29 U.S.C. § 201 — Short title

Page 62 TITLE 29—LABOR § 201 Sec. 215. Prohibited acts; prima facie evidence. 216. Penalties. 216a. Repealed. 216b. Liability for overtime work performed prior to July 20, 1949. 217. Injunction proceedings. 218. Relation to other laws. 218a. Repealed. 218b. Notice to employees. 218c. Protections for employees. 218d. Breastfeeding accommodations in the work- place. 219. Separability. § 201. Short title This chapter may be cited as the ‘‘Fair Labor Standards Act of 1938’’. (June 25, 1938, ch. 676, § 1, 52 Stat. 1060.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. KK, § 101, Dec. 29, 2022, 136 Stat. 6093, provided that: ‘‘This division [enacting section 218d of this title, amending sections 207, 215, and 216 of this title and section 20168 of Title 49, Transportation, and enacting provisions set out as notes under sections 207, 215, and 218d of this title and section 20168 of Title 49] may be cited as the ‘Providing Urgent Maternal Protections for Nursing Mothers Act’ or the ‘PUMP for Nursing Mothers Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–28, title VIII, § 8101, May 25, 2007, 121 Stat. 188, provided that: ‘‘This subtitle [subtitle A (§§ 8101–8104) of title VIII of Pub. L. 110–28, amending section 206 of this title, repealing sections 205 and 208 of this title, and enacting provisions set out as notes under section 206 of this title] may be cited as the ‘Fair Minimum Wage Act of 2007’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–202, § 1, May 18, 2000, 114 Stat. 308, provided that: ‘‘This Act [amending section 207 of this title and enacting provisions set out as notes under section 207 of this title] may be cited as the ‘Worker Economic Op- portunity Act’.’’ SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105–334, § 1, Oct. 31, 1998, 112 Stat. 3137, pro- vided that: ‘‘This Act [amending section 213 of this title and enacting provisions set out as a note under section 213 of this title] may be cited as the ‘Drive for Teen Employment Act’.’’ Pub. L. 105–221, § 1, Aug. 7, 1998, 112 Stat. 1248, pro- vided that: ‘‘This Act [amending section 203 of this title] may be cited as the ‘Amy Somers Volunteers at Food Banks Act’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–188, [title II], § 2104(a), Aug. 20, 1996, 110 Stat. 1928, provided that: ‘‘This section [amending sec- tion 206 of this title] may be cited as the ‘Minimum Wage Increase Act of 1996’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–26, § 1, Sept. 6, 1995, 109 Stat. 264, provided that: ‘‘This Act [amending section 207 of this title and enacting provisions set out as a note under section 207 of this title] may be cited as the ‘Court Reporter Fair Labor Amendments of 1995’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–157, § 1(a), Nov. 17, 1989, 103 Stat. 938, pro- vided that: ‘‘This Act [enacting section 60k of Title 2, The Congress, amending sections 203, 205 to 208, 213, 214, and 216 of this title, and enacting provisions set out as notes under sections 203 and 206 of this title] may be cited as the ‘Fair Labor Standards Amendments of 1989’.’’ SHORT TITLE OF 1985 AMENDMENT Pub. L. 99–150, § 1(a), Nov. 13, 1985, 99 Stat. 787, pro- vided that: ‘‘This Act [amending sections 203, 207, and 211 of this title and enacting provisions set out as notes under sections 203, 207, 215, and 216 of this title] may be cited as the ‘Fair Labor Standards Amendments of 1985’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–151, § 1(a), Nov. 1, 1977, 91 Stat. 1245, pro- vided that: ‘‘This Act [amending sections 203, 206, 208, 213, 214, and 216 of this title and enacting provisions set out as notes under sections 203, 204, and 213 of this title] may be cited as the ‘Fair Labor Standards Amend- ments of 1977’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–259, § 1(a), Apr. 8, 1974, 88 Stat. 55, provided that: ‘‘This Act [enacting section 633a of this title, amending sections 202 to 208, 210, 212 to 214, 216, 255, 260, 630, and 634 of this title, and enacting provisions set out as notes under this section and sections 202, 206, 207, 213, and 621 of this title] may be cited as the ‘Fair Labor Standards Amendments of 1974’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–601, § 1, Sept. 23, 1966, 80 Stat. 830, provided: ‘‘That this Act [amending sections 203, 206, 207, 213, 214, 216, 218, and 255 of this title, and enacting provisions set out as notes under sections 207 and 214 of this title, sec- tion 1082 of former Title 5, Executive Departments and Government Officers and Employees, and section 2000e–14 of Title 42, The Public Health and Welfare] may be cited as the ‘Fair Labor Standards Amend- ments of 1966’.’’ SHORT TITLE OF 1963 AMENDMENT Pub. L. 88–38, § 1, June 10, 1963, 77 Stat. 56, provided: ‘‘That this Act [amending section 206 of this title and enacting provisions set out as notes under section 206 of this title] may be cited as the ‘Equal Pay Act of 1963’.’’ SHORT TITLE OF 1961 AMENDMENT Pub. L. 87–30, § 1, May 5, 1961, 75 Stat. 65, provided: ‘‘That this Act [amending sections 203 to 208, 212 to 214, 216, and 217 of this title and enacting provisions set out as a note under section 213 of this title] may be cited as the ‘Fair Labor Standards Amendments of 1961’.’’ SHORT TITLE OF 1956 AMENDMENT Act Aug. 8, 1956, ch. 1035, § 1, 70 Stat. 1118, provided: ‘‘That this Act [amending sections 206, 213, and 216 of this title] may be cited as the ‘American Samoa Labor Standards Amendments of 1956’.’’ SHORT TITLE OF 1955 AMENDMENT Act Aug. 12, 1955, ch. 867, § 1, 69 Stat. 711, provided: ‘‘That this Act [amending sections 204–206, 208, and 210 of this title and enacting provisions set out as notes under sections 204, 206, and 208 of this title] may be cited as the ‘Fair Labor Standards Amendments of 1955’.’’ SHORT TITLE OF 1949 AMENDMENT Act Oct. 26, 1949, ch. 736, § 1, 63 Stat. 910, provided: ‘‘That this Act [enacting section 216b of this title, amending sections 202 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title] may be cited as the ‘Fair Labor Standards Amendments of 1949’.’’ Page 63 TITLE 29—LABOR § 203 1 So in original. Probably should be preceded by ‘‘in’’. § 202. Congressional finding and declaration of policy (a) The Congress finds that the existence, in industries engaged in commerce or in the pro- duction of goods for commerce, of labor condi- tions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) bur- dens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor dis- putes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. That Congress further finds that the employment of persons in domestic service in households affects commerce. (b) It is declared to be the policy of this chap- ter, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the condi- tions above referred to in such industries with- out substantially curtailing employment or earning power. (June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26, 1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93–259, § 7(a), Apr. 8, 1974, 88 Stat. 62.) Editorial Notes AMENDMENTS 1974—Subsec. (a). Pub. L. 93–259 inserted finding of Congress that employment of persons in domestic serv- ice in households affects commerce. 1949—Subsec. (b). Act Oct. 26, 1949, inserted reference to regulation of commerce with foreign nations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–259, § 29(a), Apr. 8, 1974, 88 Stat. 76, provided that: ‘‘Except as otherwise specifically provided, the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title] shall take effect on May 1, 1974.’’ EFFECTIVE DATE OF 1949 AMENDMENT Act Oct. 26, 1949, ch. 736, § 16(a), 63 Stat. 919, provided that: ‘‘The amendments made by this Act [enacting section 216b of this title, amending this section and sec- tions 203 to 208, 211 to 216, and 217 of this title, and re- pealing section 216a of this title] shall take effect upon the expiration of ninety days from the date of its en- actment [Oct. 26, 1947]; except that the amendment made by section 4 [amending section 204 of this title] shall take effect on the date of its enactment [Oct. 26, 1949].’’ RULES, REGULATIONS, AND ORDERS WITH REGARD TO FAIR LABOR STANDARDS AMENDMENTS OF 1974 Pub. L. 93–259, § 29(b), Apr. 8, 1974, 88 Stat. 76, provided that: ‘‘Notwithstanding subsection (a) [set out as an Ef- fective Date of 1974 Amendment note above], on and after the date of the enactment of this Act [Apr. 8, 1974] the Secretary of Labor is authorized to prescribe nec- essary rules, regulations, and orders with regard to the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title].’’ § 203. Definitions As used in this chapter— (a) ‘‘Person’’ means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of per- sons. (b) ‘‘Commerce’’ means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. (c) ‘‘State’’ means any State of the United States or the District of Columbia or any Terri- tory or possession of the United States. (d) ‘‘Employer’’ includes any person acting di- rectly or indirectly in the interest of an em- ployer in relation to an employee and includes a public agency, but does not include any labor or- ganization (other than when acting as an em- ployer) or anyone acting in the capacity of offi- cer or agent of such labor organization. (e)(1) Except as provided in paragraphs (2), (3), and (4), the term ‘‘employee’’ means any indi- vidual employed by an employer. (2) In the case of an individual employed by a public agency, such term means— (A) any individual employed by the Govern- ment of the United States— (i) as a civilian in the military depart- ments (as defined in section 102 of title 5), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumen- tality under the jurisdiction of the Armed Forces, (v) in the Library of Congress, or (vi) the 1 Government Publishing Office; (B) any individual employed by the United States Postal Service or the Postal Regu- latory Commission; and (C) any individual employed by a State, po- litical subdivision of a State, or an interstate governmental agency, other than such an indi- vidual— (i) who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and (ii) who— (I) holds a public elective office of that State, political subdivision, or agency, (II) is selected by the holder of such an office to be a member of his personal staff, (III) is appointed by such an officeholder to serve on a policymaking level, (IV) is an immediate adviser to such an officeholder with respect to the constitu- tional or legal powers of his office, or (V) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency. (3) For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such indi-