations in excavation operations (Order 17). (a) Finding and declaration of fact. The...


Sec. 570.70 Purpose and scope. Authority: Secs. 12, 13, 18, 52 Stat. 1067, 1069, as amended; 29 U.S.C. 212, 213, 218. (a) Purpose. Section...


Sec. 570.71 Occupations involved in agriculture. (a) Findings and declarations of fact as to specific occupations. The following occupations in agriculture...


Sec. 570.72 Exemptions. (a) Student-learners. The findings and declarations of fact in Sec. 570.71(a) shall not apply to the employment of any child...


Amended Sec. 570.101 Introductory statement. Authority: 52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219. ...


Sec. 570.102 General scope of statutory provisions. The most important of the child labor provisions are contained in sections 12(a), 12(c), and 3(l) of the...


Amended Sec. 570.103 Comparison with wage and hour provisions. A comparison of the child labor provisions with the so-called wage and hours provisions contained...


Sec. 570.104 General. Section 12(a) of the Act provides as follows: No producer, manufacturer, or dealer shall ship or deliver for shipment in...


Sec. 570.105 ``Producer, manufacturer, or dealer''. It will be observed that the prohibition of section 12(a) with respect to certain shipments or deliveries...


Amended Sec. 570.106 ``Ship or deliver for shipment in commerce''. (a) Section 12(a) forbids producers, manufacturers, and dealers to ``ship...


Amended Sec. 570.108 ``Produced''. The word ``produced'' as used in the Act is defined by section 3(j) to mean: * * * produced, manufactured,...


Sec. 570.109 ``Establishment situated in the United States''. (a)(1) The statute does not expressly define ``establishment.'' Accordingly, the term should...


Amended Sec. 570.110 ``In or about''. (a) Section 12(a) excludes from the channels of interstate commerce goods produced in an establishment ``in or about''...


Amended Sec. 570.111 Removal ``within 30 days''. According to section 12(a) goods produced in an establishment in or about which oppressive child labor has...


Sec. 570.112 General. (a) Section 12(c) of the Act provides as follows: No employer shall employ any oppressive child labor in commerce or in...


Amended Sec. 570.113 Employment ``in commerce or in the production of goods for commerce''. (a) The term ``employ'' is broadly defined in section 3(g) of...


Sec. 570.114 General. It should be noted that section 12(a) does not directly outlaw the employment of oppressive child labor. Instead, it prohibits the...


Amended Sec. 570.115 Joint applicability. The child labor coverage provisions contained in sections 12(a) and 12(c) of the Act may be jointly applicable in...


Sec. 570.116 Separate applicability. There are situations where section 12(c) does not apply because the minor himself is not considered employed in commerce...


Amended Sec. 570.117 General. (a) Section 3(1) of the Act defines ``oppressive child labor'' as follows: Oppressive child labor means a condition...


Sec. 570.118 Sixteen-year minimum. The Act sets a 16-year-age minimum for employment in manufacturing or mining occupations. Furthermore, this age minimum...


Sec. 570.119 Fourteen-year minimum. With respect to employment in occupations other than manufacturing and mining, the Secretary is authorized to...


Amended Sec. 570.120 Eighteen-year minimum. To protect young workers from hazardous employment, the Act provides for a minimum age of 18 years in occupations...


Sec. 570.121 Age certificates. (a) To protect an employer from unwitting violation of the minimum age standards, it is provided in section 3(1)(2) of the...


Amended Sec. 570.122 General. Specific exemptions from the child labor requirements of the Act are provided for: (a) Employment of children in...


Amended Sec. 570.123 Agriculture. (a) Section 13(c) of the Act provides an exemption from the child labor provisions for ``any employee employed in...


Sec. 570.124 Delivery of newspapers. Section 13(d) of the Act provides an exemption from the child labor as well as the wage and hours provisions for...


Amended Sec. 570.125 Actors and performers. Section 13(c) of the Act provides an exemption from the child labor provisions for ``any child employed as an actor...


Sec. 570.126 Parental exemption. By the parenthetical phrase included in section 3(l)(1) of the Act, a parent or a person standing in place of a parent...


Sec. 570.127 General. Section 15(a)(4) of the Act makes any violation of the provisions of sections 12(a) or 12(c) unlawful. Any such unlawful act or...


Sec. 570.128 Good faith defense. A provision is contained in section 12(a) of the Act relieving any purchaser from liability thereunder who ships or delivers...


Amended Sec. 570.129 Relation to other laws. Section 18 provides, in part, that ``no provision of this act relating to the employment of child labor shall...


added to the Fair Labor Standards Act of 1938, as amended, by the Fair Labor Standards Amendments of 1977. This section provides that: (A) An employer or group...


Act means the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060, as amended; 29 U.S.C. 201, et seq.). Administrator means the Administrator of the Wage and...


a waiver shall be filed with the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor, Washington, DC 20210....


An application for a waiver pursuant to section 13(c)(4) of the Act shall contain the following information: (a) The name, address, and zip code of the employer, or each...


Objective data, as required by section 13(c)(4) of the Act, shall also be submitted by the employer or group of employers applying for a waiver, to show that: (a) The crop...


Upon receipt of an application for a waiver, the Administrator shall review all of the information and supporting data. If sufficient, the Administrator shall grant a waiver;...


Any waiver granted pursuant to section 13(c)(4) of the Act and this part shall require that: (a) Employment of 10 and 11 year old minors pursuant to the waiver...


The Secretary prescribes the following terms and conditions for the protection of minors employed pursuant to a waiver granted under section 13(c)(4) of the Act: ...


If the employer or group of employers granted a waiver pursuant to section 13(c)(4) of the Act and this part do not comply with the terms and conditions set forth...


to provide that any person who repeatedly or willfully violates the minimum wage (section 6) or overtime provisions (section 7) of the Act shall be subject to a civil money...


(b) Administrator means the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, and includes any official of the...


assessed against any person who repeatedly or willfully violates section 6 (minimum wage) or section 7 (overtime) of the Act; Provided, however, that for any violation occurring...


section 6 or section 7 of the Act, the Administrator shall consider the seriousness of the violations and the size of the employer's business. (b) Where appropriate,...


of 1974, and as further amended by the Fair Labor Standards Amendments of 1989 and the Omnibus Budget Reconciliation Act of 1990, provides that-- (1)...


1060, as amended; 29 U.S.C. 201, et seq.); Administrative law judge means a person appointed as provided in 5 U.S.C. 3105 and subpart B of part 930 of title 5 of the CFR,...


the Act and/or the Secretary's regulations for which a penalty as provided by section 16(e) of the Act and this part may be imposed, unless employment of the minor or minors...


$10,000 for each employee who was the subject of a violation of section 12 or section 13(c)(5) of the Act relating to child labor or of any regulation issued under that...


of 1938, as amended (52 Stat. 1060 as amended; 29 U.S.C. 201 et seq.). Administrative law judge means a person appointed as provided in 5 U.S.C. 3105 and subpart B of...


for assessment of civil money penalties for any violation of the child labor provisions at section 12 of the Act and any regulation thereunder as set forth in...


any person of section 12 of the Act relating to child labor or any regulation issued under that section, or determines that there has been a repeated or willful...


the Administrator as to the amount of the penalty and the reason or reasons therefor; (b) Set forth the right to take exception to the assessment of penalties and...


the notice, take exception to the determination that the violation or violations for which the penalty is imposed occurred, the administrative determination by the Administrator...


the determination of penalty shall request an administrative hearing pursuant to this part. The exception shall be in writing to the official who issued the determination at...


the provisions of this subpart, the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges established by the Secretary at...


the individual, an officer of a corporation, or attorney of record or by mailing the determination to the last known address of the individual, officer, or attorney. If done...


be commenced upon receipt of a timely request for hearing filed in accordance with Sec. 580.6 of this subpart. Referral...


request for a hearing filed pursuant to and in accordance with Sec. 580.6 of this subpart, the Administrator, by the Associate Solicitor for the Division of Fair...


Upon receipt from the Administrator of an Order of Reference, the Chief Administrative Law Judge shall appoint an Administrative Law Judge to hear the case. The Administrative Law...


the issues referred by the Administrator. (b) The decision of the Administrative Law Judge shall be limited to a determination of whether the respondent has committed...


Judge shall file an appeal with the Secretary. To be effective, such appeal must be received by the Secretary within 30 days of the date of the decision of the Administrative...


Secretary of Labor, U.S. Department of Labor, Washington, DC 20210. (b) Number of copies. An original and two copies of all documents shall be filed. (c) Computation...


a petition seeking review of the Decision and Order of an Administrative Law Judge, the Chief Administrative Law Judge shall promptly forward a copy of the complete hearing...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR580.16] [Page 339] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES--Table of Contents Sec. 580.16 Final decision of the Secretary. The Secretary's final decision shall be served upon all parties and the Chief Administrative Law Judge, in person or by mail to the last known address. ...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR580.17] [Page 339] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES--Table of Contents Sec. 580.17 Retention of official record. The official record of every completed administrative hearing provided by this part shall be maintained and filed under the custody and control of the Chief Administrative Law Judge. ...


for in this part becomes final under Sec. 580.5 in accordance with the administrative assessment thereof, or pursuant to the decision and order of an Administrative...


not include any employees of the United States or its agencies. (b) Fish canning and processing. This industry shall include the canning, freezing, preserving, and...


or in the production of goods for commerce, or is employed in any enterprise engaged in commerce or in the production of goods for commerce, as these terms are defined...


to the provisions of Sec. 697.2 are working such notices of this part as shall be prescribed from time to time by the Administrator of the Wage and Hour Division of...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR697.4] [Page 342] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 697--INDUSTRIES IN AMERICAN SAMOA--Table of Contents Sec. 697.4 Effective dates. The wage rates specified in Sec. 697.1 shall be effective on September 11, 2001, except as otherwise specified. [64 FR 48525, Sept. 3, 1999. Redesignated and amended at 66 FR 44969, Aug. 27, 2001] [[Page 343]] ...


of 1938, as amended (52 Stat. 1060, 29 U.S.C. 201-219), and the Walsh-Healey Act as amended (49 Stat. 2036, 41 U.S.C. 35-45), as affected by the Portal-to-Portal Act of...


guide the Administrator in the performance of his administrative duties unless he is directed otherwise by the authoritative ruling of the courts, or unless he...


to individual employee coverage. Source: 15 FR 2925, May 17, 1950, unless otherwise noted. This subpart, which was adopted before the amendments of 1961...


(a) Scope and significance of this part. (1) The Fair Labor Standards Act of 1938 \1\ (hereinafter referred to as the Act), brings within the...


guides. The congressional policy under which employees ``engaged in commerce or in the production of goods for commerce'' are brought within the...


of coverage. (a) The coverage of the Act's wage and hours provisions as described in sections 6 and 7 does not deal in a blanket way with industries as a...


in both covered and noncovered activities. The Act applies to employees ``engaged in commerce or in the production of goods for commerce'' without regard to whether...


(a) The workweek is to be taken as the standard in determining the applicability of the Act. \13\ Thus, if in any workweek an employee is engaged in...


dependent on method of compensation. The Act's individual employee coverage is not limited to employees working on an hourly wage. The requirements of section 6 as to...


dependent on place of work. Except for the general geographical limitations discussed in Sec. 776.7, the Act contains no prescription as to the place where the...


of coverage. (a) The geographical areas within which the employees are to be deemed ``engaged in commerce or in the production of goods for commerce'' within...


provisions. (a) The activities constituting ``commerce'' within the meaning of the phrase ``engaged in commerce'' in sections 6 and 7 of the Act are defined...


of ``in commerce'' coverage. Under the definitions quoted above, it is clear that the employees who are covered by the wage and hours provisions of the Act as...


in the actual movement of commerce. (a) Under the principles stated in Sec. 776.9, the wage and hours provisions of the Act apply typically, but...


work related to instrumentalities of commerce. (a) Another large category of employees covered as ``engaged in commerce'' is comprised of employees performing...


across State lines. Questions are frequently asked as to whether the fact that an employee crosses State lines in connection with his employment brings...


international boundaries. Under the Act, as amended, an employee engaged in ``trade commerce, transportation, transmission, or communication'' between any State...


``production'' coverage. Sections 6 and 7 of the Act, as has been noted, cover not only employees who are engaged ``in commerce'' as explained above, but...


(a) The statutory provisions. The activities constituting ``production'' within the meaning of the phrase ``engaged in * * * production of goods for...


``producing, * * * or in any other manner working on'' goods. (a) Coverage in general. Employees employed in ``producing, manufacturing, mining, handling, or...


a ``closely related process or occupation directly essential to'' production of goods. (a) Coverage in general. Employees who are not actually ``producing * * *...


producers for commerce. (a) Covered employments illustrated. Some illustrative examples of the employees employed by a producer of goods for interstate or...


independent employers meeting needs of producers for commerce. (a) General statement. (1) If an employee of a producer of goods for commerce would not,...


(a) The statutory provision. An employee is covered by the wage and hours provisions of the Act if he is engaged in the ``production'' (as explained in Secs....


(a) General principles. As has been made clear previously, where ``goods'' (as defined in the Act) are produced ``for commerce,'' every employee engaged in...


Subpart limited to individual employee coverage. Source: 21 FR 5439, July 20, 1956, unless otherwise noted. This subpart, which was adopted before the...


Extension of coverage to employment in certain enterprises. Whether or not individually covered on the traditional basis, an employee is covered on an ``enterprise'' basis...


Guiding principles. (a) Scope of bulletin and general coverage statement. This subpart contains the opinions of the Administrator of the Wage and Hour Division...


Employment in the construction industry. (a) In general. The same principles for determining coverage under the Fair Labor Standards Act generally apply to employees in...


Travel in connection with construction projects. The Act also applies to employees who regularly travel across State lines in the performance of their duties, even though...


Regular and recurring activities as basis of coverage. Regular and recurring may mean a very small amount and is not to be determined by volume or percentages. Coverage depends...


Relationship of the construction work to the covered facility. Unless the construction work is physically or functionally integrated or closely identified with an existing...


Construction which is related to covered production. (a) Existing production establishments. (1) Covered production facilities within the concept of the Act include mines,...


Covered preparatory activities. (a) Before production begins. (1) The United States Supreme Court has held that the Act is applicable to employees of a company which...


Instrumentalities and channels of interstate commerce. (a) Typical examples. Instrumentalities and channels which serve as the media for the movement of goods and persons...


Construction performed on temporarily idle facilities. The Act applies to work on a covered interstate instrumentality or production facility even though performed during...


the Act, is a Federal statute of general application which establishes minimum wage, overtime pay, child labor, and equal pay requirements that apply as provided in the Act....


Department of Labor with respect to the meaning and application of the maximum hours and overtime pay requirements contained in section 7 of the Act. It is the purpose of...


Act or various specific exemptions provided in the statute, under which certain employees within the general coverage of the wage and hours provisions are wholly or...


in the Federal Register, the interpretations contained therein shall be in effect and shall remain in effect until they are modified, rescinded or withdrawn. This part...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR778.4] [Page 385] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 778--OVERTIME COMPENSATION--Table of Contents Subpart A--General Considerations Sec. 778.4 Reliance on interpretations. The interpretations of the law contained in this part 778 are official interpretations which may be relied upon as provided in section 10 of the Portal-to-Portal Act of 1947 (61 Stat. 84). ...


hourly, daily or weekly wages different from the minimum set forth in the Fair Labor Standards Act, and the payment of overtime compensation computed on bases different...


276a) provides for the inclusion of certain fringe benefits in the prevailing wages that are predetermined by the Secretary of Labor, under that Act and related statutes,...


for the predetermination and the specification in service contracts entered into by the Federal Government or the District of Columbia, of the minimum wages and...


of the Act deals with maximum hours and overtime compensation for employees who are within the general coverage of the Act and are not specifically exempt from its overtime...


the maximum number that an employee subject to its provisions may work for an employer in any workweek without receiving additional compensation at not less than the...


(apart from the child labor provisions and regulations thereunder) on the number of hours that an employee may work in any workweek, he may work as many hours a week as he...


the Act and is not exempt from its overtime pay requirements, the employer must total all the hours worked by the employee for him in that workweek (even though two or...


averaging of hours over 2 or more weeks. Thus, if an employee works 30 hours one week and 50 hours the next, he must receive overtime compensation for the overtime hours...


of 168 hours--seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. For purposes of computing...


The general rule is that overtime compensation earned in a particular workweek must be paid on the regular pay day for the period in which such workweek ends. When the...


overtime must be compensated at a rate not less than one and one-half times the regular rate at which the employee is actually employed. The regular rate of pay at which...


by the parties as to what is to be treated as the regular rate for an employee; it must be drawn from what happens under the employment contract (Bay Ridge Operating Co....


Act does not require employers to compensate employees on an hourly rate basis; their earnings may be determined on a piece-rate, salary, commission, or other basis, but in...


on the basis of a single hourly rate, the hourly rate is his ``regular rate.'' For his overtime work he must be paid, in addition to his straight time hourly earnings, a...


a piece-rate basis, his regular hourly rate of pay is computed by adding together his total earnings for the workweek from piece rates and all other sources (such as...


particular job, without regard to the number of hours worked in the day or at the job, and if he receives no other form of compensation for services, his regular rate is...


salary basis, his regular hourly rate of pay, on which time and a half must be paid, is computed by dividing the salary by the number of hours which the salary is intended...


of work which fluctuate from week to week and the salary may be paid him pursuant to an understanding with his employer that he will receive such fixed amount as...


or more different types of work for which different nonovertime rates of pay (of not less than the applicable minimum wage) have been established, his regular rate for that week...


are regarded as part of wages, the reasonable cost to the employer or the fair value of such goods or of furnishing such facilities must be included in the...


of sales in excess of a specified amount, or on some other formula) are payments for hours worked and must be included in the regular rate. This is true regardless of whether...


to the employee's other earnings for that workweek (except overtime premiums and other payments excluded as provided in section 7(e) of the Act), and the total is divided...


be completed until sometime after the regular pay day for the workweek, the employer may disregard the commission in computing the regular hourly rate until the amount...


If it is not possible or practicable to allocate the commission among the workweeks of the period in proportion to the amount of commission actually earned or reasonably presumed to...


debiting returns or allowances [[Page 394]] which affect the computation of commissions, the amounts paid to the employee for the computation period will...


for employees paid wholly or partly on a commission basis may be computed on an established basic rate, in lieu of the method described above. See Sec. 778.400 and part 548 of...


The Statutory Provisions (a) Section 7(e). This subsection of the Act provides as follows: As used in this section the...


work in excess of or outside of specified daily or weekly standard work periods or on certain special days are regarded as overtime premiums. In such case, the extra...


excess of 8 per day or statutory weekly standard. Many employment contracts provide for the payment of overtime compensation for hours worked in excess of 8 per day or 40 per...


Under section 7(e)(6) and 7(h) of the Act, extra compensation provided by a Premium rate of at least time and one-half which is paid for work on Saturdays, Sundays, holidays,...


a collective bargaining agreement or other applicable employment contract in good faith establishes certain hours of the day as the basic, normal, or regular workday...


may be illustrated by the following example: Suppose an agreement of employment calls for the payment of $7.50 an hour for all hours worked on a holiday or on Sunday in...


section 7(e)(7) where ``clock pattern'' premiums are paid may be illustrated by reference to provisions typical of the applicable collective bargaining agreements traditionally...


defined by the statute. The various types of contract premium rates which provide extra compensation qualifying as overtime premiums to be excluded from the regular rate...


7(e) of the Act requires the inclusion in the regular rate of all remuneration for employment except seven specified types of payments. Among these excludable payments...


bonus payment is considered a part of the regular rate at which an employee is employed, it must be included in computing his [[Page 400]] regular hourly rate of pay...


the payment of a bonus may also provide for the simultaneous payment of overtime compensation due on the bonus. For example, a contract made prior to the performance of...


Act provides that the regular rate shall not be deemed to include ``sums paid in recognition of services performed during a given period if * * * (a) both the fact that payment...


of the Act provides that the term ``regular rate'' shall not be deemed to include ``sums paid as gifts; payments in the nature of gifts made at Christmas time or on...


the term ``regular rate'' shall not be deemed to include ``sums paid in recognition of services performed during a given period if * * * the payments are made pursuant to...


(a) Statutory provision. Section 7(e)(4) of the Act provides that the term ``regular rate'' shall not be deemed to include: ``contributions irrevocably made by an...


(a) General rules. In order for an employer's contribution to qualify for exclusion from the regular rate under section 7(e)(4) of the Act the following conditions must...


the term ``regular rate'' shall not be deemed to include ``payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of...


on his employer's behalf or where he is required to expend sums solely by reason of action taken for the convenience of his employer, section 7(e)(2) is applicable...


occasional periods when the employee is not at work due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause, where...


or not. As explained in Sec. 778.218, certain payments made to an employee for periods during which he performs no work because of a holiday or vacation are not required...


agreements, an employee may be paid a minimum of a specified number of hours' pay at the applicable straight time or overtime rate on infrequent and sporadic...


principles discussed in Sec. 778.220 are applied also with respect to typical minimum ``call-back'' or ``call-out'' payments made pursuant to employment...


and 778.221 are also applied with respect to certain types of extra payments which are similar to call-back pay, such as: (a) Extra payments made to employees,...


compensated for all hours worked. As a general rule the term ``hours worked'' will include: (a) All time during which an employee is required to be on duty or to be on...


discussed the basic types of payments for which exclusion from the regular rate is specifically provided under section 7(e)(2) because they are not made as compensation...


from the regular rate of ``talent fees (as such talent fees are defined and delimited by regulations of the Secretary) paid to performers, including announcers, on radio...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR778.300] [Page 410] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 778--OVERTIME COMPENSATION--Table of Contents Subpart D--Special Problems Sec. 778.300 Scope of subpart. Introductory This subpart applies the principles of computing overtime to some of the problems that arise frequently. Change in the Beginning of the Workweek ...


be changed for an employee or for a group of employees if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act. A...


the workweek is changed, if the hours which fall within both ``old'' and ``new'' workweeks as explained in Sec. 778.301 are hours in which the employee does no work,...


collective bargaining or otherwise, it operates to increase the regular rate of pay of the employees for the period of its retroactivity. Thus, if an employee is awarded...


cover reductions in pay resulting from several causes: (1) Deductions to cover the cost to the employer of furnishing ``board, lodging or other facilities,'' within the...


earnings are subject to deductions of the types described in paragraphs (a)(1), (2), and (3) of Sec. 778.304 is determined by dividing his total compensation...


not, properly speaking, ``deductions'' at all. If an employee is compensated at a fixed salary for a fixed workweek and if this salary is reduced by the amount of the...


reasons, the regular rate of an employee is computed before deductions are made, as in the case of deductions of the types in paragraphs (a) (1), (2), and (3) of...


for hours worked in excess of the applicable maximum hours standard at a rate not less than one and one-half times the regular rate. The overtime rate, like...


excess of the statutory maximum each workweek, it is, of course, proper to pay him, in addition to his compensation for nonovertime hours, a fixed sum in any such week for...


performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money may be equal to...


same reasoning applies where employees are paid a flat rate [[Page 414]] for a special job performed during overtime hours, without regard to the time...


paid according to a job or task rate without regard to the number of hours consumed in completing the task. Such agreements take various forms but the two most usual forms...


of the operation of a plan of the second type discussed in Sec. 778.312 may serve to illustrate the effects on statutory overtime computations of payment on a task basis. Assume...


for which contract overtime compensation is paid to employees working on a ``task'' or ``stint'' basis actually qualify as overtime hours under section 7(e)(5), (6), or (7)....


which overtime compensation is due, all hours worked (see Sec. 778.223) by an employee for an employer in a particular workweek must be counted. Overtime compensation, at...


permissible for an employer and an employee to agree upon different base rates of pay for different types of work, it is settled under the Act that where a rate has been agreed upon...


certain nonovertime hours stands on no better footing since it would have the same effect of diminishing the employee's total overtime [[Page...


agreements provide for payment only for the hours spent in productive work; the work hours spent in waiting time, time spent in travel on the employer's behalf or...


certain hours, which constitute working time under the Act, coupled with a provision that these hours will not be counted as working time. Such a provision is a nullity. If...


for hours spent in certain types of activities which would not be regarded as working time under the Act if no compensation were provided. Preliminary and...


rate at which an employee is actually employed, and since this rate is determined by dividing his total remuneration for employment (except statutory exclusions) for a...


is 40 hours was hired at a salary of $200 for a fixed workweek of 40 hours, his regular rate at the time of hiring was $5 per hour. If his workweek is later reduced to...


of reducing the workweek from 40 to 35 hours. It is not either the necessary result or the only possible result. As in all cases of employees hired on a salary basis,...


an hourly rate of pay and have customarily worked a fixed workweek. If the workweek is reduced from 40 to 35 hours without reduction in total pay, the average hourly rate...


time pay for a longer workweek. If an employee whose maximum hours standard is 40 hours was hired at a fixed salary of $275 for 55 hours of work, he was entitled to...


in the foregoing sections does not, of course, apply to a situation in which the former earnings at both straight time and overtime are paid to the employee for the...


somewhat different where a temporary reduction is involved. Reductions for the period of a dead or slow season follow the rules announced above. However, reduction on a...


permanent reduction of the normal scheduled workweek from say, 48 hours to 40 hours, an agreement is entered into with a view to lessening the shock caused by the...


basis with the understanding that his weekly salary is intended to cover the fixed schedule of hours (and no more) and that this fixed schedule provides for...


behalf of an employer to an employee as remuneration for employment must be included in the regular rate, whether paid in the form of cash or otherwise. Prizes are...


work done by the employee during his customary working hours at his normal assigned tasks (whether on the employer's premises or elsewhere) it is obviously paid as...


outside the customary working hours of the employee, beyond the scope of his customary duties or away from the employer's premises, the question of whether the...


submitted under a suggestion system plan are to be regarded as part of the regular rate. There is no hard and fast rule on this point as the term ``suggestion...


Rate Section 7(g)(3) of the Act provides the following exception from the provisions of section 7(a): (g) No employer shall be deemed to...


(3) of the Act are published as Part 548 of this chapter. Payments made in conformance with these regulations satisfy the overtime pay requirements of the Act. ...


provides the following exception from the provisions of section 7(a): (f) No employer shall be deemed to have violated subsection (a) by employing any employee for...


section 7(f). Section 7(f) is the only provision of the Act which allows an employer to pay the same total compensation each week to an employee who works overtime...


section 7(f) of the Act is designed to provide a means whereby the employer of an employee whose duties necessitate irregular hours of work and whose total wages if computed...


section 7(f) can be made only with (or by his representatives on behalf of) an employee whose ``duties * * * necessitate irregular hours of work.'' It is clear that...


Any employment in which the employee's hours fluctuate only in the overtime range above the maximum workweek prescribed by the statute lacks the irregularity of hours...


individual contract or pursuant to an agreement made as a result of collective bargaining by representatives of employees.'' It cannot be a onesided affair determinable only...


``a regular rate of pay of not less than the minimum hourly rate provided in subsection (a) or (b) of section 6 (whichever may be applicable).'' The word...


not less than one and one-half times the specified regular rate for all hours worked in excess of the applicable maximum hours standard for the particular workweek. All...


a weekly guaranty. A guaranty of monthly, semimonthly, or biweekly pay (which would allow averaging wages over more than one workweek) does not qualify under this...


not exceed compensation due at the specified regular rate for the applicable maximum hours standard and at the specified overtime rate for the additional hours, not...


While the guaranteed pay may not cover more than 60 hours, the contract may guarantee pay for a lesser number of hours. In order for a contract to qualify as a bona...


on the rate so specified,'' in the contract. If the contract specifies a regular rate of $5 and an overtime rate of $7.50 and guarantees pay for 50 hours and the...


contract, to qualify under section 7(f), must be approved by the Secretary of Labor or the Administrator. The question of whether a contract which purports to qualify an...


(g) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under...


to provide an exception from the requirement of computing overtime pay at not less than one and one-half times the regular rate for hours worked in excess of the...


in every case before the overtime computation authorized under section 7(g)(1) or (2) may be utilized. (a) First, in order to insure that the method of computing...


piece rate for the work performed during nonovertime hours may agree with his employer in advance of the performance of the work that he shall be paid at a rate not less than one...


performs two or more different kinds of work, for which different straight time hourly rates are established, may agree with his employer in advance of the performance of...


and piece rates, the payment of a rate not less than one and one-half times the hourly or piece rate applicable to the type of work being performed during the overtime...


hours in excess of 8 in a day, or in excess of the applicable maximum hours standard, or in excess of the employees' normal working hours or regular working hours (as...


(a) Since the term regular rate is defined to include all remuneration for employment (except statutory exclusions) whether derived from hourly rates, piece...


the Act was a plan known as the ``Poxon'' or ``split-day'' plan. Under this plan the normal or regular workday is artificially divided into two portions one of which...


applied to a sum which is paid as an addition to total wages usually because of extra effort of one kind or another, or as a reward for loyal service or as a gift. The term...


on a percentage of total wages--both straight time and overtime wages-- satisfies the Act's overtime requirements, if it is paid unconditionally. Such a bonus increases...


as the G.I. bill of rights) to a veteran employed in on-the-job training program work may not be used to offset the wages to which he is entitled under the Fair...


(a) The statutory provision. Section 7(j) of the Act provides, for hospital and residential care establishment employment, under prescribed conditions, an exemption...


overtime pay requirements of the Act provide for such pay only when the number of hours worked exceeds the standard specified for the workweek; no overtime compensation on...


Section 7(q) of the Act, enacted as part of the 1989 Amendments, provides an exemption from the overtime pay requirements for time spent by certain employees who are...


Introductory It is the purpose of this part to provide an official statement of the views of the Department of Labor with respect to the application...


of 1938, as amended, is a Federal statute of general application which establishes minimum wage, maximum hours, overtime pay, equal pay, and child labor requirements that...


1966, an employer may have some employees subject to its minimum wages, maximum hours, overtime pay, equal pay, or child labor provisions who would be covered by...


the Act. Before the 1966 amendments, the Act applied, as it still applies, to employees individually engaged in interstate or foreign commerce or in the production...


many employees of retailers as well as other employees who would not be subject to the minimum wage or overtime pay provisions of the Act as it was prior to the 1966...


the provisions of the Act which govern its application to employers and employees in enterprises and establishments that make retail sales of goods or services. It...


Bulletins having general application to others subject to the law as well as to retailers and their employees have been issued on a number of subjects of general interest....


in this part contain the official interpretations of the Department of Labor with respect to the application under described circumstances of the provisions of law which...


on interpretations of the Act are made by the courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling, 316 U.S. 517). Court decisions supporting...


the law contained in this part are official interpretations which may be relied upon as provided in section 10 of the Portal-to-Portal Act of 1947. In addition, the Supreme Court...


On and after publication of this part in the Federal Register, the interpretations contained therein shall be in effect and shall remain in effect until they...


the provisions of law discussed in this part depend in large degree on the definitions of terms used in these provisions. The Act itself defines some of these terms. Others...


and foreign commerce. It is defined in section 3(b) of the Act to mean ``trade, commerce, transportation, transmission or communication among the several States...


goods for commerce as used in the Act it is necessary to refer to the definition in section 3(j) of the term ``produced.'' A detailed discussion of the application...


Act states that goods, as used in the Act, means ``goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce...


that ``Sale'' or ``sell'', as used in the Act, ``includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.''...


of the United States or the District of Columbia or any Territory or possession of the United States'' (Act, section 3(c)). The application of this definition in...


Section 3(m) of the Act provides that as used in the Act, ``wage'' paid to any employee: includes the reasonable cost, as determined by the Secretary of Labor, to...


on overtime compensation, part 778 of this chapter, employees subject to the overtime pay provisions of the Act must generally receive for their overtime work in...


impose certain requirements and prohibitions on every ``employer'' subject to their terms. The employment by an ``employer'' of an ``employee'' is, to the...


``enterprise'' set forth in Sec. 779.21), ``person'' is defined as meaning ``an individual, partnership, association, corporation, business trust, legal representative,...


in pertinent part that ``enterprise'' as used in the Act: means the related activities performed (either through unified operation or common control) by any person...


for commerce. The portions of the former and present definitions of ``enterprise engaged in commerce or in the production of goods for commerce'' (contained...


which is not specially defined therein, refers to a ``distinct physical place of business'' rather than to ``an entire business or enterprise'' which may include...


to the Act, the term ``retail or service establishment'', which was not previously defined in the law, was given a special definition for purposes of the Act. The...


779.100 Basic coverage in general. General Principles Except as otherwise provided in specific exemptions, the...


779.101 Guiding principles for applying coverage and exemption provisions. It is clear that Congress intended the Fair Labor Standards Act to be broad in...


779.102 Scope of this subpart. The Act has applied since 1938 and continues to apply to all employees, not specifically exempted, who are engaged: (a)...


779.103 Employees ``engaged in commerce.'' Employees are ``engaged in commerce'' within the meaning of the Act when they are performing work involving or related...


779.104 Employees ``engaged in the production of goods for commerce.'' The activities constituting ``production'' within the meaning of the phrase ``engaged in * *...


779.105 Employees engaged in activities ``closely related'' and ``directly essential'' to the production of goods for commerce. Some employees are covered...


779.106 Employees employed by an independent employer. Where the work of an employee would be closely related and directly essential to the production of goods...


779.107 Goods defined. The term goods is defined in section 3(i) of the Act and has a well established meaning under the Act since it has been contained in...


779.108 Goods produced for commerce. Goods are ``produced for commerce'' if they are ``produced, manufactured, mined, handled or in any other manner worked on''...


779.109 Amount of activities which constitute engaging in commerce or in the production of goods for commerce. The Act makes no distinction as to the...


779.110 Employees in retailing whose activities may bring them under the Act. The discussion in Secs. 779.103 to 779.109 included general reference to types...


779.111 Buyers and their assistants. Buyers and their assistants, employed by retail businesses, as a regular part of their duties, generally travel across...


779.112 Office employees. Similarly office employees of retail businesses who regularly and recurrently check records of and make payments for goods shipped...


779.113 Warehouse and stock room employees. Warehouse and stock room employees of retail businesses who regularly and recurrently engage in the loading or...


779.114 Transportation employees. Transportation employees of retail businesses, such as truck drivers or truck drivers' helpers, who regularly and recurrently...


779.115 Watchmen and guards. Watchmen or guards employed by retail businesses who protect the warehouses, workshops, or store premises where goods moving...


779.116 Custodial and maintenance employees. Custodial and maintenance employees who perform maintenance and custodial work on the machinery, equipment, or...


779.117 Salesmen and sales clerks. A salesman or a sales clerk who regularly and recurrently takes orders for, [[Page 455]] or sells, or...


779.118 Employees providing central services for multi-unit organizations. Employees providing central services for a multiunit organization may be engaged...


779.119 Exempt occupations. Of course, it should be noted that although employees may be engaged in commerce or in the production of goods for commerce within...


amendments. Enterprise; the Business Unit The 1961 amendments for the first time since the enactment of the Fair Labor Standards Act...


the Act. The term ``enterprise'' is defined in section 3(r) of the Act and, wherever used in the Act, is governed by this definition. (Sec. 779.21(a)...


Under the definition, the ``enterprise'' consists of ``the related activities performed * * * for a common business purpose.'' All of the activities comprising the...


and ``employer.'' The coverage, exemption and other provisions of the Act depend, in part, on the scope of the terms employer, establishment,...


(a) The single establishment business. In the simplest type of organization--the entire business ordinarily is one enterprise. The entire business activity of the...


The enterprise must consist of certain ``related activities'' performed for a common business purpose; activities which are not ``related'' are not a...


(a) The Senate Report on the 1961 amendments states as follows, with respect to the meaning of related activities: Within the meaning of this term, activities...


In the case of an enterprise which has one or more retail or service establishments, all of the activities which are performed for the furtherance of the...


``related activities.'' As stated in Senate Report No. 145, 87th Congress, 1st Session, cited in Sec. 779.206, auxiliary and service activities, such as central...


activities.'' (a) The Senate Report also states (see Sec. 779.206 that activities are ``related'' when they are ``part of a vertical structure such as...


part of the enterprise. (a) An enterprise may perform certain activities that appear entirely foreign to its principal business but which may be a part of the...


``related.'' Activities which are not related even if performed by the same employer are not included as a part of the enterprise. The receipts from the...


performed for a ``common business purpose.'' The related activities described in section 3(r) as included in the statutory enterprise are those performed for...


Generally, the term ``common business purpose'' will encompass activities whether performed by one person or by more than one person, or corporation, or...


The activities described in section 3(r) are included in an enterprise only when they are performed for a ``business'' purpose. Activities of eleemosynary, religious, or...


(a) Under the definition related activities performed for a common business purpose will be a part of the enterprise when they are performed either through ``unified...


The terms ``unified operation'' and ``common control'' do not have a fixed legal or technical meaning. As used in the definition, these and other terms must be given...


Webster defines the word ``unify'' to mean ``to cause to be one; to make into a unit; to unite.'' The pertinent definition of ``operation'' is a method or way of...


There are many instances where several establishments, persons, corporations, or other business organizations, join together to perform some or all of...


without common control or common ownership. The performance of related activities through ``unified operation'' to serve a [[Page...


separately owned or controlled activities which are related. Whether there is unified operation of related activities will thus be of concern primarily in those cases...


Under the definition the ``enterprise'' includes all related activities performed through ``common control'' for a common business purpose. The word ``control'' may...


As pointed out in Sec. 779.215 ``unified operation'' and ``common control'' do not refer to the ownership of the described activities but only to their performance. It is...


individual or single organization. Ownership, sufficient to exercise ``control,'' of course, exists where total ownership is vested in a single person, family...


(a) As stated in Sec. 779.215 ``common control'' may exist with or without ownership. The actual control of the performance of the related activities is sufficient...


(a) As stated in section 3(r) of the enterprise includes ``departments of an establishment operated through leasing arrangements.'' This statutory provision is based on the...


retail or service establishment under certain franchise and other arrangements. While certain franchise and other arrangements may operate to bring the one to whom...


exception. This exception, in accordance with its specific terms, will apply to exclude an establishment from enterprise coverage only if the following conditions...


exception. If the retail or service establishment meets the requirements in paragraphs (a) through (c) of Sec. 779.227, it may enter into the following...


With respect to those arrangements specifically described in the proviso contained in the definition, an independently owned retail or service establishment will not be considered to...


(a) There are many different and complex arrangements by which businesses may join to perform their activities for a common purpose. A general discussion will be...


not create a larger enterprise. (a) While it is clear that in every franchise a businessman surrenders some rights, it equally is clear that every franchise does not...


create a larger enterprise. (a) In other instances, franchise arrangements do result in bringing a dealer's business into a larger enterprise with the one granting...


``for'' an enterprise. (a) The definition in section 3(r) specifically provides that the ``enterprise'' shall not include ``the related activities performed...


are the owner or members of his immediate family. Section 3(s) provides that any ``establishment which has as its only regular employees the owner thereof or...


No attempt has been made in the discussion of the term ``enterprise,'' to consider every possible situation which may, within the meaning of section 3(r), constitute...


through 779.235 discuss the various criteria for determining what business unit or units constitute an ``enterprise'' within the meaning of the Act. Sections 779.237...


in the production of goods for commerce. Under section 3(s) the ``enterprise'' to be covered must be an ``enterprise engaged in commerce or in the production of...


on annual basis. As set forth in the preceding section an enterprise to be a ``covered enterprise'' must have at least some employees engaged in...


in the production of goods for commerce.'' The term ``engaged in commerce or in the production of goods for commerce,'' as used in section 3(s) of the Act in...


or otherwise working on goods.'' (a) ``Goods'' upon which the described activities are performed. Employees will be considered to be handling, selling, or otherwise...


of the term ``sale'' or ``sell'' is quoted in Sec. 779.15. As long as the employee in any way participates in the sale of the goods he will be considered to be...


commerce. For the purpose of section 3(s), goods will be considered to ``have been moved * * * in commerce'' when they have moved across State lines before they...


commerce by any person.'' An employee will be considered to be handling, selling, or otherwise working on goods that have been ``produced for commerce by any...


retailers of goods or services. Retailers of goods or services are primarily concerned with the enterprises described in sections 3(s)(1) and 3(s)(5) of the prior...


service enterprises. (a) Retail or service enterprises may be covered under section 3(s)(1) of the prior Act or section 3(s)(1) of the amended Act although the...


of the Act prior to 1966 amendments. To come within the scope of section 3(s)(1) of the prior Act, the enterprise, [[Page 474]] in addition to...


The term ``goods'' as used in section 3(s) of the prior and amended Act is defined in section 3(i) of the Act. The statutory definition is quoted in Sec. 779.14, and is discussed...


(a) Goods will be considered purchased or received ``for resale'' for purposes of the inflow test contained in section 3(s)(1) of the prior Act if they...


State lines. In order to be included in the annual dollar volume for purposes of this test, the goods which the enterprise purchases or receives for resale must...


identity. Goods which are purchased or received by the enterprise from within the State will be considered goods which ``have moved across State lines'' if...


(a) Goods which are purchased or received by the enterprise within the State will not be considered goods which have ``moved across State lines'' if...


Goods which move across State lines only in the course of deliveries from the reselling establishment of the enterprise are not included as goods...


total annual inflow volume. The goods which the establishment purchases or receives for resale that move or have moved across State lines must ``amount in total...


to and following the 1966 amendments. The ordinary gasoline service establishment is a covered enterprise under the Act if it has an annual gross volume of...


(a) A gasoline service station or establishment is one which is typically a physically separate place of business engaged primarily (``primarily''...


gasoline service establishments. (a) The requirement that the enterprise must be ``an enterprise engaged in commerce or in the production of goods for commerce''...


establishments under the prior Act. Section 13(b)(8) of the prior Act (before the 1966 amendments) contained an exemption from the overtime pay requirements...


The Senate Report on the 1966 amendments reaffirmed the intent to measure the ``dollar volume of sales or business'' including ``the gross receipts or gross business''...


volume. (a) The annual gross volume of sales made or business done of an enterprise consists of its gross receipts from all types of sales made and business done...


Where merchandise is taken in trade when a sale is made, the annual gross volume of sales or business will include the gross amount of the sale before deduction of the allowance...


Sections 3(s)(1) and 13(a)(2) of the amended Act as well as sections 3(s)(1), 3(s)(2), 3(s)(5), and 13(a)(2)(iv) of the prior Act provide for the exclusion of ``excise taxes at...


(a) Federal excise taxes are imposed at the retail level on highway vehicle fuels other than gasoline under the provisions of 26 U.S.C. 4041. Such excise taxes...


There are also a wide variety of taxes levied at the manufacturer's or distributor's level and not at the retail level. It should be noted, however, that...


A tax is separately stated where it clearly appears that it has been added to the sales price as a separate, identifiable amount, even though there was no invoice or...


The annual gross dollar volume of sales made or business done of an enterprise or establishment consists of the gross receipts from all of its sales or its volume of...


sales or business. (a) No computations of annual gross dollar volume are necessary to determine coverage or exemption in those enterprises in which the gross...


affecting enterprise coverage and establishment exemptions. It is possible that the analysis performed at the beginning of each quarter to determine...


Where it is not practicable to compute the annual gross volume of sales or business under paragraph (b) of Sec. 779.266 in time to determine obligations under...


When a new business is commenced the employer will necessarily be unable for a time to determine its annual dollar volume on the basis of a full 12-month period...


General Principles Subpart C of this part has discussed the various criteria for determining coverage under the Act of employers and employees...


(a) Section 13(a) (2), (4), (11), and section 13(b)(18) of the Act, as amended, grant exemption from the minimum [[Page 483]] wage provisions of section 6 and...


establishment. Some exemptions depend on the character of the establishment by which an employee is employed. These include the ``retail or service...


``enterprise'' and ``business.'' As previously stated in Sec. 779.23, the term establishment as used in the Act means a distinct physical place of business....


(a) The unit store ordinarily will constitute the establishment contemplated by the exemptions. The mere fact that a store is departmentalized will not alter...


same premises. Although, as stated in the preceding section, two or more departments of a [[Page 485]] business may constitute a single establishment, two...


It does not follow from the principles discussed in Sec. 779.305 that leased departments engaged in the retail sale of goods or services in a...


and ``employee of.'' Section 13(a)(2) as originally enacted in 1938 exempted any employee ``engaged in'' any retail or service establishment. The 1949 amendments to...


In order to meet the requirement of actual employment ``by'' the establishment, an employee, whether performing his duties inside or outside the establishment,...


Since the exemptions by their terms apply to the employees ``employed by'' the exempt establishment, it follows that those exemptions will not extend to other employees...


businesses. (a) Where the employer's business operations are conducted in more than one establishment, as in the various units of a chain-store system or...


establishment of same employer. (a) An employee who is employed by an establishment which qualifies as an exempt establishment under section 13(a)(2) or (4) is...


in section 13(a)(2). The 1949 amendments to the Act defined the term ``retail or service establishment'' in section 13(a)(2). That definition was retained...


The statutory definition of the term ``retail or service establishment'' found in section 13(a)(2), clearly provides that an establishment to be a ``retail or...


The term ``goods'' is defined in section 3(i) of the Act and has been discussed above in Sec. 779.14. The Act, however, does not define the term ``services.'' The...


The term ``retail'' whether it refers to establishments or to the sale of goods or services is susceptible of various interpretations. When used in...


not within statutory definition; lack first requirement. The term ``retail'' is alien to some businesses or operations. For example, transactions of an...


``retail concept.'' There are types of establishments in industries where it is not readily apparent whether a retail concept exists and whether or not...


retail or service establishments. (a) Typically a retail or service establishment is one which sells goods or services to the general public. It serves the everyday needs...


be open to general public. The location of the retail or service establishment, whether in an industrial plant, an office building, a railroad depot, or a...


sales or service may be recognized as retail. Antique shops. Auto courts. Automobile dealers' establishments. Automobile laundries. Automobile...


to some types of sales or services of an eligible establishment. (a) Only those sales or services to which the retail concept applies may be recognized as...


a ``retail or service establishment.'' If the business is one to which the retail concept is applicable then the second requirement for qualifying as a ``retail...


In order to determine whether a sale or service is recognized as a retail sale or service in the ``particular industry'' it is necessary to identify the ``particular'' industry...


The express terms of the statutory provision requires the ``recognition'' to be ``in'' the industry and not ``by'' the industry. Thus, the basis for the determination as to what...


courts. It may be necessary for the Secretary in the performance of his duties under the Act, to determine in some instances whether a sale or service is recognized as...


In determining whether a sale or service is recognized as a retail sale or service in a particular industry, there are available to the Secretary a number of sources...


sale, of course, is not recognized as a retail sale. If an establishment derives more than 25 percent of its annual dollar volume from sales made at wholesale, it clearly...


(a) The distinction between a retail sale and a wholesale sale is one of fact. Typically, retail sales are made to the general consuming public. The sales are...


of goods or services. In some industries the type of goods or services sold or the type of purchaser of goods or services are determining factors in whether a sale...


a ``retail or service establishment.'' The third requirement for qualifying as a ``retail or service establishment'' within that term's...


Except with respect to a specific situation regarding certain building materials, the word ``resale'' is not defined in the Act. The common meaning of ``resale'' is the...


or as parts or ingredients of other goods or services. Sale for resale includes the sale of goods which will be resold in their original form, in an altered form, or...


other products. Goods are sold for resale where they are sold for use as a raw material in the production of a specific product to be sold, such as sales of coal...


The same principles apply in the case of sales of services for resale. A sale of services where the seller knows or has reasonable cause to believe will be resold is a sale...


or farm building construction. Section 3(n) of the Act, as amended, excludes from the category of sales for resale ``the sale of goods to be used in residential...


commercial property construction. Sales of building materials to a contractor or speculative builder for the construction, maintenance or repair of commercial property...


(a) An establishment which is a ``retail or service establishment'' within the Act's statutory definition of that term (See discussion in Secs. 779.312 to 779.336)...


(a) The 1961 amendments to the Fair Labor Standards Act narrowed the exemption for retail or service establishments by permitting section 13(a)(2) to be applied...


required. The first test specified in section 13 (a)(2) is that more than 50 percent of the sales of goods or of services (or of both) of a ``retail or...


Whether the sale or service is made to an out-of-State customer is a question of fact. In order for a customer to be considered an out-of- State customer, some specific...


``engagement in commerce'' distinguished. Sales to customers located in the same State as the establishment are sales made ``within the State'' even though such...


sales. The tests as to whether an establishment qualifies for exemption under section 13(a)(2) of the Act are specified in terms of the ``annual dollar volume of...


(a) An employee may be engaged in a particular workweek in two or more types of activities for each of which a specific exemption is provided by the Act. The combined work...


The section 13(a)(4) exemption (see Sec. 779.301) exempts any employee employed by a retail establishment which meets the requirements for exemption under...


An establishment to qualify for exemption under section 13(a)(4) must be an exempt retail establishment under section 13(a)(2); that is, 75 percent of its annual...


establishment''; factories not exempt. The section 13(a)(4) exemption requires the establishment to be recognized as a retail establishment in the...


sells them. (a) Further to make certain that the exemption applies to retail establishments only and not to factories, an additional requirement of...


The final requirement for the section 13(a)(4) exemption is that more than 85 percent of the establishment's sales of the goods it makes or processes, measured by annual...


not apply to service establishments. The section 13(a)(4) exemption applies to retail establishments engaged in the selling of goods. It does not apply to...


Section 13(a)(11) (See Sec. 779.301) exempts from sections 6 and 7 of the Act any employee or proprietor who is engaged in handling telegraphic...


The requirements of the exemption are: (a) The establishment in which the employee or proprietor works must qualify as an exempt retail or service establishment under...


The general principles governing the application of the 13(a)(2) and 13(a)(4) exemptions are explained in detail earlier in the subpart. It is the purpose of the following...


13(a)(4) establishments. (a) Section 13(a)(2). An establishment engaged in selling lumber and building materials may qualify as an exempt retail or...


materials sales. (a) General. In determining, for purposes of the section 13(a)(2) and (4) exemptions, whether 75 percent of the annual dollar volume of...


(a) Employees who may be exempt under sections 13(a)(2) and 13(a)(4). These exemptions apply on an establishment basis (see Secs. 779.302--779.306)....


classification of coal sales. (a) General. A coal dealer's establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of...


13(a)(4) establishments. (a) An establishment engaged in selling ice may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act if...


A liquefied-petroleum-gas or fuel oil dealer's establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act if...


(a) General. In determining, under the 13(a)(2) exemption, whether 75 percent of the establishment's sales are not for resale and are recognized as...


(a) Sales of fuel oil (as differentiated from sales of butane and propane gases) are classified as retail and nonretail sales as follows: (1) Retail...


13(a)(4) establishments. (a) An establishment engaged in selling feed may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act if...


13(a)(4) establishments. (a) An establishment engaged in the sale of monuments and memorials may qualify as an exempt retail or service establishment under...


13(a)(4) establishments. (a) An establishment engaged in providing frozen-food locker service to farmers and other private individuals and rendering services thereto...


13(a)(4) establishments. (a) An establishment engaged in the selling of tires, tubes, accessories and of repair services on tires may qualify as an exempt retail...


(a) Some automotive tire establishments engage in recapping and retreading work on tires which the establishment expects to sell in their reconditioned form....


exempt 13(a)(2) establishments. (a) A commercial stationer's establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the...


recognized as retail. (a) An establishment which is engaged in printing and engraving is not recognized as a retail establishment for purposes of section...


qualify as exempt 13(a)(2) establishments. (a) General. A funeral home establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of...


establishments. (a) General. A cemetery may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act if it meets all the...


implement establishments may qualify for exemption under section 13(a)(2). (a) General. The specific exemption from the provisions of sections 6 and 7 of the Act that...


certain exempt employees under section 13(b)(10). (a) General. A specific exemption from only the overtime pay provisions of section 7 of the Act is provided...


or exemptions. (a) As stated in Sec. 779.338, the special exceptions provided in the 1961 amendments for hotels, motels, restaurants, hospitals, institutions...


A hotel or motel establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act. However, the establishment must...


section 13(b)(8). (a) General. A hotel or motel establishment may qualify for exemption from the Act's overtime pay requirements, even if it is in an...


Section 13(a)(9) of the Act as amended in 1966 exempts from the minimum wage and overtime pay requirements ``any employee employed by an establishment which is...


An amusement or recreational establishment operating on a seasonal basis may qualify as an exempt establishment under section 13(a)(3) of the Act, added by the...


establishments. (a) A restaurant may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act. However, the establishment must...


13(b) (8). (a) As amended in 1966, the Act, in section 13(b) (8), exempts from its overtime pay provisions ``any employee employed by an establishment which is a * *...


beverage service employees. (a) A special exemption is provided in section 13(b)(18) of the Act for certain food or beverage service employees of retail or...


779.400 Purpose of subpart. General Principles The 1966 amendments to the Act changed certain existing provisions and...


779.401 Statutory provision. Section 13(a)(1) of the Act provides that the provisions of sections 6 and 7 shall not apply with respect to: Any...


779.402 ``Executive'' and ``administrative'' employees defined. The terms ``executive'' and ``administrative'' as used in section 13(a)(1) of the Act are defined...


779.403 Administrative and executive employees in covered enterprises employed in other than retail or service establishments. The up-to-40 percent tolerance...


779.404 Other section 13(a)(1) employees employed in covered enterprises. The ``professional'' employee or the ``outside salesman'' employed by a retail or...


779.405 Statutory provisions. Section 13(a)(7) of the Act provides that the provisions of sections 6 and 7 shall not apply to: [[Page 528]] ...


779.406 ``Student-learners''. (a) Applicable regulations. In accordance with section 14 of the Act regulations have been issued to provide for employment...


779.407 Learners other than ``student-learners''. Regulations have been issued in accordance with the authority in section 14 of the Act to provide for employment...


779.408 ``Full-time students''. The 1961 Amendments added to section 14 of the Act, the authority to issue special certificates for the employment of...


779.409 Handicapped workers. Regulations have been issued under the authority in section 14 of the Act to provide for employment under special certificate...


779.410 Statutory provision. Section 7 of the Act provides, in subsection (i): (i) No employer shall be deemed to have violated subsection (a)...


779.411 Employee of a ``retail or service establishment''. In order for an employee to come within the exemption from the overtime pay requirement provided by...


779.412 Compensation requirements for overtime pay exemption under section 7(i). An employee of a ``retail or service establishment'' who is paid on a...


779.413 Methods of compensation of retail store employees. (a) Retail or service establishment employees are generally compensated (apart from any extra...


779.414 Types of employment in which this overtime pay exemption may apply. Section 7(i) was enacted to relieve an employer from the obligation of paying...


779.415 Computing employee's compensation for the representative period. (a) In determining for purposes of section 7(i) whether more than half of an...


779.416 What compensation ``represents commissions.'' (a) Employment arrangements which provide for a commission on goods or services to be paid to an employee of...


779.417 The ``representative period'' for testing employee's compensation. (a) Whether compensation representing commissions constitutes most of an...


779.418 Grace period for computing portion of compensation representing commissions. Where it is not practicably possible for the employer to compute...


779.419 Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ``regular rate'' of pay. (a) If more than half of the compensation...


779.420 Recordkeeping requirements. The records which must be kept with respect to employees for whom the overtime pay exemption under section 7(i) is taken...


779.421 Basic rate for computing overtime compensation of nonexempt employees receiving commissions. The overtime compensation due employees of a retail or...


General In Subpart A of this part, reference was made to a number of regulations which discuss provisions of the Act, such as...


Section 6(d) of the Act provides: (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which...


part 1500 of this title. (a) The Act's prohibitions in relation to employment of child labor, which may have application to retailers, are found in section 12(a)...


Section 12(a) prohibits certain shipments or deliveries for shipment by ``producers,'' ``manufacturers'' ``or dealers.'' These terms having appeared in this section prior...


Section 12(c) was amended in 1961 to prohibit the employment of oppressive child labor in any enterprise engaged in commerce or in the production of goods for...


Section 3(1) of the Act defines oppressive child labor as follows: ``Oppressive child labor'' means a condition of employment under which (1) any employee under...


The Act sets a 16-year minimum for employment in manufacturing or mining occupations. Furthermore, this age minimum is applicable to employment in all other occupations unless...


(a) Prohibited occupations. With respect to employment in occupations other than manufacturing and mining, the Secretary is authorized to issue regulations or orders lowering...


To protect young workers from hazardous employment, the Act provides for a minimum age of 18 years in occupations found and declared by the Secretary to be particularly hazardous...


Section 13(b)(11) exempts from the provisions of section 7 of the Act: Any employee employed as a driver or driver's helper making local deliveries, who is compensated...


13(b)(11) exemption. In order that an employee be exempt from the overtime provisions of the Act under section 13(b)(11) he must be employed as a driver or...


As stated in Sec. 779.510, before the section 13(b)(11) exemption may be claimed, the Secretary must find that the trip rate basis of compensation, or other delivery payment...


Every employer who is subject to any of the provisions of the Act is required to maintain certain records. The recordkeeping requirements are set forth in regulations which...


No particular order or form of records is prescribed by the regulations. However, the records which the employer keeps must contain the information and data required by...


Basic records, such as payroll records, certificates issued or required under the Act, and employment agreements and other basic records must be preserved for at least 3...


This discussion in subpart F of this part is intended only to indicate the general requirements of the recordkeeping regulations. Each employer subject to any provision of...


Purpose of interpretative bulletins in this part. It is the purpose of the interpretative bulletins in this part to provide an official statement of the views of...


General scope of the Act. The Fair Labor Standards Act is a Federal statute of general application which establishes minimum wage, overtime pay, equal pay, and...


Exemptions from Act's requirements. The Act provides a number of specific exemptions from the general requirements described in Sec. 780.1. Some are exemptions from...


Exemptions discussed in this part. (a) The specific exemptions which the Act provides for employment in agriculture and in certain operations more or less...


Matters not discussed in this part. The application of provisions of the Fair Labor Standards Act other than the exemptions referred to in Sec. 780.3 is not considered...


Significance of official interpretations. The regulations in this part contain the official interpretations of the Department of Labor with respect to the application...


Basic support for interpretations. The ultimate decisions on interpretations of the Act are made by the courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling,...


Reliance on interpretations. The interpretations of the law contained in this part are official interpretations which may be relied upon as provided in section 10...


Interpretations made, continued, and superseded by this part. On and after publication of this part 780 in the Federal Register, the interpretations contained therein...


Related exemptions are interpreted together. The interpretations contained in the several subparts of this part 780 consider separately a number of exemptions...


Workweek standard in applying exemptions. The workweek is the unit of time to be taken as the standard in determining the applicability of an exemption. An...


Exempt and nonexempt work during the same workweek. Where an employee in the same workweek performs work which is exempt under one section of the Act and also engages...


Work exempt under another section of the Act. The combination (tacking) of exempt work under one exemption with exempt work under another exemption is permitted....


780.100 Scope and significance of interpretative bulletin. Introductory Subpart A of this part 780, this subpart B...


780.101 Matters discussed in this subpart. Section 3(f) defines ``agriculture'' as this term is used in the Act. Those principles and rules which govern...


780.102 Pay requirements for agricultural employees. Section 6(a)(5) of the Act provides that any employee employed in agriculture must be paid at least $1.30 an...


780.103 ``Agriculture'' as defined by the Act. Section 3(f) of the Act defines ``agriculture'' as follows: ``Agriculture'' includes farming in all its...


780.104 How modern specialization affects the scope of agriculture. The effect of modern specialization on agriculture has been discussed by the U.S. Supreme Court...


780.105 ``Primary'' and ``secondary'' agriculture under section 3(f). (a) Section 3(f) of the Act contains a very comprehensive definition of the...


780.106 Employment in ``primary'' agriculture is farming regardless of why or where work is performed. When an employee is engaged in direct farming operations...


780.107 Scope of the statutory term. The language ``farming in all its branches'' includes all activities, whether listed in the definition or not, which...


780.108 Listed activities. Section 3(f), in defining the practices included as ``agriculture'' in its statutory secondary meaning, refers to the...


780.109 Determination of whether unlisted activities are ``farming.'' Unlike the specifically enumerated operations, the phrase ``farming in all its branches''...


780.110 Operations included in ``cultivation and tillage of the soil.'' ``Cultivation and tillage of the soil'' includes all the operations necessary to prepare...


780.111 ``Dairying'' as a farming operation. ``Dairying'' includes the work of caring for and milking cows or goats. It also includes putting the milk in...


780.112 General meaning of ``agriculture or horticultural commodities.'' Section 3(f) of the Act defines as ``agriculture'' the ``production, cultivation, growing,...


780.113 Seeds, spawn, etc. Seeds and seedlings of agricultural and horticultural plants are considered ``agricultural or horticultural commodities.'' Thus,...


780.114 Wild commodities. Employees engaged in the gathering or harvesting of wild commodities such as mosses, wild rice, burls and laurel plants, the trapping of...


780.115 Forest products. Trees grown in forests and the lumber derived therefrom are not ``agricultural or horticultural commodities.'' Christmas trees,...


780.116 Commodities included by reference to the Agricultural Marketing Act. (a) Section 3(f) expressly provides that the term ``agricultural or...


780.117 ``Production, cultivation, growing.'' (a) The words ``production, cultivation, growing'' describe actual raising operations which are normally intended...


780.118 ``Harvesting.'' (a) The term ``Harvesting'' as used in section 3(f) includes all operations customarily performed in connection with the removal of...


780.119 Employment in the specified operations generally. Employees are employed in the raising of livestock, bees, fur- bearing animals or poultry only if...


780.120 Raising of ``livestock.'' The meaning of the term ``livestock'' as used in section 3(f) is confined to the ordinary use of the word and includes only...


780.121 What constitutes ``raising'' of livestock. The term ``raising'' employed with reference to livestock in section 3(f) includes such operations as...


780.122 Activities relating to race horses. Employees engaged in the breeding, raising, and training of horses on farms for racing purposes are considered...


780.123 Raising of bees. The term ``raising of * * * bees'' refers to all of those activities customarily performed in connection with the handling and keeping...


780.124 Raising of fur-bearing animals. (a) The term ``fur-bearing animals'' has reference to animals which bear fur of marketable value and includes, among...


780.125 Raising of poultry in general. (a) The term ``poultry'' includes domesticated fowl and game birds. Ducks and pigeons are included. Canaries and...


780.126 Contract arrangements for raising poultry. Feed dealers and processors sometimes enter into contractual arrangements with farmers under which the latter...


780.127 Hatchery operations. Hatchery operations incident to the breeding of poultry, whether performed in a rural or urban location, are the ``raising of...


780.128 General statement on ``secondary'' agriculture. The discussion in Secs. 780.106 through 780.127 relates to the direct farming operations which come within...


780.129 Required relationship of practices to farming operations. To come within this secondary meaning, a practice must be performed either by a farmer or on...


780.130 Performance ``by a farmer'' generally. Among other things, a practice must be performed by a farmer or on a farm in order to come within the secondary...


780.131 Operations which constitute one a ``farmer.'' Generally, an employer must undertake farming operations of such scope and significance as to constitute...


780.132 Operations must be performed ``by'' a farmer. ``Farmer'' includes the employees of a farmer. It does not include an employer merely because he employs...


780.133 Farmers' cooperative as a ``farmer.'' (a) The phrase ``by a farmer'' covers practices performed either by the farmer himself or by the farmer through...


780.134 Performance ``on a farm'' generally. If a practice is not performed by a farmer, it must, among other things, be performed ``on a farm'' to come within...


780.135 Meaning of ``farm.'' A ``farm'' is a tract of land devoted to the actual farming activities included in the first part of section 3(f). Thus, the...


780.136 Employment in practices on a farm. Employees engaged in building terraces or threshing wheat and other [[Page 558]] grain, employees engaged...


780.137 Practices must be performed in connection with farmer's own farming. ``Practices * * * performed by a farmer'' must be performed as an incident to or...


780.138 Application of the general principles. Some examples will serve to illustrate the above principles. Employees of a fruit grower who dry or pack fruit...


780.139 Pea vining. Vining employees of a pea vinery located on a farm, who vine only the peas grown on that particular farm, are engaged in agriculture. If...


780.140 Place of performing the practice as a factor. So long as the farming operations to which a farmer's practice pertains are performed by him in his...


780.141 Practices must relate to farming operations on the particular farm. ``Practices * * * performed * * * on a farm'' must be performed as an incident to or...


780.142 Practices on a farm not related to farming operations. Practices performed on a farm in connection with nonfarming operations performed on or off such farm...


780.143 Practices on a farm not performed for the farmer. The fact that a practice performed on a farm is not performed by or for the farmer is a strong...


780.144 ``As an incident to or in conjunction with'' the farming operations. In order for practices other than actual farming operations to...


780.145 The relationship is determined by consideration of all relevant factors. The character of a practice as a part of the agricultural activity or as...


780.146 Importance of relationship of the practice to farming generally. The inclusion of incidental practices in the definition of agriculture was...


780.147 Practices performed on farm products--special factors considered. In determining whether a practice performed on agricultural or horticultural...


780.148 ``Any'' practices meeting the requirements will qualify for exemption. The language of section 3(f) of the Act, in defining the ``secondary''...


780.149 Named practices as well as others must meet the requirements. The specific practices named in section 3(f) must, like any others, be performed by a farmer or...


780.150 Scope and limits of ``preparation for market.'' ``Preparation for market'' is also named as one of the practices which may be included in ``agriculture.''...


780.151 Particular operations on commodities. Subject to the rules heretofore discussed, the following activities are, among others, activities that may...


780.152 General scope of specified delivery operations. Employment in ``secondary'' agriculture, under section 3(f), includes employment in ``delivery to storage or...


780.153 Delivery ``to storage.'' The term ``delivery to storage'' includes taking agricultural or horticultural commodities, dairy products, livestock, bees or...


780.154 Delivery ``to market.'' The term ``delivery * * * to market'' includes taking agricultural or horticultural commodities, dairy products, livestock, bees...


780.155 Delivery ``to carriers for transportation to market.'' The term ``delivery * * * to carriers for transportation to market'' includes taking agricultural...


780.156 Transportation of farm products from the fields or farm. Transportation of farm products from the fields where they are grown or from the farm to other...


780.157 Other transportation incident to farming. (a) Transportation by a farmer or on a farm as an incident to or in conjunction with the farming operations of...


780.158 Examples of other practices within section 3(f) if requirements are met. (a) As has been noted above, the term ``agriculture'' includes other...


Sec. 780.200 Inclusion of forestry or lumbering operations in agriculture is limited. Forestry or Lumbering Operations ...


780.201 Meaning of ``forestry or lumbering operations.'' The term ``forestry or lumbering operations'' refers to the cultivation and management of...


780.202 Subordination to farming operations is necessary for exemption. While section 3(f) speaks of practices performed ``in conjunction with'' as...


780.203 Performance of operations on a farm but not by the farmer. Logging or sawmill operations on a farm undertaken on behalf of the farmer or on behalf...


780.204 Number of employees engaged in operations not material. The fact that the employer employs fewer than a certain number of employees in forestry...


Sec. 780.205 Nursery activities generally. The employees of a nursery who are engaged in the following activities are employed in ``agriculture'': ...


780.206 Planting and lawn mowing. (a) The planting of trees and bushes is within the scope of agriculture where it constitutes a step in the...


780.207 Operations with respect to wild plants. Nurseries frequently obtain plants growing wild in the woods or fields which are to be further cultivated...


780.208 Forest and Christmas tree activities. Operations in a forest tree nursery such as seeding new beds and growing and transplanting forest seedlings...


Sec. 780.209 Packing, storage, warehousing, and sale of nursery products. Employees of a grower of nursery stock who work in packing and storage sheds...


780.210 The typical hatchery operations constitute ``agriculture.'' As stated in Sec. 780.127, the typical hatchery is engaged in ``agriculture,'' whether...


780.211 Contract production of hatching eggs. It is common practice for hatcherymen to enter into arrangements with farmer poultry raisers for the...


780.212 Hatchery employees working on farms. The work of hatchery employees in connection with the maintenance of the quality of the poultry flock on farms...


780.213 Produce business. In some instances, hatcheries also engage in the produce business as such and commingle with the culled eggs and chickens other...


780.214 Feed sales and other activities. In some situations, the hatchery also operates a feed store and furnishes feed to the growers. As in the case of...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.300 Statutory exemptions in section 13(a)(6). ...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.301 Other pertinent statutory provisions. (a) Man-day is defined by section 3(u)...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.302 Basic conditions of section 13 (a)(6)(A). Section 13(a)(6)(A) applies to...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.303 Exemption applicable on employee basis. Section 13(a)(6)(A) exempts...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.304 ``Employed by an employer.'' (a) The employer may be an individual,...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.305 500 man-day provision. (a) Section 3(u) of the Act defines man-day to...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.306 Calendar quarter of the preceding calendar year defined. In applying...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.307 Exemption for employer's immediate family. Section 13(a)(6)(B) of the...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.308 Definition of immediate family. The Act does not define the scope...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.309 Man-day exclusion. Section 3(e)(1) specifically excludes from the...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.310 Exemption for local hand harvest laborers. Section 13(a)(6)(C) was added to...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.311 Basic conditions of section 13(a)(6)(C). (a) Section 13(a)(6)(C) of the...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.312 ``Hand harvest laborer'' defined. (a) The term hand harvest laborer...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.313 Piece rate basis. The exemption provides that the employee must be paid on...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.314 Operations customarily * * * paid on a piece rate basis * * *. A...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.315 Local hand harvest laborers. (a) A requirement of the exemption is that...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.316 Thirteen week provision. (a) The exemption provides that an ``employee...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.317 Man-day exclusion. Section 3(e)(2) specifically excludes from the...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.318 Exemption for nonlocal minors. (a) Section 13(a)(6)(D) of the...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.319 Basic conditions of exemption. (a) Section 13(a)(6)(D) applies to an...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.320 Nonlocal minors. The exemption applies only to migrant or other than local...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.321 Minors 16 years of age or under. Section 13(a)(6)(D) by its very terms...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.322 Is employed on the same farm as his parent or persons standing in the place of...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.323 Exemption for range production of livestock. Section 13(a)(6)(E) which...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.324 Requirements for the exemption to apply. (a) All the following conditions...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.325 Principally engaged. (a) To determine whether an employee is...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.326 On the range. (a) For purposes of this exemption, ``range'' is...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.327 Production of livestock. For an employee to be engaged in the production...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.328 Meaning of livestock. The term ``livestock'' includes cattle, sheep,...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.329 Exempt work. (a) The standard that must be used to determine whether...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.330 Sharecroppers and tenant farmers. (a) The test of coverage...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.331 Crew leaders and labor contractors. (a) Whether a crew leader or a...


Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6) Sec. 780.332 Exchange of labor between farmers. (a) Occasionally a farmer may help...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.400 Statutory provisions. Section 13(b)(12) of the Fair Labor Standards...


Exempted From the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.401 General explanatory statement. (a) Section 13(b)(12) of the Act contains...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.402 The general guides for applying the exemption. (a) Like other...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.403 Employee basis of exemption under section 13(b)(12). Section 13(b)(12)...


Exempted From the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.404 Activities of the employer considered in some situations. Although...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.405 Exemption is direct and does not mean activities are agriculture. ...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.406 Exemption is from overtime only. This exemption applies only to the...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.407 System must be nonprofit or operated on a share-crop basis. The exemption...


Exempted From the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.408 Facilities of system must be used exclusively for agricultural purposes. ...


the Overtime Pay Requirements Under Section 13(b)(12) Sec. 780.409 Employment ``in connection with the operation or maintenance'' is exempt. ...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.500 Scope and significance...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.501 Statutory provision. ...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.502 Legislative history...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.503 What determines the...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.504 Basic conditions...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.505 Definition of...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.506 Dependence of exemption...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.507 ``Such tobacco.'' ...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.508 Application of...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.509 Agriculture. ...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.510 ``Any...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.511 Meaning of...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.512 ``Employed in the growing...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.513 What employment in growing...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.514 ``Growing''...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.515 Processing requirements...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.516 ``Prior to the...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.517 ``For use as...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.518 Exempt...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.519 General scope of...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.520 Particular operations which...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.521 Other...


Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) Sec. 780.522...


Under the Section 13(b)(13) Exemption Sec. 780.600 Scope and significance of interpretative bulletin. ...


Under the Section 13(b)(13) Exemption Sec. 780.601 Statutory provision. Section 13(b)(13) of the Fair Labor Standards Act exempts from...


Under the Section 13(b)(13) Exemption Sec. 780.602 General explanatory statement. Ordinarily, as discussed in subparts D and E of this...


Under the Section 13(b)(13) Exemption Sec. 780.603 What determines application of exemption. The application of the section...


Under the Section 13(b)(13) Exemption Sec. 780.604 General requirements. The general requirements for exemption under section...


Under the Section 13(b)(13) Exemption Sec. 780.605 Employment in agriculture. One requirement for exemption is that the employee be...


Under the Section 13(b)(13) Exemption Sec. 780.606 Interpretation of term ``agriculture.'' Section 3(f) of the Act, which...


Under the Section 13(b)(13) Exemption Sec. 780.607 ``Primarily employed'' in agriculture. Not only must the employee be employed...


Under the Section 13(b)(13) Exemption Sec. 780.608 ``During his workweek.'' Section 13(b)(13) specifically requires that the unit of time...


Under the Section 13(b)(13) Exemption Sec. 780.609 Workweek unit in applying the exemption. The unit of time to be used in determining...


Under the Section 13(b)(13) Exemption Sec. 780.610 Workweek exclusively in exempt work. An employee who engages exclusively in a workweek...


Under the Section 13(b)(13) Exemption Sec. 780.611 Workweek exclusively in agriculture. In any workweek in which the employee...


Under the Section 13(b)(13) Exemption Sec. 780.612 Employment by a ``farmer.'' A further requirement for exemption is the expressed...


Under the Section 13(b)(13) Exemption Sec. 780.613 ``By such farmer.'' The employee's primary employment in agriculture during the...


Under the Section 13(b)(13) Exemption Sec. 780.614 Definition of a farmer. The Act does not define the term ``farmer.'' Whether an...


Under the Section 13(b)(13) Exemption Sec. 780.615 Raising of livestock. Livestock auction operations are within the 13(b)(13) exemption...


Under the Section 13(b)(13) Exemption Sec. 780.616 Operations included in raising livestock. Raising livestock includes such operations...


Under the Section 13(b)(13) Exemption Sec. 780.617 Adjunct livestock auction operations. The livestock auction operations referred to...


Under the Section 13(b)(13) Exemption Sec. 780.618 ``His own account''--``in conjunction with other farmers.'' Under the terms of...


Under the Section 13(b)(13) Exemption Sec. 780.619 Work ``in connection with'' livestock auction operations. An employee whose...


Under the Section 13(b)(13) Exemption Sec. 780.620 Minimum wage for livestock auction work. The application of the exemption is...


Under the Section 13(b)(13) Exemption Sec. 780.621 No overtime wages in exempt week. In a workweek in which all the requirements of...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.700 Scope and significance of...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.701 Statutory provision. ...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.702 What determines application of...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.703 Basic requirements for exemption. ...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.704 Dependence of exemption on nature...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.705 Meaning of ``establishment.'' ...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.706 Recognition of character...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.707 Establishments ``commonly recognized''...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.708 A country elevator is located near and...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.709 Size and equipment of a...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.710 A country elevator may sell products...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.711 Exemption of mixed business applies...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.712 Limitation of exemption to...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.713 Determining the number of...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.714 Employees employed ``in such...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.715 Counting employees ``employed in...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.716 Exemption of employees ``employed * * *...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.717 Determining whether there is...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.718 Employees who may be exempt. ...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.719 Employees not employed ``by''...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.720 ``Area of production'' requirement...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.721 Employment in the particular workweek...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.722 Exempt workweeks. An...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.723 Exempt and nonexempt employment. ...


of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) Sec. 780.724 Work exempt under another section of...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.800 Scope...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.801...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.802...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.803...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.804...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.805...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.806...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.807 Cotton...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.808 Who...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.809...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.810 Employees...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.811...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.812...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.813...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.814 ``Grown...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.815...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.816 Processing...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.817...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.818 Employees...


Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15) Sec. 780.819...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.900 Scope and significance of interpretative bulletin. ...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.901 Statutory provisions. Section 13(b)(16) of the Act exempts from the...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.902 Legislative history of exemption. Since the language of section 13(b)(16)...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.903 General scope of exemption. The exemption provided by section 13(b)(16) is...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.904 What determines the exemption. The application of the exemption provided...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.905 Employers who may claim exemption. A nonfarmer, as well as a farmer, who...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.906 Requisites for exemption generally. Section 13(b)(16), in clause...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.907 ``Fruits or vegetables.'' The exempt operations of preparing...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.908 Relation of employee's work to specified transportation. In order for...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.909 ``Transportation.'' ``Transportation,'' as used in section 13(b)(16),...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.910 Engagement in transportation and preparation. Since transportation...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.911 Preparation for transportation. The ``preparation for transportation''...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.912 Exempt preparation. The following operations, if required in order to...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.913 Nonexempt preparation. (a) Retail packing. Since the exemption, as...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.914 ``From the farm.'' The exemption applies only to employees whose work...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.915 ``Place of first processing.'' Under section 13(b)(16) the fruits...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.916 ``Place of * * * first marketing.'' A ``place of * * * first...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.917 ``Within the same State.'' To qualify for exemption under section...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.918 Requisites for exemption generally. Section 13(b)(16), in clause...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.919 Engagement ``in transportation'' of harvest workers. In order for...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.920 Workers transported must be fruit or vegetable harvest workers. ...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.921 Persons ``employed or to be employed'' in fruit or vegetable harvesting. ...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.922 ``Harvesting'' of fruits or vegetables. Only transportation of...


Exemption From Overtime Pay Requirements Under Section 13(b)(16) Sec. 780.923 ``Between the farm and any point within the same State.'' ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1000 Scope and significance...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1001 General...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1002 Statutory requirements. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1003 What determines the application...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1004 General requirements. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1005 Homeworkers. ...


From Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1006 In or about a home. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1007 Exemption is inapplicable...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1008 Examples of places not...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1009 Wreaths. The...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1010 Principally. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1011 Evergreens. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1012 Other evergreens. ...


From Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1013 Natural evergreens. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1014 Harvesting. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1015 Other forest products. ...


Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d) Sec. 780.1016 Use of evergreens and...


of the Administrator of the Wage and Hour Division as to the scope and applicability of the exemption provided by section 13(b)(1) of the act have been expressed...


exemption from the maximum hours and overtime requirements of section 7 of the act, but not from the minimum wage requirements of section 6. The exemption is applicable to...


the Fair Labor Standards Act under section 13(b)(1) depends both on the class to which his employer belongs and on the class of work involved in the employee's job. The...


Ex parte No. MC-2, 3 M.C.C. 665; Ex parte No. MC-3, 23 M.C.C.1; Ex parte No. MC-4, 1 M.C.C. 1), is an individual who drives a motor vehicle in transporation which is, within...


Parte Nos. MC-2 and MC-3, 28 M.C.C. 125, 135, 136, 138, 139), is an employee other than a driver, who is required to ride on a motor vehicle when it is being operated in...


and MC-3, 28 M.C.C. 125, 133, 134, 139), is an employee of a carrier subject to section 204 of the Motor Carrier Act [[Page 620]] (other than a driver or driver's...


is an employee who is employed by a carrier subject to the Secretary's jurisdiction under section 204 of the Motor Carrier Act and whose duty it is to keep motor vehicles operated...


section 13(b)(1) of the Fair Labor Standards Act does not exempt an employee of a carrier from the act's overtime provisions unless it appears, among other things, that...


transportation with a State of consumable goods (such as food, coal, and ice) to railroad, docks, etc., for use of trains and steamships is not such transportation as is...


to the meaning and application of sections 6(b)(2), 13(a)(14), and 13(b)(6) of the Fair Labor Standards Act, as amended, which govern the application of the minimum wage...


which establishes minimum wage, overtime pay, and child labor requirements that apply as provided in the Act. All employees, whose employment has the relationship...


in sections 13(a)(14) and 13(b)(6) of the Act. The provisions of section 6(b)(2) of the Act, which relate to the calculation of minimum wages and the hours worked by...


Labor pertaining to the provisions of section 6(b)(2) and the exemptions provided in sections 13(a)(14) and 13(b)(6) of the Act. It is intended that the positions...


courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling, 316 U.S. 517). Court decisions supporting interpretations contained in this part are cited where it is...


in the Federal Register, the interpretations contained therein shall be in effect and shall remain in effect until [[Page 631]] they are modified, rescinded...


this part depend in large degree on the definitions of terms used in these provisions. The Act itself defines some of these terms. Others have been defined and construed...


prohibitions on every ``employer'' subject to their terms. The employment by an ``employer'' of an ``employee'' is, to the extent specified in the Act, made subject to...


``person'' is defined as meaning ``an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons'' (Act,...


of this Act of employees employed by employers on vessels, is defined in section 3(r) of the Act. Section 3(r) states: Enterprise means the related activities...


term ``establishment'', which is not specifically defined therein, refers to a ``distinct physical place of business'' rather than to ``an entire business or enterprise'' which...


of ``enterprise engaged in commerce or in the production of goods for commerce'' (Act section 3(s)) which may in some situations determine the application of provisions of...


in section 3(b) of the Act to mean ``trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside...


the Act it is necessary to refer to the definition in section 3(j) of the term ``produced''. A detailed discussion of the application of the terms as defined is contained in part 776...


``goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient...


Columbia or any Territory or possession of the United States'' (Act, section 3(c)). The application of this definition in determining questions of coverage under the Acts'...


cost, as determined by the Secretary of Labor, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other...


to include ``any vessel which is documented or numbered under the laws of the United States.'' This definition and its effect with respect to the application of the Act...


all employees, not specifically exempted, who are engaged (a) in interstate or foreign commerce or (b) in the production of goods for such commerce, which is defined...


Standards Act effective September 3, 1961, employees not covered by reason of their personal engagement in interstate commerce activites, as explained in Sec. 783.18,...


previously described. Some are exemptions from the overtime provisions only. Others are from the child labor provisions only. Several are exemptions from both...


the Fair Labor Standards Act to be broad in its scope (Helena Glendale Ferry Co. v. Walling, 132 F. 2d 616). ``Breadth of coverage is vital to its mission'' (Powell v....


the tests described in Sec. 783.18 by which coverage based on the employee's individual activities is determined. Any employee whose employment satisfies these tests...


not bring them within the minimum wage or overtime pay provisions of the Act as it was prior to the 1961 amendments, but who are brought within minimum wage or...


wage and overtime pay requirements of the Act, but not from its child labor provisions, ``any employee employed as a seaman on a vessel other than an...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR783.25] [Page 636] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 783--APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES EMPLOYED AS SEAMEN--Table of Contents Sec. 783.25 The section 13(b)(6) exemption. Section 13(b)(6) of the Act exempts from the overtime pay requirements of the Act, but not from its other requirements, ``any employee employed as a seaman''. ...


to pay to an employee, ``if such employee is employed as a seaman on an American vessel, not less than the rate which will provide to the employee, for the period...


an employee employed as a seaman is exempt only from its overtime pay provisions under the new section 13(b)(6), unless the vessel on which he is employed is not an...


Act exempted from both the minimum wage and overtime pay requirements ``any employee employed as a seaman'' (52 Stat. 1050). In 1949 when several amendments were made to...


the Act shows that Congress intended to exempt, as employees ``employed as'' seamen, only workers performing water transportation services. The original bill considered by...


of the Act to more [[Page 638]] workers was to limit the scope of the exemption which excluded all employees employed as seamen from application of...


as discussed in Secs. 783.28 and 783.29, an employee will ordinarily be regarded as ``employed as a seaman'' if he performs, as master or subject to the...


radio operators, firemen, pursers, surgeons, cooks, and stewards if, as is the usual case, their service is of the type described in Sec. 783.31. In some cases it may...


as a seaman'', within the meaning of the Act, depends upon the character of the work he actually performs and not on what it is called or the place where it is...


do not perform their services subject to the authority, direction, and control of the master of the vessel, except incidentally, and their services are ordinarily...


to employees rendering watchman or similar service aboard a vessel in port. Members of the crew, who render such services during a temporary stay in port or during a...


such as attending to the lines and anchors, putting out running and mooring lights, pumping out bilge water, and other similar activities necessary and usual to...


``employed as a seaman'' if his work as a whole meets the test stated in Sec. 783.31, even though during the workweek he performs some work of a nature other than that...


computing minimum wages and hours worked under the Act which are applicable only to seamen who are employed on American vessels. An ``American vessel'', which would...


appropriate to apply the difinition of ``vessel'' as set forth in the United States Code (1 U.S.C. 3). The Code defines ``vessel'' as including ``every description of watercraft...


vessel which has been registered, enrolled and licensed, or licensed by the Bureau of Customs under the laws of the United States (46 U.S.C. 11, 193,...


pursuant to the provisions of Federal law, including vessels numbered under any State numbering system approved by the Secretary of the Department under which the U.S. Coast...


subject to the minimum wage under the provisions of section 6(b)(2) and section 13(a)(14) is not limited by the language of the Act to those vessels which are...


an employee employed as a seaman on an American vessel be paid wages at not less than the rate which will provide to the employee, for the period covered by the...


employment paid to or on behalf of the employee for all hours actually on duty intended to be compensated by such wage payment. The reasonable cost or fair value,...


of the Act, consideration must be given as to whether or not such deductions are permitted to be made when they result in the seaman receiving cash wages which are less than...


an American vessel be paid wages equal to compensation at not less than the prescribed minimum wage rate for all of the hours the employee ``was actually on duty (including...


hours spent by a seaman on the vessel outside his watch or normal or regular working hours and his standby periods during which hours he is not required to perform and does...


and section 13(b)(6) of the Act is determined in accordance with their language and scope as explained in Secs. 783.24, 783.25, and 783.27, with regard to the...


the exemption provided by section 13(b)(6) or 13(a)(14) to an employee is the workweek. (See Overnight Transportation Co. v. Missel, 316 U.S. 572; Sternberg Dredging Co....


of which is exempt under one section of the Act, and the remainder of which is exempt under another section or sections of the Act, the exemptions may be combined. The...


exemption from minimum wages and overtime provided by section 13(a)(14) of the Act to ``any employee employed as a seaman on a vessel other than an American vessel,'' and at...


Introductory It is the purpose of this part to provide an official statement of the views of the Department of Labor with respect to the meaning...


The Fair Labor Standards Act, as amended, is a Federal statute of general application which establishes minimum wage, overtime pay, equal pay, and child labor requirements...


This part discusses generally the provisions of the Act which govern its application to employers and employees in enterprises and establishments of the fisheries,...


Interpretations having general application to others subject to the law, as well as to fishermen and seafood canners, processors, or distributors and...


The regulations in this part contain the official interpretations of the Department of Labor pertaining to the exemptions provided in sections 13(a)(5) and 13(b)(4)...


The ultimate decisions on interpretations of the Act are made by the courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling, 316 U.S. 517). Court...


superseded by this part. On and after publication of this part 784 in the Federal Register, the interpretations contained therein shall be in effect, and shall remain...


The meaning and application of the provisions of law discussed in this part depend in large degree on the definitions of terms used in these provisions. The Act...


The Act's major provisions impose certain requirements and prohibitions on every ``employer'' subject to their terms. The employment by an ``employer'' of...


the Act (including the definition of ``enterprise'' set forth below in Sec. 784.10), ``person'' is defined as meaning ``an individual, partnership, association, corporation,...


``enterprise'' which may, in some situations, be pertinent in determining coverage of this Act to employees employed by employers engaged in the procurement, processing,...


As used in the Act, the term ``establishment'', which is not specially defined therein, refers to a ``distinct physical place of business'' rather than to ``an entire business...


used in the Act includes interstate and foreign commerce. It is defined in section 3(b) of the Act to mean ``trade, commerce, transportation, transmission, or...


To understand the meaning of ``production'' of goods for commerce as used in the Act it is necessary to refer to the definition in section 3(j) of the term ``produced.'' A...


section 3(i) of the Act states that ``goods,'' as used in the Act, means ``goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles...


the Act, ``State'' means ``any State of the United States or the District of Columbia or any Territory or possession of the United States'' (Act, section 3(c)). The application of...


explained in part 778 of this chapter, dealing with overtime compensation, employees subject to the overtime pay provisions of the Act must generally receive for their overtime work...


Except as otherwise provided in specific exemptions, the minimum wage, overtime pay, and child labor standards of the Act are generally applicable to employees who engage...


The Fair Labor Standards Act has applied since 1938 to all employees, not specifically exempted, who are engaged (a) in interstate or foreign commerce or (b) in...


which employee is employed. Under amendments to the Fair Labor Standards Act employees not covered by reason of their personal engagement in interstate...


The Act provides a number of specific exemptions from the general requirements previously described. Some are exemptions from the overtime provisions only. Several...


and exemption provisions. It is clear that Congress intended the Fair Labor Standards Act to be broad in its scope. ``Breadth of coverage is vital to...


Products Sec. 784.100 The section 13(a)(5) exemption. The Statutory Provisions Section 13(a)(5) grants an exemption from both...


Products Sec. 784.101 The section 13(b)(4) exemption. Section 13(b)(4) grants an exemption only from the overtime requirements of the Act and applies to...


Products Sec. 784.102 General legislative history. (a) As orginally enacted in 1938, the Fair Labor Standards Act provided an exemption from both the...


Products Sec. 784.103 Adoption of the exemption in the original 1938 Act. Although in the course of consideration of the legislation in Congress before passage...


Products Sec. 784.104 The 1949 amendments. In deleting employees employed in canning aquatic products from the section 13(a)(5) exemption and providing them...


Products Sec. 784.105 The 1961 amendments. (a) The statement of the Managers on the Part of the House in the conference report on the Fair Labor...


Products Sec. 784.106 Relationship of employee's work to the named operations. It is clear from the language of section 13(a)(5) and section 13(b)(4) of the...


Products Sec. 784.107 Relationship of employee's work to operations on the specified aquatic products. It is also necessary to the application of the...


Products Sec. 784.108 Operations not included in named operations on forms of aquatic ``life.'' Since the subject matter of the exemptions is concerned...


Products Sec. 784.109 Manufacture of supplies for named operations is not exempt. Employment in the manufacture of supplies for the named operations is...


Products Sec. 784.110 Performing operations both on nonaquatic products and named aquatic products. By their terms, sections 13(a)(5) and 13(b)(4) provide...


Products Sec. 784.111 Operations on named products with substantial amounts of other ingredients are not exempt. To exempt employees employed in first...


Products Sec. 784.112 Substantial amounts of nonaquatic products; enforcement policy. As an enforcement policy in applying the principles stated in...


Products Sec. 784.113 Work related to named operations performed in off- or dead-season. Generally, during the dead or inactive season when operations...


Products Sec. 784.114 Application of exemptions on a workweek basis. The general rule that the unit of time to be used in determining the application of...


Products Sec. 784.115 Exempt and noncovered work performed during the workweek. The wage and hours requirements of the Act do not apply to any employees during...


Products Sec. 784.116 Exempt and nonexempt work in the same workweek. Where an employee, during any workweek, performs work that is exempt under section...


Products Sec. 784.117 Combinations of exempt work. The combination of exempt work under sections 13(a)(5) and 13(b)(4), or one of these sections with exempt...


Products Sec. 784.118 The exemption is intended for work affected by natural factors. As indicated by the legislative history, the purpose of the section...


Products Sec. 784.119 Effect of natural factors on named operations. The various activities enumerated in section 13(a)(5)--the catching, taking,...


Products Sec. 784.120 Application of exemption to ``offshore'' activities in general. The expression ``offshore activities'' is used to describe the...


Products Sec. 784.121 Exempt fisheries operations. Employees engaged in the named operations, such at ``catching'' or ``taking,'' are clearly exempt. As...


Products Sec. 784.122 Operations performed as an integrated part of fishing. Certain other activities performed on a fishing vessel in connection with...


Products Sec. 784.123 Operations performed on fishing equipment. On the principle stated in Sec. 784.122 the replacement, repair, mending, or construction...


Products Sec. 784.124 Going to and returning from work. The phrase ``including the going to and returning from work'' relates to the preceding named...


Products Sec. 784.125 Loading and unloading. The term ``loading and unloading'' applies to activities connected with the removal of aquatic products from...


Products Sec. 784.126 Operation of the fishing vessel. In extending the minimum wage to seamen on American vessels by limiting the exemption from minimum...


Products Sec. 784.127 Office and clerical employees under section 13(a)(5). Office and clerical employees, such as bookkeepers, stenographers, typists, and...


Products Sec. 784.128 Requirements for exemption of first processing, etc., at sea. A complete exemption from minimum and overtime wages is provided by...


Products Sec. 784.129 ``Marine products''. The marine products which form the basis of the exemption are the ``fish, shellfish, crustaceas, sponges, seaweeds,...


Products Sec. 784.130 ``At sea.'' The ``at sea'' requirement must be construed in context and in such manner as to accomplish the statutory objective....


Products Sec. 784.131 ``As an incident to, or in conjunction with'', fishing operations. The statutory language makes clear that the ``first...


Products Sec. 784.132 The exempt operations. The final requirement is that the employee on the fishing vessel must be employed in ``the first processing,...


Products Sec. 784.133 ``First processing.'' Processing connotes a change from the natural state of the marine product and first processing would constitute...


Products Sec. 784.134 ``Canning.'' The term ``canning'' was defined in the legislative history of the 1949 amendments (House (Conference) Report No. 1453,...


Products Sec. 784.135 ``Packing.'' The packing of the various named marine products at sea as an incident to, or in conjunction with, the fishing operations...


Products Sec. 784.136 ``Shore'' activities exempted under section 13(b)(4). Section 13(b)(4) provides an exemption from the overtime but not from the minimum...


Products Sec. 784.137 Relationship of exemption to exemption for ``offshore'' activities. The reasons advanced for exemption of employment in...


Products Sec. 784.138 Perishable state of the aquatic product as affecting exemption. (a) Activities performed after conversion of an aquatic product to...


Products Sec. 784.139 Scope of exempt operations in general. Exemption under section 13(b)(4), like exemption under section...


Products Sec. 784.140 Fabrication and handling of supplies for use in named operations. (a) As noted in Sec. 784.109, the exemption for employees...


Products Sec. 784.141 Examples of nonexempt employees. An employer who engaged in operations specified in section 13(b)(4) which he performs on the...


Products Sec. 784.142 Meaning and scope of ``canning'' as used in section 13(b)(4). Section 13(b)(4) exempts any employee employed in the canning of...


Products Sec. 784.143 ``Necessary preparatory operations.'' All necessary preparatory work performed on the named aquatic products as an integral part of a...


Products Sec. 784.144 Preliminary processing by the canner. The mere fact that operations preparatory to canning are physically separated from the main...


Products Sec. 784.145 Preliminary processing by another employer as part of ``canning.'' If the operations of separate processors are integrated in...


Products Sec. 784.146 ``Subsequent operations.'' Canning, within the meaning of the exemption, includes operations performed after hermetic sealing of the...


Products Sec. 784.147 Employees ``employed in'' canning. All employees whose activities are directly and necessarily a part of the canning of the specified...


Products Sec. 784.148 General scope of processing, freezing, and curing activities. Processing, freezing, and curing embrace a variety of operations that...


Products Sec. 784.149 Typical operations that may qualify for exemption. Such operations as transporting the specified aquatic products to the processing...


Products Sec. 784.150 Named operations performed on previously processed aquatic products. It will be noted that section 13(b)(4) refers to employees...


Products Sec. 784.151 Operations performed after product is rendered nonperishable. As indicated in Sec. 784.138, after the character of the aquatic products...


Products Sec. 784.152 Operations performed on byproducts. The principles stated in the two preceding sections would also be applicable where the...


Products Sec. 784.153 General scope of named operations. The exemption from the overtime pay requirements provided by section 13(b)(4) of the Act extends...


Products Sec. 784.154 Relationship to other operations as affecting exemption. Employment in marketing, storing, distributing, and packing for shipment of...


Products Sec. 784.155 Activities performed in wholesale establishments. The section 13(b)(4) exemption for employment in ``marketing * * * storing,...


Products Sec. 784.156 Establishments exclusively devoted to named operations. As noted in Sec. 784.106 and elsewhere in the previous discussion, the...


each employee, not specifically exempted, who is engaged in commerce, or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce, or...


made by the courts. The Administrator must determine in the first instance the positions he will take in the enforcement of the Act. The regulations in this part seek to...


or withdrawn. This will be done when and if the Administrator concludes upon reexamination, or in the light of judicial decision, that a particular...


the Administrator of the Wage and Hour Division in determining hours worked by employees [[Page 672]] performing work subject to the provisions of...


the payment of a minimum wage by an employer to his employees who are subject to the Act. Section 7 prohibits their employment for more than a specified number of hours per...


term ``employ'' includes (section 3(g)) ``to suffer or permit to work.'' The act, however, contains no definition of ``work''. Section 3(o) of the Fair Labor Standards...


the act must be paid for all time spent in ``physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and...


a custom, contract, or agreement not to pay for the time so spent with special statutory exceptions discussed in Secs. 785.9 and 785.26. [35 FR 15289, Oct....


Stat. 84-89, 29 U.S.C. 251-262) eliminates from working time certain travel and walking time and other similar ``preliminary'' and ``postliminary'' activities performed...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR785.10] [Page 673] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 785--HOURS WORKED--Table of Contents Subpart C--Application of Principles Sec. 785.10 Scope of subpart. This subpart applies the principles to the problems which arise frequently. Employees ``Suffered or Permitted'' to Work ...


continue to work at the end of the shift. He may be a pieceworker, he may desire to finish an assigned task or he may wish to correct errors, paste work tickets, prepare...


the premises or the job site, or even at home. If the employer knows or has reason to believe that the work is being performed, he must count the time as...


that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a...


determination involves ``scrutiny and construction of the agreements between particular parties, appraisal of their practical construction of the working agreement by...


crossword puzzle while awaiting assignments, fireman who plays checkers while waiting for alarms and a factory worker who talks [[Page 674]] to his fellow...


long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively...


that he cannot use the time effectively for his own purposes is working while ``on call''. An employee who is not required to remain on the employer's premises but is...


They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not...


not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR785.20] [Page 675] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 785--HOURS WORKED--Table of Contents Subpart C--Application of Principles Sec. 785.20 General. Under certain conditions an employee is considered to be working even though some of his time is spent in sleeping or in certain other activities. ...


though he is permitted to sleep or engage in other personal activities when not busy. A telephone operator, for example, who is required to be on duty for specified hours...


more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked,...


on a permanent basis or for extended periods of time is not considered as working all the time he is on the premises. Ordinarily, he may engage in normal private...


(part 790 of this chapter). In dealing with this subject, Sec. 790.8 (b) and (c) of this chapter said: (b) The term ``principal activities'' includes...


the Act. Two cases decided by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In...


rule for employees under collective bargaining agreements. This section provides for the exclusion from hours worked of time spent by an employee in changing clothes...


as working time if the following four criteria are met: (a) Attendance is outside of the employee's regular working hours; (b) Attendance is in fact voluntary; ...


is not voluntary in fact if the employee is given to understand or led to believe that his present working conditions or the continuance of his employment would be adversely...


is designed to make the employee handle his job more effectively as distinguished from training him for another job, or to a new or additional skill. For example, a...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR785.30] [Page 677] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 785--HOURS WORKED--Table of Contents Subpart C--Application of Principles Sec. 785.30 Independent training. Of course, if an employee on his own initiative attends an independent school, college or independent trade school after hours, the time is not hours worked for his employer even if the courses are related to his job. ...


sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of his employees a program of instruction...


instruction by employees working under bona fide apprenticeship programs may be excluded from working time if the following criteria are met: (a) The...


depend upon the kind of travel involved. The subject is discussed in Secs. 785.35 to 785.41, which are preceded by a brief discussion in Sec. 785.34 of the Portal-to-Portal Act as...


provided in subsection (b) no employer shall be liable for the failure to pay the minimum wage or overtime compensation for time spent in ``walking, riding, or traveling to and...


his home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment. This is true whether he works at a fixed location or...


example, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job...


works at a fixed location in one city is given a special 1-day work assignment in another city. For example, an employee who works in Washington, DC, with regular...


as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive...


home. Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not...


but requests permission to drive his car instead, the employer may count as hours worked either the time spent driving the car or the time he would have had to...


course, be counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplane, or an employee who is required to ride therein as an assistant or...


time the employees are required to be on the premises is hours worked, but in the event a bona fide union is involved the counting of such time will, as a matter...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR785.43] [Page 680] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 785--HOURS WORKED--Table of Contents Subpart C--Application of Principles Sec. 785.43 Medical attention. Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked. ...


or under his direction or control, or while the employee is required to be on the premises, is working time. However, time spent voluntarily in such activities outside of...


suggestions under a general suggestion system is not working time, but if employees are permitted to work on suggestions during regular working hours the time spent must...


promulgate regulations requiring the keeping of records of hours worked, wages paid and other conditions of employment. These regulations are published in part 516 of...


Act, insubstantial or insignificant periods of time beyond the scheduled working hours, which cannot as a practical administrative matter be precisely recorded for...


not required. In those cases where time clocks are used, employees who voluntarily come in before their regular starting time or remain after their closing time, do not have to...


Act of 1938 (29 U.S.C. 206) requires that each employee, not specifically exempted, who is engaged in commerce, or in the production of goods for commerce, or who...


in paragraph (b), of this section, no employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, or...


the exemption provided by section 13(b)(3) of the Fair Labor Standards Act of 1938, as amended, will be deemed applicable even though some nonexempt work (that is, work of...


position that the exemption provided by section 13(a)(10) of the Fair Labor Standards Act will be deemed applicable even though some nonexempt work (that is, work of a...


taken the position that the exemption provided by section 13(b)(2) of the Fair Labor Standards Act will be deemed applicable even though some nonexempt work (that is, work of...


that the exemption provided by section 13(b)(17) of the Fair Labor Standards Act will be deemed applicable even though some nonexempt work (that is, work of a nature...


of 1938 applies to ``any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four...


an exemption from the minimum wage and overtime requirements of the Act, as follows: The provisions of sections 6 and 7 shall not apply with respect to * * *...


unless the employee is ``engaged in commerce or the production of goods for commerce'' or is employed in an ``enterprise engaged in commerce or in the production of...


Department of Labor with respect to the application and meaning of the provisions of section 13(a)(13) of the Act which will provide ``a practical guide to employers and...


respect to section 13(a)(13) of the Act which refers to small forestry or lumbering operations, the construction of the law which the Secretary of Labor and the...


259), official interpretation issued under the Fair Labor Standards Act of 1938 may, under certain circumstances, be controlling in determining the rights and liabilities...


they are clearly shown to come within its terms. (Wirtz v. F. M. Sloan Co., 4ll F. 2d 56 (C.A. 3), 18 WH Cases 878; Gatlin Lumber Co. v. Mitchell, 287 F. 2d 76 (C.A....


in weeding, preparing firebreaks, removing ``seeding, planting seedlings, pruning, rot or rusts, spraying, and similar operations when the object is to bring...


those members of a field crew whose purpose is to estimate and report on the volume of marketable timber. Employees engaged in ``surveying * * * timber'' include...


cutting them into lengths, removing the bark, and splitting or facing them when done at the felling site, but does not include such operations when done at a mill....


plants of the forest and the natural properties or substances of such plants and trees. Included among these are decorative greens such as holly, ferns and...


The transportation or movement of logs or other forestry products to a ``mill processing plant, railroad, or other transportation terminal'' is among the...


Regardless of his duties, no employee is exempt under section 13(a)(13) unless ``the number of employees employed by his employer in such forestry or...


named operations is to be made on an occupational and a workweek basis. Thus the exemption will be available in one workweek when eight or less employees are employed in the...


even if he has a total of nine or more employees, if only eight of them or less are employed in the named operations. Thus, if such an employer employs only...


be supplied with logs or other forestry products by several crews of persons who are engaged in the named operations. Frequently some or all of such crews, separately considered,...


or test for determining whether an individual is an employee or an independent contractor, but that the ``total situation controls'' (see Rutherford Food Corp. v. McComb,...


exempt work will be defeated in any workweek in which he performs a substantial amount of nonexempt work. For enforcement purposes nonexempt work will be considered substantial...


(a) Section 12(a) and section 15(a)(1) of the Fair Labor Standards Act of 1938 \1\ (hereinafter referred to as the [[Page 688]] (Act) contain certain prohibitions...


Section 12(a) of the Act provides, in part that no producer, manufacturer or dealer shall ship or deliver for shipment in commerce any goods produced in...


the producer * * *.'' In order for a purchaser to be protected under these provisions of the Act, he must acquire the goods ``in reliance on written assurance * *...


* * * the requirements referred to. It is apparent from the language of the statute and the statement appended to the Conference Report \5\...


A question frequently asked is whether a single written assurance of compliance will suffice for purposes both of section 12(a), relating to child labor,...


* * for value without notice * * *.'' Section 12(a) and section 15(a)(1) of the Act provide that a purchaser must acquire the goods in good faith in reliance on...


approved May 4, l947. \1\ It contains provisions which, in certain circumstances, affect the rights and liabilities of employees and employers with regard to alleged...


Standards Act of the various provisions of the Portal Act must necessarily be determined by viewing the two acts as interelated parts of the entire statutory scheme for...


to so-called ``portal-to- portal'' activities engaged in by employees on or after May 14, 1947, provides as follows: (a) Except as provided in subsection (b),...


(a) Section 4 of the Portal Act, quoted above, applies to situations where an employee, on or after May 14, 1974, has engaged in activities of the kind described in this section and...


In the application of the minimum wage and overtime compensation provisions of the Fair Labor Standards Act to activities of employees on or after May 14, 1947, the determination...


does not affect the computation of hours worked within the ``workday'' proper, roughly described as the period ``from whistle to whistle,'' and its provisions have nothing...


of the Portal Act applies only to situations where employees engage in ``preliminary'' or ``postliminary'' activities outside the workday proper, it is necessary to consider...


the Fair Labor Standards Act with respect to the ``principal'' activities his employees are employed to perform are not changed in any way by section 4 of the...


(a) Where an employee engages in a ``preliminary'' or ``postliminary'' activity of the kind described in section 4(a) of the Portal Act and this activity...


``postliminary'' activity of the type described in section 4(a) of the Portal Act may be ``compensable'' within the meaning of section 4(b), by a custom or practice as well...


The ``contract,'' ``custom'' or ``practice'' on which the compensability of the activities referred to in section 4 of the Portal Act may be based, is a contract, custom...


the kind referred to in section 4 of the Portal Act is compensable under a contract, custom, or practice within the meaning of that section ``only when it is engaged...


and 10 of the Portal Act, an employer has a defense against liability or punishment in any action or proceeding brought against him for failure to comply with the minimum...


to an employer unless the acts or omissions complained of were ``in conformity with'' the regulation, order, ruling, approval, interpretation, administrative practice...


sections 9 and 10 is proof by the employer that the act or omission complained of and his conformance with and reliance upon an administrative regulation, order, ruling,...


good faith and in conformity with an administrative regulation, order, ruling, approval, interpretation, enforcement policy or practice, the employer must also prove that...


(a) Administrative regulations, orders, rulings, approvals, and interpretations are all grouped together in sections 9 and 10, with no distinction being made in...


``administrative practice or enforcement policy'' refer to courses of conduct or policies which an agency has determined to follow \111\ in the administration and enforcement of...


under section 9 or section 10 of the Portal Act, the regulation, order, ruling, approval, interpretation, administrative practice or enforcement policy relied upon and...


Section 16(b) of the Fair Labor Standards Act, as amended by section 5 of the Portal Act, no longer permits an employee or employees to designate an agent or representative...


a statute of limitations fixing the time limits within which actions by employees under section 16(b) of the Fair Labor Standards Act \129\ may be commenced,...


(a) Section 11 of the Portal Act provides that in any action brought under the Fair Labor Standards Act to recover unpaid minimum wages, unpaid overtime, compensation, or...


the Department of Labor pertaining to the joint employment relationship under the Fair Labor Standards Act of 1938. \1\ It is intended that the positions stated will serve...


at the same time under the Fair Labor Standards Act of 1938, since there is nothing in the act which prevents an individual employed by one employer from...


This part 793 constitutes the official interpretative bulletin of the Department of Labor with respect to the meaning and application of section 13(b)(9) of the Fair...


The interpretations of the law contained in this part are official interpretations which may be relied upon as provided in section 10 of the Portal-to-Portal Act of 1947. All...


Some employees of radio and television stations perform work which may be exempt from the minimum wage and overtime requirements under section 13(a)(1) of the Act. This...


13(b) (9) of the Act exempts from the overtime requirements of section 7, but not from the minimum wage provisions of section 6, of the Act: any employee employed as...


All of the following requirements must be met in order that an employee may be exempt under section 13(b) (9): (a) The employee must be ``employed as'' an announcer, or a...


The exemption applies only to an employee who is ``employed as'' an announcer, news editor, or chief engineer under the conditions specified in section 13(b)...


The legislative history of section 13(b)(9) makes it clear that the exemption is specifically limited to employees employed in the specified occupations...


an employee who appears before the microphone or camera to introduce programs, read news announcements, present commercial messages, give station identification and time signals,...


an employee who gathers, edits and rewrites the news. He may also select and prepare news items for broadcast and present the news on the air. An employee who is primarily...


engineer is an employee who primarily supervises the operation maintenance and repair of all electronic equipment in the studio and at the transmitter and is licensed by the...


The legislative history of the exemption is explicit that the exemption applies only to an employee who is employed ``primarily'' as an announcer, news editor, or...


engineer. The 13(b)(9) exemption, as was made clear during the debate on the amendment, is intended to apply to employees employed in the named occupations by...


An employee who is employed primarily in one or more of the named occupations may also be engaged in other duties pertaining to the operation of the station by which he is...


The related work which an employee may perform is clearly limited in nature and extent by a number of requirements. One limitation is that the work must be...


the exemption is limited to employees ``employed by'' a radio or television station. The question whether a worker is employed ``by'' a radio or television station depends on...


An employee who is ``employed by'' a radio or television station in one or more of the named occupations may perform his work at the station or away from the station so long as...


The employee must be employed by a ``radio or television station.'' A radio or television station is one which is designated and licensed as such by the Federal...


depends on whether ``the major studio'' of the radio or television station which employes the employee is in a city or town as defined in section 13(b)(9). The location...


Section (b)(9) specifies that the ``major studio'' must be located ``(A) in a city or town of one hundred thousand population or less according to the latest available...


The unit of time to be used in determining the application of the exemption under section 13(b)(9) to an employee is the workweek. (See Overnight Motor...


An employee who engages exclusively in a workweek in work which is exempt under section 13(b)(9) is exempt from the Act's overtime requirements for the...


Where an employee in the same workweek performs work which is exempt from the overtime requirements of the Act under section 13(b)(9), and also engages in work to which the...


General scope of the Act. The Fair Labor Standards Act, as amended, hereinafter referred to as the Act, is a Federal statute of general application which...


Purpose of this part. This part 794 constitutes the official interpretation of the Department of Labor with respect to the meaning and application of section...


Matters discussed in this part. This part primarily discusses the meaning and application of the section 7(b)(3) exemption. The meaning and application of...


Significance of official interpretations. The interpretations of the law contained in this part are official interpretations of the Department of Labor with...


Basic support for interpretations. The ultimate decisions on interpretations of the Act are made by the courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v....


Reliance on interpretations. As previously stated, the interpretations of the law contained in this part are official interpretations. So long as they remain...


Interpretations made, continued, and superseded by this part. On and after publication of this part in the Federal Register, the interpretations contained therein...


Section 7(b)(3) of the Act Sec. 794.100 The statutory provision. Scope and Application in General ...


Section 7(b)(3) of the Act Sec. 794.101 Intended scope of exemption. Under section 7(b)(3) of the Act, the intent of the exemption...


Section 7(b)(3) of the Act Sec. 794.102 Guides for construing exemptions. It is judicially settled that ``The details with which...


Section 7(b)(3) of the Act Sec. 794.103 Dependence of exemption on engagement in described distribution. By its terms,...


Section 7(b)(3) of the Act Sec. 794.104 Enterprises engaged in described distribution and in other activities. An enterprise may...


Section 7(b)(3) of the Act Sec. 794.105 Other requirements for exemption. The limited overtime pay exemption provided by...


Section 7(b)(3) of the Act Sec. 794.106 Statutory definition of ``enterprise.'' The term ``enterprise'' is defined in section 3(r) of...


Section 7(b)(3) of the Act Sec. 794.107 ``Establishment'' distinguished. The ``enterprise'' referred to in the section 7(b)(3)...


Section 7(b)(3) of the Act Sec. 794.108 Scope of enterprise must be known before exemption tests can be applied. The scope of...


Section 7(b)(3) of the Act Sec. 794.109 Statutory basis for inclusion of activities in enterprise. The ``enterprise'' for purposes...


Section 7(b)(3) of the Act Sec. 794.110 Activities excluded from the enterprise by the statute. The circumstances under which...


Section 7(b)(3) of the Act Sec. 794.111 General characteristics of the statutory enterprise. As defined in the Act, the...


Section 7(b)(3) of the Act Sec. 794.112 Only independent and local enterprises qualify for exemption. The legislative history of...


Section 7(b)(3) of the Act Sec. 794.113 The enterprise must be ``local.'' It is clear from the language of section 7(b)(3) that...


Section 7(b)(3) of the Act Sec. 794.114 The enterprise must be ``independently owned and controlled.'' Another requirement...


Section 7(b)(3) of the Act Sec. 794.115 ``Independently owned.'' Ownership of the enterprise may be vested in an individual...


Section 7(b)(3) of the Act Sec. 794.116 ``Independently * * * controlled.'' As explained in Sec. 794.114, the enterprise in addition...


Section 7(b)(3) of the Act Sec. 794.117 Effect of franchises and other arrangements. Whether a franchise or other...


Section 7(b)(3) of the Act Sec. 794.118 Effect of unrelated activities. The term ``independently owned and controlled'' has reference...


Section 7(b)(3) of the Act Sec. 794.119 Dependence of exemption on sales volume of the enterprise. It is a requirement of the...


Section 7(b)(3) of the Act Sec. 794.120 Meaning of ``annual gross volume of sales.'' The annual gross volume of sales of...


Section 7(b)(3) of the Act Sec. 794.121 Exclusion of excise taxes. The computation of the annual gross volume of sales of...


Section 7(b)(3) of the Act Sec. 794.122 Ascertainment of ``annual'' gross sales volume. The annual gross volume of sales of an...


Section 7(b)(3) of the Act Sec. 794.123 Method of computing annual volume of sales. (a) Where the enterprise, during the portion of...


Section 7(b)(3) of the Act Sec. 794.124 Computations on a fiscal year basis. Some enterprises operate on a fiscal year, consisting of...


Section 7(b)(3) of the Act Sec. 794.125 Grace period of 1 month for compliance. Where it is not practicable to compute the...


Section 7(b)(3) of the Act Sec. 794.126 Computations for a new business. When a new business is commenced the employer will...


Section 7(b)(3) of the Act Sec. 794.127 Exemption conditioned on making 75 percent of sales within the State. A further...


Section 7(b)(3) of the Act Sec. 794.128 Sales made to out-of-State customers. Whether the sale of goods or services is made to...


Section 7(b)(3) of the Act Sec. 794.129 Sales ``made within the State'' not limited to noncovered activity. Sales to...


Section 7(b)(3) of the Act Sec. 794.130 Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum...


Section 7(b)(3) of the Act Sec. 794.131 ``Customer * * * engaged in bulk distribution''. A sale to a customer of an enterprise engaged...


Section 7(b)(3) of the Act Sec. 794.132 ``Petroleum products''. A sale by an enterprise engaged in the wholesale or...


Section 7(b)(3) of the Act Sec. 794.133 ``Bulk'' distribution. ``Bulk'' distribution of petroleum products typically connotes...


Section 7(b)(3) of the Act Sec. 794.134 Distribution ``for resale.'' A sale made to a customer engaged in the bulk distribution...


Section 7(b)(3) of the Act Sec. 794.135 Employees who are exempt. If an enterprise engaged in distribution of petroleum...


Section 7(b)(3) of the Act Sec. 794.136 Employees whose activities may qualify them for exemption. The activities for which the...


Section 7(b)(3) of the Act Sec. 794.137 Effect of activities other than ``wholesale or bulk distribution of petroleum products.'' ...


Section 7(b)(3) of the Act Sec. 794.138 Workweek unit in applying the exemption. (a) As is true generally with respect to provisions...


Section 7(b)(3) of the Act Sec. 794.139 Exempt and nonexempt activities in the workweek. The general nature of the activities of...


Section 7(b)(3) of the Act Sec. 794.140 Compensation requirements for a workweek under section 7(b)(3). (a) Exemption of an employee...


Section 7(b)(3) of the Act Sec. 794.141 Workweeks when hours worked do not exceed 12 in any day or 56 in the week;...


Section 7(b)(3) of the Act Sec. 794.142 Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in...


Section 7(b)(3) of the Act Sec. 794.143 Work exempt under another section of the Act. Where an employee performs work during...


Section 7(b)(3) of the Act Sec. 794.144 Records to be maintained. (a) Form of records. No particular order or form of records...


Employee Polygraph Protection Act of 1988 (EPPA or the Act) prohibits most private employers (Federal, State, and [[Page 745]] local government employers...


EPPA means the Employee Polygraph Protection Act of 1988 (Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009). (b) (1) The term commerce has the meaning provided in section...


in or affecting commerce or in the production of goods for commerce.'' (Section 3 of EPPA; 29 U.S.C. 2002.) In interpreting the phrase ``affecting commerce'' in...


that, unless otherwise exempt pursuant to section 7 of the Act and Secs. 801.10 through 801.14 of this part, covered employers are prohibited from: (1)...


that the Act, except for subsections (a), (b), and (c) of section 7, does not preempt any provision of a State or local law, or any provision of a collective...


and keep posted on its premises a notice explaining the Act, as prescribed by the Secretary. Such notice must be posted in a prominent and conspicuous place in every...


Act, the Secretary is authorized to: (1) Issue such rules and regulations as may be necessary or appropriate to carry out the Act; (2) Cooperate with regional,...


include ``any person acting directly or indirectly in the interest of an employer in relationship to an employee or prospective employee'' (EPPA section 2(2)). (b)...


provides an exclusion from the Act's coverage for the United States Government, any State or local government, or any political subdivision of a State or local government,...


for the administration of lie detector tests in the following paragraphs (b) through (e) of this section apply only to the Federal Government; they do not allow...


injury. (a) Section 7(d) of the Act provides a limited exemption from the general [[Page 750]] prohibition on lie detector use in private...


controlled substances. (a) Section 7(f) provides an exemption from the Act's general prohibition regarding the use of polygraph tests for employers authorized...


(a) Section 7(e) of the Act provides an exemption from the general prohibition against polygraph tests for certain armored car, security alarm, and security guard employers. Subject...


(a) Section 8(a) (1) of the Act provides that the limited exemption in section 7(d) of the Act and Sec. 801.12 of this part for ongoing...


controlled substance exemptions. (a) Section 8(a) (2) of the Act provides that the security service exemption in section 7(e) of the Act and Sec. 801.14 of this part...


to section 8(b) of the Act, the limited exemption in section 7(d) of the Act for ongoing investigations, and the security service and controlled substance exemptions in 7(e)...


(a) The pretest phase consists of the questioning and other preparation of the prospective examinee before the actual use of the polygraph instrument. During the initial pretest...


(a) The actual testing phase refers to that time during which the examiner administers the examination by using a polygraph instrument with respect to the examinee and...


(a) The post-test phase refers to any questioning or other communication with the examinee following the use of the polygraph instrument, including review of the results of the test...


(a) Section 8 (b) and (c) of the Act provides that the limited exemption in section 7(d) of the Act for ongoing investigations, and the security service and...


(a) The following records shall be kept for a minimum period of three years from the date the polygraph examination is conducted (or from the date the examination is requested if...


of the Act prohibits the unauthorized disclosure of any information obtained during a polygraph test by any person, other than the examinee, directly or indirectly, except...


provisions of the Act or these regulations have been violated, such action shall be taken and such proceedings instituted as deemed appropriate, including the following: ...


section 518(a) of title 28, U.S. Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil...


an amount not to exceed $10,000 for any violation may be assessed against any employer for: (1) Requiring, requesting, suggesting or causing an employee or...


is directed in a final order of the Department, the amount of the penalty is immediately due and payable to the United States Department of Labor. The person assessed...


General The procedures and rules contained in this subpart prescribe the administrative process for assessment of civil money penalties...


Administrator determines to assess a civil money penalty for a violation of the Act or this part, the person against whom such penalty is assessed shall be notified in writing...


of this part shall: (a) Set forth the determination of the Administrator and the reason or reasons therefor; (b) Set forth a description of each violation and the...


an administrative hearing on a civil money penalty assessment pursuant to this part shall make such request in writing to the official who issued the determination at the...


the extent they do not conflict with the provisions of this subpart, the ``Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative...


documents under this subpart shall be made by personal service to the individual, officer of a corporation, or attorney of record or by mailing the determination to the last...


permitted under the Act and these regulations shall be commenced upon receipt of a timely request for hearing filed in accordance with Sec. 801.53 of...


instituted under the Act and this part shall be identified of record by a number preceded by the year and the letters ``EPPA''. (b) The number, letter, and...


instituted under the Act and this part shall be captioned in the name of the person requesting such hearing, and shall be styled as follows: In Matter...


of a timely request for a hearing filed pursuant to and in accordance with Sec. 801.53 of this part, the Administrator, by the Associate Solicitor for the Division of Fair...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR801.64] [Page 769] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 801--APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988-- Table of Contents Subpart F--Administrative Proceedings Sec. 801.64 Notice of docketing. The Chief Administrative Law Judge shall promptly notify the parties of the docketing of each matter. Procedures Before Administrative Law Judge ...


The Associate Solicitor, Division of Fair Labor Standards, or Regional Solicitor shall represent the Department in any proceeding under...


time after the commencement of a proceeding under this part, but prior to the reception of evidence in any such proceeding, a party may move to defer the receipt of any evidence for...


(a) The Administrative Law Judge shall prepare, as promptly as practicable after the expiration of the time set for filing proposed findings and related papers, a decision on the...


modify or vacate the Decision and Order of the Administrative Law Judge whenever the Secretary concludes that the Decision and Order: (1) Is inconsistent with a policy...


days after the date of the decision of the Administrative Law Judge, the respondent, the Administrator, or any other party desiring review thereof, may file with the Secretary...


Decision and Order by the Secretary shall not be a matter of right but of the sound discretion of the Secretary. At any time within 30 days after the issuance of the Decision and...


the Secretary shall be filed with the Secretary of Labor, U.S. Department of Labor, Washington, DC 20210. (b) Number of copies. An original and two copies of...


Upon receipt of the Secretary's Notice of Intent to Modify or Vacate the Decision and Order of an Administrative Law Judge, the Chief Administrative Law Judge shall,...


Decision and Order shall be served upon all parties and the Chief Administrative Law Judge. [[Page 772]] ...


every completed administrative hearing provided by this part shall be maintained and filed under the custody and control of the Chief Administrative...


timely notice of appeal to a United States District Court of a Decision and Order issued under this part, the Chief Administrative Law Judge shall promptly certify and file with...


Leave Act? (a) The Family and Medical Leave Act of 1993 (FMLA or Act) allows ``eligible'' employees of a covered employer to take job-protected, unpaid leave,...


the Act? (a) FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption...


(a) The Act became effective on August 5, 1993, for most employers. If a collective bargaining agreement was in effect on that date, the Act's effective date was...


in progress on, or taken before, the effective date of the Act? (a) An eligible employee's right to take FMLA leave began on the date that the Act went into effect...


by the Act? (a) An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees...


employer is covered by FMLA, what does it mean to employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current...


under FMLA? (a) Where two or more businesses exercise some control over the work or working conditions of the employee, the businesses may be joint...


interest''? (a) For purposes of FMLA, in determining whether an employer is covered because it is a ``successor in interest'' to a covered employer, the factors...


(a) An ``employer'' under FMLA includes any ``public agency,'' as defined in section 3(x) of the Fair Labor Standards Act, 29 U.S.C. 203(x). Section 3(x) of...


by these regulations? (a) Most employees of the government of the United States, if they are covered by the FMLA, are covered under Title II of the FMLA...


to take leave under FMLA? (a) An ``eligible employee'' is an employee of a covered employer who: (1) Has been employed by the employer for at least...


employee is ``eligible'' under FMLA, how is the determination made whether the employer employs 50 employees within 75 miles of the worksite where the employee...


circumstances are employers required to grant family or medical leave? (a) Employers covered by FMLA are required to grant leave to eligible employees: (1) For...


``son or daughter'' mean for purposes of an employee qualifying to take FMLA leave? (a) Spouse means a husband or wife as defined or recognized under State...


condition'' entitling an employee to FMLA leave? (a) For purposes of FMLA, ``serious health condition'' entitling an employee to FMLA leave means an illness,...


employee is unable to perform the functions of the position of the employee''? An employee is ``unable to perform the functions of the position'' where the health...


an employee is ``needed to care for'' a family member? (a) The medical certification provision that an employee is ``needed to care for'' a family member encompasses...


FMLA leave or leave on a reduced leave schedule, what is meant by ``the medical necessity for'' such leave? For intermittent leave or leave on a reduced...


(a) The Act defines ``health care provider'' as: (1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate)...


an employee take? (a) An eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one,...


the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded? An employee's entitlement to leave for a birth or...


a husband and wife take if they are employed by the same employer? (a) A husband and wife who are eligible for FMLA leave and are employed by the same covered employer...


have to be taken all at once, or can it be taken in parts? (a) FMLA leave may be taken ``intermittently or on a reduced leave schedule'' under certain...


an employee to an ``alternative position'' in order to accommodate intermittent leave or a reduced leave schedule? (a) If an employee needs intermittent leave...


amount of leave used where an employee takes leave intermittently or on a reduced leave schedule? (a) If an employee takes leave on an intermittent or reduced...


hourly amounts from an employee's salary, when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive,...


or unpaid? (a) Generally, FMLA leave is unpaid. However, under the circumstances described in this section, FMLA permits an eligible employee to choose to...


may an employer designate leave, paid or unpaid, as FMLA leave and, as a result, count it against the employee's total FMLA leave entitlement? ...


to benefits while using FMLA leave? (a) During any FMLA leave, an employer must maintain the employee's coverage under any group health plan (as defined in...


FMLA leave pay their share of group health benefit premiums? (a) Group health plan benefits must be maintained on the same basis as coverage would have been...


benefits maintenance rules apply to multi-employer health plans? (a) A multi-employer health plan is a plan to which more than one employer is required to...


an employee's failure to make timely health plan premium payments? (a)(1) In the absence of an established employer policy providing a longer grace period,...


costs it incurred for maintaining ``group health plan'' or other non-health benefits coverage during FMLA leave? (a) In addition to the circumstances discussed...


rights on returning to work from FMLA leave? (a) On return from FMLA leave, an employee is entitled to be returned to the same position the employee held...


position? (a) An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits and working...


on an employer's obligation to reinstate an employee? (a) An employee has no greater right to reinstatement or to other benefits and conditions of employment...


employee''? (a) A ``key employee'' is a salaried FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within...


grievous economic injury'' mean? (a) In order to deny restoration to a key employee, an employer must determine that the restoration of the employee to employment...


of a key employee? (a) An employer who believes that reinstatement may be denied to a key employee, must give written notice to the employee at the time the...


who request leave or otherwise assert FMLA rights? (a) The FMLA prohibits interference with an employee's rights under the law, and with legal proceedings...


requirements does the Act place on employers? (a) Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous...


What other notices to employees are required of employers under the FMLA? (a)(1) If an FMLA-covered employer has any eligible employees and has any written guidance...


What notice does an employee have to give an employer when the need for FMLA leave is foreseeable? (a) An employee must provide the employer at least 30 days advance...


the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable? (a) When the approximate timing of the need for leave...


What recourse do employers have if employees fail to provide the required notice? (a) An employer may waive employees' FMLA notice obligations or the employer's own...


an employee provide medical certification to support FMLA leave? (a) An employer may require that an employee's leave to care for the employee's seriously-ill...


How much information may be required in medical certifications of a serious health condition? (a) DOL has developed an optional form (Form WH-380, as revised) for...


What may an employer do if it questions the adequacy of a medical certification? (a) If an employee submits a complete certification signed by the health care provider,...


Under what circumstances may an employer request subsequent recertifications of medical conditions? (a) For pregnancy, chronic, or permanent/long-term conditions...


may an employer require regarding an employee's intent to return to work? (a) An employer may require an employee on FMLA leave to report periodically on...


Under what circumstances may an employer require that an employee submit a medical certification that the employee is able (or unable) to return to work (i.e.,...


What happens if an employee fails to satisfy the medical certification and/or recertification requirements? (a) In the case of foreseeable leave, an employer may delay...


Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees? (a) If an employee fails to give timely advance notice...


violated? (a) The employee has the choice of: (1) Filing, or having another person file on his or her behalf, a complaint with the Secretary of Labor, or ...


(a) A complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, Employment Standards Administration, U.S. Department...


Section 825.300 describes the requirements for covered employers to post a [[Page 817]] notice for employees that explains the Act's provisions. If...


the posting requirement? (a) An employer may obtain a review of the assessment of penalty from the Wage and Hour Regional Administrator for the region in which...


a final order is issued? The Regional Administrator may seek to recover the unpaid penalty pursuant to the Debt Collection Act (DCA), 31 U.S.C. 3711 et seq.,...


(a) FMLA provides that covered employers shall make, keep, and preserve records pertaining to their obligations under the Act in accordance with the recordkeeping requirements...


apply to employees of ``local educational agencies,'' including public school boards and elementary and secondary schools under their jurisdiction, and private elementary...


a reduced leave schedule? (a) Leave taken for a period that ends with the school year and begins the next semester is leave taken consecutively rather...


(a) There are also different rules for instructional employees who begin leave more than five weeks before the end of a term, less than five weeks before the...


the FMLA leave entitlement? (a) If an employee chooses to take leave for ``periods of a particular duration'' in the case of intermittent or reduced schedule...


The determination of how an employee is to be restored to ``an equivalent position'' upon return from FMLA leave will be made on the basis of ``established school...


if an employer provides more generous benefits than required by FMLA? (a) An employer must observe any employment benefit program or plan that provides greater...


Do State laws providing family and medical leave still apply? (a) Nothing in FMLA supersedes any provision of State or local law that provides greater family or medical...


How does FMLA affect Federal and State anti-discrimination laws? (a) Nothing in FMLA modifies or affects any Federal or State law prohibiting discrimination on the basis...


How does FMLA affect Federal and State anti-discrimination laws? (a) Nothing in FMLA modifies or affects any Federal or State law prohibiting discrimination on the basis...
...


interpretations of general application whereby the Secretary of Labor carries out his duties under section 303 of the CCPA dealing with restrictions on garnishment of earnings,...


[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR870.2] [Page 840] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 870--RESTRICTION ON GARNISHMENT--Table of Contents Subpart A--General Sec. 870.2 Amendments to this part. The Administrator may, at any time upon his own motion or upon written request of any interested person setting forth reasonable grounds therefor, amend any rules in this part. ...


(a) Statutory provison. Section 303 (a) of the CCPA provides that, with some exceptions, the maximum part of the aggregate disposable earnings of an...


(a)(1) Section 303(b) of the Consumer Credit Protection Act provides that the restrictions in section 303(a) do not apply to: (i) Any debt due for...


the provisions of section 303(a) garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which...


section 303(a) of the CCPA garnishments issued under the laws of a State if those laws considered together cover every case of garnishment covered by the Act, and if...


the exemption of garnishments issued under the laws of a State may be made in duplicate by a duly authorized representative of the State. The application shall...


within a reasonable time any application for the exemption of State-regulated garnishments. The State representative shall be notified in writing of the decision. In the event...


grant any application for the exemption of State-regulated garnishments whenever he finds that the laws of the State satisfy the policy expressed in...


of State-regulated garnishments that the State representative have the powers and duties (1) To represent, and act on behalf of, the State in relation to the...


shall terminate any exemption of State-regulated garnishments when he finds that the laws of the State no longer satisfy the purpose of section 303(a) of...


the provisions of this part, it has been determined that the laws of the following States provide restrictions on garnishment which are substantially similar to those...




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