Chapter 8, Section 213, Subsection (b) · 29 U.S.C. Chapter 8

Contents

(b)The provisions of section 207 of this title shall not apply with respect to—

(1)any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49; or

(2)any employee of an employer engaged in the operation of a rail carrier subject to part A of subtitle IV of title 49; or

(3)any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act [45 U.S.C. 181 et seq.]; or

(4)Repealed. Pub. L. 93–259, § 11(c), Apr. 8, 1974, 88 Stat. 64.

(5)any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or

(6)any employee employed as a seaman; or

(7)Repealed. Pub. L. 93–259, § 21(b)(3), Apr. 8, 1974, 88 Stat. 68.

(8)Repealed. Pub. L. 95–151, § 14(b), Nov. 1, 1977, 91 Stat. 1252.

(9)any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located (A) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Office of Management and Budget, which has a total population in excess of one hundred thousand, or (B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area; or

(10)

(A)any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers; or

(B)any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers; or

(11)any employee employed as a driver or driver’s helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under section 207(a) of this title; or

(12)any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year; or

(13)any employee with respect to his employment in agriculture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at a wage rate not less than that prescribed by section 206(a)(1) of this title; or

(14)any employee employed within the area of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm, if no more than five employees are employed in the establishment in such operations; or

(15)any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; or

(16)any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables; or

(17)any driver employed by an employer engaged in the business of operating taxicabs; or

(18), (19) Repealed. Pub. L. 93–259, §§ 15(c), 16(b), Apr. 8, 1974, 88 Stat. 65.

(20)any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be; or

(21)any employee who is employed in domestic service in a household and who resides in such household; or

(22)Repealed. Pub. L. 95–151, § 5, Nov. 1, 1977, 91 Stat. 1249.

(23)Repealed. Pub. L. 93–259, § 10(b)(3), Apr. 8, 1974, 88 Stat. 64.

(24)any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children—

(A)who are orphans or one of whose natural parents is deceased, or

(B)who are enrolled in such institution and reside in residential facilities of the institution,

while such children are in residence at such institution, if such employee and his spouse reside in such facilities, receive, without cost, board and lodging from such institution, and are together compensated, on a cash basis, at an annual rate of not less than $10,000; or

(25), (26) Repealed. Pub. L. 95–151, §§ 6(a), 7(a), Nov. 1, 1977, 91 Stat. 1249, 1250.

(27)any employee employed by an establishment which is a motion picture theater; or

(28)any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight;

(29)any employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System if such employee (A) is an employee of a private entity engaged in providing services or facilities in a national park or national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture, and (B) receives compensation for employment in excess of fifty-six hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or

(30)a criminal investigator who is paid availability pay under section 5545a of title 5.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 33

Show every defined term

Agriculture
includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 1141j(g) 2 of title 12), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
air carrier
has the meaning given such term in section 40102 of title 49.
American vessel
includes any vessel which is documented or numbered under the laws of the United States.
Commerce
means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
crewmember
has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).
Elementary school
means a day or residential school which provides elementary education, as determined under State law.
Employ
includes to suffer or permit to work.
employee
means any individual employed by an employer.
Employee in fire protection activities
means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who—
employee who maintains the right of way
means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49.
Employer
includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
Enterprise
means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an independent contractor.
Enterprise engaged in commerce or in the production of goods for commerce
means an enterprise that—
Goods
means goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer, or processor thereof.
Industry
means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed.
labor organization
means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Man-day
means any day during which an employee performs any agricultural labor for not less than one hour.
motorcoach services operator
means an entity that offers motorcoach services.
new entrant into the workforce
means an individual who—
Oppressive child labor
means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well-being) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being;
overtime compensation
means the compensation required by subsection (a), and
Person
means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
Produced
means produced, manufactured, mined, handled, or in any other manner worked on in any State;
Public agency
means the Government of the United States;
rail carrier
means an employer described in section 213(b)(2) of this title.
Secondary school
means a day or residential school which provides secondary education, as determined under State law.
Secretary
means the Secretary of Labor.
sell
includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.
serious injury
means—
State
means any State of the United States or the District of Columbia or any Territory or possession of the United States.
student hours of employment
means hours during which students are employed in a retail or service establishment under certificates issued under this subsection.
Tipped employee
means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.
train crew
has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).