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DOCUMENT RESUME

..ID 16! 896

- CE 019 142'

TITLE 'INSTITUTION

The Flit .Labor Standards Ace of 1938, as Amended. Employment Standards,Oditinistration (DOW,

:MORT AO

Washingtone'D.C. age. and Hour Div. Wh-1318

PUB DATE ,

NOTE'

.

Alp; 78

.

,

41p.; riation will not reproduce well

due ......- tb small print

AVAILABLE FROM Superintendent of Docilments, U.S. Governmett Printing Office, Wadhington, D.C.-20402 (Stock Number

.029-016-00055-1, $1.60)

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Child Labor; Child Labor Legislation; Employment

Practices; Equal Opportunities (Jobs). ; Equal Protection; Federal Legislation; *Labor Legislation; *Labor Standards; Miniium Wage; Working !lours

IbENTIFIERS:

Fair Labor Standards Act.1938 -Amended

ABSTRACT

i

t

.

This ptblication contains the original text of the

Fair Labor Standards Act of 1938 with revisions effected by

.

,

twenty-three Amendments. (Different typefacirs are cased to represent

the original text and subsequent amendments grduped as prd1961,

.0161, 1966, 1972; 1974, and 1977.) Sections covered in the Act

include minimum wages maximum workweek hours, child.labor;.the

employment.of learners, appreiAices, students, and handicapped

worktrs, and the prevention of discrimination because of 4! or sex.

(JH)

.

.

.

.

.

.

4

4

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r

/

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***. ***********70, 0**********M******###*******M************

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*

Reproductions supplied by 'MRS are the best that, can be made *

*

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from the' original document. .

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5

CO I.

(1.1 j

r'4`) The air Labor Standards Act

of 19389as Amended

US Department of tabor

Employment Standard dministration

Wage and Hour Divis' n

.

WH Publication 1318 Revised August 1878

.a

b

4 r

.

U.S.EDDEUPCAARTTIOMNEN$TWOEFLFHAERAELTH. NATIONAL INSTITUTE OF EDUCATION

OTHUICSEDDOECXUAMCETNLTYOR.AHGSAASRNEIBZCAEETEIIVNOENRDOERPFRRIGOOIMN. ATSSETHETDIENANUTTPCGEEOADRiFTTSFDIOPOIOCNONINAIPONOLORT.TSNSIATNATIEOfItCONVENIOESAWRSLAIPONRORSILLTOYIICTPRYUINETIPEORNOESF-

THE

FAIR

LABOR

STANDARDVW.OF 1938,

87

AS

AMENIED

(29 11.8.C. 201. It seq.)

rteevx'itTsaehtdi*tshtpeou-cbrilteiefcdlaectpitoatgnheecso'cnohtfaantihngesesSthetaeftfuoetrceitgseidantbaLylattrehgxeeo.afmtheendFmaiernLtsabliosrteSdtainndthairsdsfoAoctnt oorte1,9w38hiacshslnetayfo4rb4teh?

in 52 Stat:-1060 found in officia:

,

This publication contains 52 Stat. 1060, as amended by:

11)

(2) (3) (4) (5) . (6)

(7 )

(8)

(9) (10)

(11)'

(12)

(13)

(14r (15) (16) (17) (18) (19),

(20)

121) (22) (23)

The Act of Aut 9,1939

Section 404 of Reorganization Plan No. II of 1939 Sections 3(c)-3(f) of the Act of June 26, 1940 The Act of October 29, 1941

Reorganization Plan No. 2 of 1946

The Portal-to-Portal Act of 1947

-The Act of July 20, 1949

The Fair Labor Standards Amendmentsof 1949

Reorganization Plan No.-6 of 1950

The The The

AAFamcitreorLficaAabnuogrSuSasmtta3on0ad,aL9rad5bs7oArmSetannddmaerdnstsAofm1e9n5d5ments

of

The Act of August 25, 1958 ,

fs

STTehhceetiAFoancit2ro2LfoaJbfuotlhyre1SA7ta,c1n1t9d9o6af0rAdsuAgumste2n$dm, 1e9n5t8s.._o. f

1961

t , TTSTTTSehehhhhcieeeeect'.tiEAFFiFooqaacanniuiti9rrr8ao0lLf6oPafabyoetrAhDeSmctatetaEabnnodneddfudraa1ca1rr9dard1d6tss;eis31oAnA9nm6m,A, eefe,mnnnTaddedmrmmnamendeenensmnndptttisesosnnorgoottffsafT1t11oii9o9tf9l77ne6474695A7o2c.-ft-'

.k,

the U.S.C.

.

.:.

53' S t. :1

, Stat.' 14

.54 Stat. 615

55 Stat. 756

60. Stat., 1095

61 Stat. 84

63 Stat.' 446

63 Stat. 910

64 'Stat. 1263

69 Stat. 70 Stat 71 Stat.

711 1118 514

72 Stat.. 844

72 Stat. 948

74 Stat. 417

75 Stat. 77 Stat. -

65.

56

80 Stat. 830

/ \

80 Stat. % 931 81 Stat. 3 222

86 Stat. 235

88 Stat. 55

91 Stat. 1245

The 'original text the "Century" several different t

offathcels..rAtudrdLedaboorraSmtaennddaerddslaAncgtuoafg1e9a3s8,enaascrteevdisbeyd

as fci ws:

by the amendments hrough subsequent amendments is

1960, is set in represented by

Amendments

face Used

Public Law

DateEnacted

Staa Cdation-

Pre-1961

1961

1966' 1972 1974 -1977

dintury qnnttuuiyry'Bcildface

Ce tury'Boldface Italics Cen ry.Holdffsce Italics

Ivetica Light.

87-30.

8992-460118

93-259

95-1$1

- 5/5/61

v 9423/66 6/23/72

.

.4/8/74

11/1/77

75 Stat.' 65 80 Stat.-880 86 Slat 235 at 375

- 88 Stat. 55 91 Stat. 1245

berxaIecnmkcepattssio.enssw, thheerech4ainngneusa.larcehsahnogwens-maacme.e''stoliabteelmy faodleloiwninpgrothveispiroovniss,iosnintothweh,icclafrthoefythaeppglryaadnudalarpeheanscel-oosue0dt.oinf

Changeekmade by the 1974 amendmaitsillp amendments are set in Helvetka Light.. ' 11411.1.-

set

in

Century

Boldface

Italics.

lose

The footnotes in relied upon- la that

this revision show where prior changes have a comparison may be made with the official

been text.

made

and

refer

to

the

made by the 1977

$.

. ,

sped* amendments

This revised text big been prepared i the Office of the SoliciVor; U.S. Department onabor.

3

P

1

FAIR LABOR STANDARDS Adr OF #38, AS AMENDED

(29 U.S.C. 201, et seq.)

To provide for the establishment of fair labor standards

in employments in and affecting interstate commerce;

and for other purposes.

.

(4) "Person" means an individual, Rartnership, association, corporation, business trust,rTegal representative, or any organized group of persons.

r

Be it enacted by the Senate and House of Representatives orthe. United States ifAmerica in Congress assembled, That' this Act may be cited as the "Fair Labor Standards Act of/I938:"

(b) "Commerce',; means trade, commerce, transporta-

tion, transmission, or communication among the sever-

al States or between any Static, and any place outside

, thereof.=

1

.` .

(c) "State" means any State of the United States 'or

the District of'Columbia,or any Territoky or possession

Finding and declaration of-Policy

of the United States. (d) "Employer",includes any person acting directly or

Sac. 2.. (a) The Congress hereby finds that the exis- indirectly in the interest of an employer in relation to

tence, in industries engaged in commerce or in the an employee and include's a public agency, but does not

prodbuttion of goods for commerce, 'of labor conditions detrimentarto the maintenance of the minimum stand-

include any labor organization (other than when acting

as an employer) or

acting in the capacity of .

of living necessary for hesillih,efficiency, and gener- . 1f-being of, workers (1) causes comnierce tnd the

officer or agent of ssuucchh labor organization. (eXI) Except as provided In paragraphs (2) and (.0),

i nels and instrumentalities of comnierce to be used

to spread and perpetuate such labor conditions among

the workers of.the several States; (2) burdens commerce

and the free flow Of goods, in commerce; (3) constitutes,

an unfair method. of competition in commerce; (4) lea*

to labor disputes burdening. and obStructing cornmercC.

and the free. flow of goods in:commelce; and (5) i.nter-

fereZ wirli

corns

the rhe

orderly. and fair marketing Congress 'further finds that

of goods in the emPloy-

ment of persons in domestic servickfLiot useh;fds af-

fects commerce.

(b) It is hereby declared to be the policy of this Act, through the exercise by Congress of its power 1131egulate commerce among the several. States and with foreign nations, to correct and as rapidly as piacticable to eliminate the conditions above referred to in such industries without substantially. curtailing employinent or earning power.!

'die term "employee" means any individVal eMployed by

an' employer. .

0

(2) In the case Of. an individual employed.by a public

agency, such term means-- .

(A) any individual

the United States

employed

by

the

Government

of

,(1) as a civilian in the military Aepartments (as

t, &fined

of Nile 5, (hated States Code),'

(4) in y executive agency (as defined in section

1Q5 of sue tle),

gip' in any unit of the

,

.

legislative or judicial

branch of the Government which has positions in

the aimpetitive service,

(iv) in a nonappropriated fund instrumentality

under the jurisdiction of the Armed Forces, or to in the Library of Congress;

, (B) *m individual employed by the I.Inled 'States Postal Service or the Postal Rate Comm ssion; and (C) any individual employed 'by a S te, 'jkolitical

,.

subdivision of a Stag or an interstateflovern*ental

.Definitions

agency, other than such an individual

Sad. 3. As used, in this Act

As stirded by section 2 of the Fair Labor StaldardsAmendments of 1949

"Ar amended by section Mal of the Fair Labor Standards Amendment. of 1949.

." SoicnartartrnhPideepbarollriarlcdiesvtsftisecAsgraeremlnensdtecuenintbeodcdtmreiinvweoinssfeutirssoecunohsbfptssh1eeeec9ncri6ttefie8ioonc,fnac,wle(elrhym)eeonpxflCoctlyhiuleabddtgedl(sa1ewfcritlnriiaoteiunthe,tonhosderpei(dAt2a1cci,oeiisvnneacirtboaievtgaeeotriptoaoengr",eaeotumironbpnticlloohytfoheo&eelsrFraoeaiffliewrarLraSeyatdabottoeorr

Sec. 3(e) f 21f OW

2

(I) who is not subject to ttie civil service laws of the Stale, political subdivision, or agency which

'employs him; and (ii) who (I) holds a public elective office of that State, political subdivision, or agency, (11)1a selected by the holder ofsuch an office to be a member of his personal staff,

(III) is appointed by such an officeholder to

any State; and for the purposes of this Act an employee 'shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any closely related process or occupation directly essential to the production thereof, in any State.'

(k) "Sale" or "sell" includes any sale, exchange, contract to sell, 'consignment for sale, shipment for sale, or

serve on a policymaking level, or

(IV) who` is an immediate adviser to such an

officeholder with respect to the constitutional or

(3)

legal powers of his office For' purposeeof subsection

(u),

such

term

does

not

include any individual employed by an employee en-

gaged in afirieulture if such individual Is the parent,

spouse, child, or other member of the emplanes imme-

diate family.,

(f) "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 horticul-

,tural commodities (including commodities defined is

agricultural commodities l 'ion 15(g) of the Agricul-

tural Marketing Act, 'as- ended), the raising of live-

stock,- .beea, fur-beaang animals, or poultry, and any

practice

.ations)

(including any performed by a,

forestry or lumbering farmer or on a farm

operas an

incident to, or in conjunction with such farming. oper-

ations, including preparation for market, delivery to

storage or to market or to carri ers for transportation to

market. (g) "Employ"

includes

to

stiffer

or

permit

to

Work.

(h) "Industry" means arade; busineas, industry, or

other actiefity, or branch or group thereof, in wAich

individuals tre gainfully employed.

(0 "Goods" means goods (including ships and marine

equipient), wares, products, commodities, merohari.

dise, or articles or subjects of commerce of aiycharac-

ter, or any 'part or ingredient thereof, but doei not,

include goods after their delivery into the actual physi-'

cal possession of the ultimate consumer thereof other

than a producer, manufacturer, or processof thereof.

(j) "Produced" mined, handled or

means in any

produced, manufactured, other manner-worked on in

other disposition.

(I) "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 and eighteen years or detrimental

the ages

to their

of sixteen

health or

well-being) in any occupation,/ or (2) any employee

between the ployed by an

gee of sixteen an4 eighteen years is ployer in any Occupation which

emthe

Secretary of La shall find and by order declare to

.dbreepna, rbteictwuleaernlysuhcahzaargdeosuosrfodrettrhierheemntpallotyomthenetirohf ecahlitlhor well-being; but oppressive child labor shall not be deenied to exist by virtue of the employment in any occupation of any person with respect to whom the '

. employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor 9 certifying that such person is above the oppressi, child labOr age. The Secretary of Labor 10

shall provide by regulation or by order that the employ-

ment of employees between, the ages of fourteen and sixteert Years in occupations other than manufacturing

and miiningshall not be 'deemed to constitute oppress

sive child laborif and to the eitent that the Secretary of Labor 1/ determines that such employment is confined to iperiods which will dot interfere with their. schoolingLand to conditions- which will not interfere/

with their health and well-being. .* (m) "Wage" paid to any employee includes the ma-

sonable cost, as determined by the Secretary of Labor,"

to the employer of furnishing such employee with

*Similar language war added to the Act by the Fair L;boi. Standar* Amendments of 1966. Those ablendefienta also escluded from the definition of employee "shy individualkshe is employed by an employer engaged in sericulture if such individual (A) in esteployed as bond harvest laborer and I paid on a plate meta basis in an operation which hoe been. and is customarily and generally recognised as Ilamigag bean, paid on a plane rate basis in the region of employment: (B) centennial daily from his.pennanent residence to the farm on 'Which he is ea eelPiered. and (C) has been employed in agriculture km than thirteen weeks during the preceding calendar year. These individuals as now included.

Aamencled by section 9(b) of the Fair Labor StandardsAmeedinente.of 1949.

As amended by Reorganisation

sPulcatnioNno9.(2c)ooff1th9e46FapirroLvaidbeodr SthtaantdtharedsfuAnmcteionndsmoefnttsheofC1h9i4ld9r.en's

Bureau

and of the Chief of the Children's Bureau under the Act as originally enacted be transferred

to the Secretary of Labor. Ibid.

to mid.

" "

Ibid. As amende96

ReOrganisstion

Kan

No.

6

of

1960.

sat

out

under

section

4).).

a

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