29 U.S.C. 213: Exemptions

2018

• Pub. L. 115–141 added par. (19). (Consolidated Appropriations Act, 2018) Law text · (a)

2014

• Pub. L. 113–277 added par. (18). (Border Patrol Agent Pay Reform Act of 2014) Law text · (a)

2004

• Pub. L. 108–199 added par. (7). (Consolidated Appropriations Act, 2004) Law text · (c)

1998

• Pub. L. 105–334 added par. (6). Law text · (c)

1997

• Pub. L. 105–78 substituted "water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year" for "water for agricultural purposes". (Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998) Law text · (b)

1996

• Pub. L. 104–188 added par. (17). (Small Business Job Protection Act of 1996) Law text · (a)
• Pub. L. 104–174 added par. (5). Law text · (c)

1995

• Pub. L. 104–88 substituted "rail carrier subject to part A of subtitle IV of title 49" for "common carrier by rail and subject to the provisions of part I of the Interstate Commerce Act". (ICC Termination Act of 1995) Law text · (b)

1994

• Pub. L. 103–329, §633(d)(1), added par. (16). · (a)
• Pub. L. 103–329, §633(d)(2), added par. (30). · (b)

1989

• Pub. L. 101–157, §3(c)(1), struck out par. (2) which related to employees employed by a retail or service establishment. · (a)
• Pub. L. 101–157, §3(c)(1), struck out par. (4) which related to employees employed by an establishment which qualified as an exempt retail establishment under clause (2) of this subsection and was recognized as a retail establishment in the particular industry notwithstanding that s… · (a)
• Pub. L. 101–157, §3(c)(2), substituted "provided by paragraph (6) of subsection (a)" for "provided by paragraphs (2) and (6) of subsection (a)" and struck out before period at end ", except that the exemption from section 206 of this title provided by paragraph (2) of subsection (a) of… · (g)

1979

• Pub. L. 96–70 struck out "; and the Canal Zone" after "Johnston Island". · (f)

1977

• Pub. L. 95–151, §9(d), substituted "section 203(s)(5)" for "section 203(s)(4)". · (a)
• Pub. L. 95–151, §§4(a), 11, inserted "organized camp, or religious or non-profit educational conference center," after "recreational establishment,", and inserted provisions relating to applicability of exemption from sections 206 and 207 of this title authorized by this paragraph f… · (a)
• Pub. L. 95–151, §14(a), substituted "forty-four" for "forty-six". · (b)
• Pub. L. 95–151, §14(b), struck out par. (8) which related to exemption of hotel, motel, and restaurant employees, effective Jan. 1, 1979. · (b)
• Pub. L. 95–151, §5, struck out par. (22) which related to exemption of shade-grown tobacco employees. · (b)
• Pub. L. 95–151, §6(a), struck out par. (25) which related to exemption of cotton ginning employees. See subsec. (i) of this section. · (b)
• Pub. L. 95–151, §7(a), struck out par. (26) which related to exemption of sugar employees. See subsec. (j) of this section. · (b)
• Pub. L. 95–151, §4(b), added par. (29). · (b)
• Pub. L. 95–151, §8, in par. (1) inserted reference to par. (4), and added par. (4). · (c)
• Pub. L. 95–151, §6(b), added subsec. (i). · (i)
• Pub. L. 95–151, §7(b), added subsec. (j). · (j)

1974

• Pub. L. 93–259, §8(a), substituted "$225,000" for "$250,000" effective Jan. 1, 1975, Pub. L. 93–259, §8(b), substituted "$200,000" for "$225,000" effective Jan. 1, 1976. Pub. L. 93–259, §8(c), struck out "or such establishment has an annual dollar volume of sales which is less than … · (a)
• Pub. L. 93–259, §23(a)(1), repealed exemption provision respecting any employee employed by an establishment which is a motion picture theater. See subsec. (b)(27) of this section. · (a)
• Pub. L. 93–259, §10(a), repealed exemption provision respecting any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under former par. (2) of subsec. (a) with respect to whom provisions of sections 206 and 207 … · (a)
• Pub. L. 93–259, §23(b)(1), repealed exemption provision respecting any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to mill, processing plant, railroad, or other transportatio… · (a)
• Pub. L. 93–259, §9(b)(1), repealed exemption provision respecting any agricultural employee employed in the growing and harvesting of shade-grown tobacco who is engaged in processing (including, but not limited to, drying, curing, fermenting, bulking, rebulking, sorting, grading, a… · (a)
• Pub. L. 93–259, §7(b)(3), added par. (15). · (a)
• Pub. L. 93–259, §23(c), amended par. (2) (insofar as it relates to pipeline employees), inserting "engaged in the operation of a common carrier by rail and" after "employer". · (b)
• Pub. L. 93–259, §11(a), effective May 1, 1974, inserted "who is" after "employee" and ", and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed" before the se… · (b)
• Pub. L. 93–259, §21(b)(1), substituted "(regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), if such employee receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than … · (b)
• Pub. L. 93–259, §§12(a), 13(a), effective May 1, 1974, insofar as relating to nursing home employees, struck out exemption provision respecting any employee who is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick,… · (b)
• Pub. L. 93–259, §14, incorporated existing paragraph in provisions designated as subpar. (A), struck out from the list references to trailers and aircraft, inserted reference to implements, and added subpar. (B) incorporating references to trailers and aircraft. · (b)
• Pub. L. 93–259, §20(a), struck out exemption provision respecting any employee engaged in ginning of cotton for market, in any place of employment located in a county where cotton is grown in commercial quantities or in the processing of sugar beets, sugar-beet molasses, and sugarc… · (b)
• Pub. L. 93–259, §15(a), effective May 1, 1974, inserted "and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed." Pub. L. 93–259, §15(b), effective one year … · (b)
• Pub. L. 93–259, §16(a), effective one year after May 1, 1974, substituted "forty-four hours" for "forty-eight hours". Pub. L. 93–259, §16(b), repealed par. (19), effective two years after May 1, 1974. · (b)
• Pub. L. 93–259, §6(c)(2)(A), added par. (20) effective May 1, 1974. Pub. L. 93–259, §6(c)(2)(B), effective Jan. 1, 1975, made maximum hours provisions inapplicable during any workweek to any employee of a public agency employing during the workweek less than 5 employees. · (b)
• Pub. L. 93–259, §7(b)(4), added par. (21). · (b)
• Pub. L. 93–259, §9(b)(2), added par. (22). · (b)
• Pub. L. 93–259, §10(b)(1), added par. (23), effective May 1, 1974. Pub. L. 93–259, §10(b)(2), substituted "forty-four hours" for "forty-eight hours" effective one year after May 1, 1974. Pub. L. 93–259, §10(b)(3), repealed par. (23) effective two years after May 1, 1974. · (b)
• Pub. L. 93–259, §17, added par. (24). · (b)
• Pub. L. 93–259, §20(b)(1), added par. (25) effective May 1, 1974. Pub. L. 93–259, §20(b)(2), effective Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar. (A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours in any workweek for not more than two workwee… · (b)
• Pub. L. 93–259, §20(c)(1), added par. (26) effective May 1, 1974. Pub. L. 93–259, §20(c)(2), effective Jan. 1, 1975, substituted "sixty-six" for "seventy-two" in subpar. (A), "sixty" for "sixty-four" in subpar. (B), and "forty-six hours in any workweek for not more than two workwee… · (b)
• Pub. L. 93–259, §23(a)(2), added par. (27). · (b)
• Pub. L. 93–259, §23(b)(2), added par. (28). · (b)
• Pub. L. 93–259, §25(b), amended par. (1) generally, striking out "with respect" after "shall not apply", inserting ", if such employee—", and adding subpars. (A) to (C). · (c)
• Pub. L. 93–259, §18, added subsec. (g). · (g)
• Pub. L. 93–259, §22, added subsec. (h). · (h)

1972

• Pub. L. 92–318 inserted "(except subsection (d) in the case of paragraph (1) of this subsection)" after introductory text "sections 206". · (a)

1966

• Pub. L. 89–601, §214, inserted "(including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)" after "professional capacity". · (a)
• Pub. L. 89–601, §201(a), revised the retail or service establishment exemption so as to exempt employees of a retail or service establishment (other than an establishment or employee engaged in laundering or drycleaning or an establishment engaged in the operation of a hospital, sch… · (a)
• Pub. L. 89–601, §§201(b)(2), 202, repealed par. (3) relating to employees of laundry, cleaning, and fabric or clothing repair establishments doing more than 50 per centum of their annual dollar volume of business within the state in which the establishment is located and enacted a n… · (a)
• Pub. L. 89–601, §203(a), limited the provisions exempting agricultural employees from application of sections 206 and 207 of this title by narrowing the class of exempted agricultural employees to include only an employee employed by an employer who did not, during any calendar quar… · (a)
• Pub. L. 89–601, §215(c), extended coverage to include employees exempted by a certificate of the Secretary. · (a)
• Pub. L. 89–601, §205, substituted "where published" for "where printed and published". · (a)
• Pub. L. 89–601, §§206(a), 207, repealed par. (9) relating to employees of street, suburban, or interurban electric railways, or local trolleys or motor bus carriers not in a section 203(s) enterprise and enacted a new par. (9) relating to employees employed by motion picture theater… · (a)
• Pub. L. 89–601, §§204(a), 215(b)(1), repealed par. (10) relating to employees engaged in handling and processing of agricultural, horticultural, and dairy products and redesignated par. (11) as (10). See section 207(d) of this title. · (a)
• Pub. L. 89–601, §215(b)(1), redesignated par. (13) as (11). Former par. (11) redesignated (10). · (a)
• Pub. L. 89–601, §§206(b)(1), 215(b)(1), repealed par. (12) relating to employees of employers engaged in the business of operating taxicabs and redesignated par. (14) as (12). See subsec. (b)(17) of this section. · (a)
• Pub. L. 89–601, §§208, 215(b)(1), redesignated par. (15) as (13) and substituted "eight" for "twelve". Former par. (13) redesignated (11). · (a)
• Pub. L. 89–601, §215(b), redesignated par. (21) as (14) and substituted a period for "; or" at end. Former par. (14) redesignated (12). · (a)
• Pub. L. 89–601, §215(b)(1), redesignated par. (15) as (13). · (a)
• Pub. L. 89–601, §203(b), repealed par. (16) relating to agricultural employees employed in livestock auctions. See subsec. (b)(13) of this section. · (a)
• Pub. L. 89–601, §204(a), repealed par. (17) relating to country elevator operators. See subsec. (b)(14) of this section. · (a)
• Pub. L. 89–601, §204(a), repealed par. (18) relating to cotton ginning employees. See subsec. (b)(15) of this section. · (a)
• Pub. L. 89–601, §209(a), repealed par. (19) relating to employees of retail and service establishments that are primarily engaged in the business of selling automobiles, trucks, or farm implements. See subsec. (b)(10) of this section. · (a)
• Pub. L. 89–601, §210(a), repealed par. (20) relating to employees of food retail or service establishments. See subsec. (b)(18) of this section. · (a)
• Pub. L. 89–601, §215(b)(1), redesignated par. (21) as (14). · (a)
• Pub. L. 89–601, §204(a), repealed par. (22) relating to fruit and vegetable transportation employees. See subsec. (b)(16) of this section. · (a)
• Pub. L. 89–670 substituted "Secretary of Transportation" for "Interstate Commerce Commission". · (b)
• Pub. L. 89–601, §206(c), narrowed the scope of the exemption from any employee of the covered transportation companies to drivers, operators, and conductors only and narrowed the range of covered transportation companies from any street, suburban, or interurban electric railway, or … · (b)
• Pub. L. 89–601, §§201(b)(1), 211, repealed par. (8) which named employees of gasoline service stations as a group to which section 207 of this title shall not apply and enacted a new par. (8) providing that section 207 of this title shall not apply with respect to hotel, motel, or r… · (b)
• Pub. L. 89–601, §§209(b), 212(a), repealed par. (10) which granted an unlimited overtime exemption relating to petroleum distribution employees and enacted a new par. (10) relating to salesmen, partsmen, or mechanics primarily engaged in selling or servicing automobiles, trailers, … · (b)
• Pub. L. 89–601, §§203(c)(B), 204(b), 206(b)(2), 210(b), added pars. (12) to (19). · (b)
• Pub. L. 89–601, §203(d), inserted provision making section 212 of this title relating to child labor applicable to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employmen… · (c)
• Pub. L. 89–601, §213, inserted reference to Eniwetok Atoll, Kwajalein Atoll, and Johnston Island. · (f)

1961

• Pub. L. 87–30, §9, substituted "any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to, the provisions of … · (a)
• Pub. L. 87–30, §9, inserted conditional provision, including subclauses (i) to (iv). · (a)
• Pub. L. 87–30, §9, inserted "propagating" and "or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations" after "taking" and "life", respectively, and substituted "loading and unloading when performe… · (a)
• Pub. L. 87–30, §9, substituted "Secretary" for "Administrator". · (a)
• Pub. L. 87–30, §9, substituted "not in an enterprise described in section 203(s)(2) of this title" for "not included in other exemptions contained in this section.". · (a)
• Pub. L. 87–30, §9, substituted "Secretary" for "Administrator" and struck out "ginning" after "storing". · (a)
• Pub. L. 87–30, §9, substituted "by an independently owned public telephone company" for "in a public telephone exchange". · (a)
• Pub. L. 87–30, §9, substituted "which qualifies as an exempt retail or service establishment under clause (2) of this subsection" for "as defined in clause (2) of this subsection". · (a)
• Pub. L. 87–30, §9, inserted "on a vessel other than an American vessel". · (a)
• Pub. L. 87–30, §9, added pars. (16) to (22). · (a)
• Pub. L. 87–30, §9, extended exemption to any employee in the processing, marketing, freezing, curing, storing, packing for shipment, or distributing of aquatic forms of life, formerly contained in subsec. (a)(5) of this section. · (b)
• Pub. L. 87–30, §9, added pars. (6) to (11). · (b)
• Pub. L. 87–30, §10, extended the nonapplicability of sections 206, 207, and 212 of this title to any homeworker engaged in the making of evergreen wreaths. · (d)

1960

• Pub. L. 86–624 struck out "Alaska; Hawaii;" before "Puerto Rico". · (f)

1957

• Pub. L. 85–231 added subsec. (f). · (f)