Where is flsa codified

The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political bargaining calculus.

It also discusses the normative approaches to fairness in wages - that is, conceptions of fairness - offered to remedy the ill effects of employers' superior bargaining power in the labor market and how they rose and fell with the changing political environment. In particular, the article discusses how the "Fairness is a Living Wage" conception "Absolute Fairness" would have required employers to pay each worker at least a wage sufficient to support a family while "Fairness is Equality of Bargaining Power" "Bargaining Fairness" would have imposed the procedural remedy of "public bargaining" over wages and hours in hopes that subsistence wages would result.

A vigorous Spencerist majority on the Supreme Court used its own conception of fairness in wages, "Fairness is the Economic Hierarchy" "Hierarchic Fairness" , to block state laws codifying the conception of Bargaining Fairness and preserve the economic status quo. The article also introduces the conception that "Fairness is Fair Competition" "Competitive Fairness" which would prohibit some low wages and excessive hours as a means to fairness between employers, not as a means to fairness for workers.

The FLSA codified this conception of Competitive Fairness and thereby offered a second answer to the question of how a statute that benefits politically disempowered people became law. If he determines such increased unemployment has in fact resulted, or is in fact likely to result, from such competition, he shall make a full and complete report of his findings and determinations to the President and to the Congress: Provided , That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report.

The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary's functions under this chapter with respect to such individuals. Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States other than an individual employed in the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority.

Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages under section b of this title. The effective date of the Fair Labor Standards Amendments of , referred to in subsec. See section of Title 5 , Government Organization and Employees. Acts Oct. For termination, effective May 15, , of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No.

Functions relating to enforcement and administration of equal pay provisions vested by subsecs. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act now covered by sections et seq. Section, acts June 25, , ch. See section of Pub. Repeal effective 60 days after May 25, , see section c 2 of Pub.

Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates:. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.

The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating minimum piece rates; to prescribe standards for employer piece rates, including the proportion or class of employees who shall receive not less than the minimum hourly wage rate; to define the term "home worker"; and to prescribe the conditions under which employers, agents, contractors, and subcontractors shall cause goods to be produced by home workers;.

Every employer shall pay to each of his employees other than an employee to whom subsection a 5 1 applies who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this section by the amendments made to this chapter by the Fair Labor Standards Amendments of , title IX of the Education Amendments of [ 20 U.

Notwithstanding the time period designated, such wage shall not continue in effect after such Board terminates in accordance with section of title Subsection a 5 , referred to in subsec. The Fair Labor Standards Amendments of , referred to in subsec. For complete classification of this Act to the Code, see Short Title of Amendment note set out under section of this title and Tables. The Education Amendments of , referred to in subsec. The Social Security Act, referred to in subsec.

For complete classification of this Act to the Code, see section of Title 42 and Tables. Prior to amendment, par. The minimum wage rate thus established shall not exceed the rate prescribed in paragraph 1 of this subsection;". Each such committee shall have the same powers and duties and shall apply the same standards with respect to the application of the provisions of this chapter to employees employed in American Samoa as pertain to special industry committees established under section of this title with respect to employees employed in Puerto Rico or the Virgin Islands".

B , and substituted "subsection a 1 " for "subsections a and b ". Former par. Such rate or rates shall become effective sixty days after the effective date of the Fair Labor Standards Amendments of or one year from the effective date of the most recent wage order applicable to such employee therefore issued by the Secretary pursuant to the recommendations of a special industry committee appointed under section of this title , whichever is later.

Any such application with respect to any rate or rates provided for under paragraph A shall be filed within sixty days following the enactment of the Fair Labor Standards Amendments of and any such application with respect to any rate or rates provided for under paragraph B shall be filed not more than one hundred and twenty days and not less than sixty days prior to the effective date of the applicable rate or rates under paragraph B.

The Secretary shall promptly consider such application and may appoint a review committee if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance with any applicable rate or rates prescribed by paragraph A or B will substantially curtail employment in such industry.

The Secretary's decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee appointed under this paragraph shall take effect on the applicable effective date provided in paragraph A or B. The Secretary shall be empowered to enforce such undertaking and any sums recovered by him shall be held on a special deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected.

Any such sum not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. The rate or rates recommended by the special industry committee shall be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days after the effective date of the Fair Labor Standards Amendments of The appointment of a review committee shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to the provisions of subsection a of section of this title , except that no special industry committee shall hold any hearing within one year after a minimum wage rate or rates for such industry shall have been recommended to the Secretary by a review committee to be paid in lieu of the rate or rates provided for under paragraph A or B.

The minimum wage rate or rates prescribed by this subsection shall be in effect only for so long as and insofar as such minimum wage rate or rates have not been superseded by a wage order fixing a higher minimum wage rate or rates but not in excess of the applicable rate prescribed in subsection a or subsection b hereafter issued by the Secretary pursuant to the recommendation of a special industry committee.

Former subsec. Amendment by sections 2 to 4 and 7 b 1 of Pub. The Government Accountability Office shall submit a subsequent report not later than April 1, In the event that the inclusion of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands in such surveys and data compilations requires time to structure and implement, the Bureau of the Census shall in the interim annually report the best available data that can feasibly be secured with respect to such territories.

Such interim report shall describe the steps the Bureau will take to improve future data collection in the territories to achieve comparability with the data collected in the United States. The Bureau of the Census, together with the Department of the Interior, shall coordinate their efforts to achieve such improvements. The Secretary shall provide to employers the text of the notice to be provided under this subsection.

Sections 16 and 17 of such Act 29 U. An employer's good faith reliance on the proof presented to the employer by an individual shall constitute a complete defense to a charge that the employer has violated subsection b 2 with respect to such individual.

Such regulations shall establish minimal requirements for requisite proof and may prescribe that an accurate list of the individual's employers and a statement of the dates and duration of employment with each employer constitute requisite proof. The Secretary shall make available to the public upon request notices provided to the Secretary by employers in accordance with paragraph 6. The report shall include—. Certain public agencies not to be liable for violations of this section occurring before Apr.

Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. The term "Administrator" as meaning the Administrator of the Wage and Hour Division, see section of this title. Functions relating to enforcement and administration of equal pay provisions vested by this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg.

A for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of ,. B for a workweek longer than forty-two hours during the second year from such date, or. C for a workweek longer than forty hours after the expiration of the second year from such date,. No employer shall be deemed to have violated subsection a by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed—.

B more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and. C not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale,. As used in this section the "regular rate" at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee, but shall not be deemed to include—.

A grants are made pursuant to a program, the terms and conditions of which are communicated to participating employees either at the beginning of the employee's participation in the program or at the time of the grant;. B in the case of stock options and stock appreciation rights, the grant or right cannot be exercisable for a period of at least 6 months after the time of grant except that grants or rights may become exercisable because of an employee's death, disability, retirement, or a change in corporate ownership, or other circumstances permitted by regulation , and the exercise price is at least 85 percent of the fair market value of the stock at the time of grant;.

D any determinations regarding the award of, and the amount of, employer-provided grants or rights that are based on performance are—. 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 subsection a if such employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees, if the duties of such employee necessitate irregular hours of work, and the contract or agreement 1 specifies a regular rate of pay of not less than the minimum hourly rate provided in subsection a or b of section of this title whichever may be applicable and compensation at not less than one and one-half times such rate for all hours worked in excess of such maximum workweek, and 2 provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified.

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 such subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection—.

No employer shall be deemed to have violated subsection a by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if 1 the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section of this title , and 2 more than half his compensation for a representative period not less than one month represents commissions on goods or services.

In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.

No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection a if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed.

No public agency shall be deemed to have violated subsection a with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities including security personnel in correctional institutions if—.

No employer shall employ any employee in domestic service in one or more households for a workweek longer than forty hours unless such employee receives compensation for such employment in accordance with subsection a. For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection a without paying the compensation for overtime employment prescribed in such subsection, if such employee—.

A to provide services including stripping and grading necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 as such types are defined by the Secretary of Agriculture , or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco,.

B in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 as such type is defined by the Secretary of Agriculture , or. C in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 as such types are defined by the Secretary of Agriculture ; and.

A such employment by such employer which is in excess of ten hours in any workday, and. B such employment by such employer which is in excess of forty-eight hours in any workweek,.

An employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section. In the case of an employee of an employer engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit , in determining the hours of employment of such an employee to which the rate prescribed by subsection a applies there shall be excluded the hours such employee was employed in charter activities by such employer if 1 the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and 2 if employment in such activities is not part of such employee's regular employment.

B if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph 3. In the case of employees described in clause A ii hired prior to April 15, , the regular practice in effect on April 15, , with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding under such clause A ii.

Except as provided in the previous sentence, the provision of compensatory time off to such employees for hours worked after April 14, , shall be in accordance with this subsection. If such work was any other work, the employee engaged in such work may accrue not more than hours of compensatory time for hours worked after April 15, Any such employee who, after April 15, , has accrued or hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation.

B If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. A the average regular rate received by such employee during the last 3 years of the employee's employment, or.

A who has accrued compensatory time off authorized to be provided under paragraph 1 , and. A such employee is paid at a per-page rate which is not less than—. B the hours spent performing such duties are outside of the hours such employee performs other work including hours for which the agency requires the employee's attendance pursuant to the employment relationship with such public agency.

For purposes of this section, the amount paid such employee in accordance with subparagraph A for the performance of court reporting transcript preparation duties, shall not be considered in the calculation of the regular rate at which such employee is employed. A the term "overtime compensation" means the compensation required by subsection a , and.

B the terms "compensatory time" and "compensatory time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. A requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent employer to perform the special detail,.

B facilitates the employment of such employees by a separate and independent employer, or. C otherwise affects the condition of employment of such employees by a separate and independent employer. Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection a without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is—.

A a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk; and. B a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. Section 6 c 3 of the Fair Labor Standards Amendments of , referred to in subsec. By virtue of the authority vested in me by the Constitution and statutes as President of the United States it is ordered that Executive Order of February 9, [8 F.

Probably should not be capitalized. The comma probably should be preceded by a closing parenthesis. Probably should be followed by a period. For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 relating to the attendance of witnesses and the production of books, papers, and documents , are made applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees.

See Transfer of Functions note set out under section of this title. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record of the industry committee upon which the order complained of was entered, as provided in section of title Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify including provision for the payment of an appropriate minimum wage rate , or set aside such order in whole or in part, so far as it is applicable to the petitioner.

The review by the court shall be limited to questions of law, and findings of fact by such industry committee when supported by substantial evidence shall be conclusive. No objection to the order of the Secretary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reasonable grounds for failure so to do.

If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to adduce such evidence in the proceedings before such industry committee, the court may order such additional evidence to be taken before an industry committee and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper.

Such industry committee may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be conclusive, and shall also file its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section of title The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensation such employees are entitled to receive under the order exceeds the compensation they actually receive while such stay is in effect.

Imprisonment up to six 6 months for each offense may be imposed only upon a second or subsequent conviction for an offense under the Act. Section b of Title 29 provides for an employer's civil liability for violations of 29 U. Broad injunctive relief to curtail any practice which would constitute a violation of section or to obtain remedial action is available under Section of Title 29, United States Code.

Where an employer consistently violates a decree or consent judgment, or where the FLSA violations are sufficiently aggravated, criminal sanctions can be pursued under 18 U.