Minimum wage and maximum hour requirements
The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to—
any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), 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 subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or
[Pub. L. 101–157], § 3(c)(1), Nov. 17, 1989, [103 Stat. 939].
any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities (other than, in the case of the exemption from section 206 of this title
, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a 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; or
[Pub. L. 101–157], § 3(c)(1), Nov. 17, 1989, [103 Stat. 939].
any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; or
any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his employer’s immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock; or
any employee to the extent that such employee is exempted by regulations, order, or certificate of the Secretary issued under section 214 of this title
any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto; or
[Pub. L. 93–259], § 23(a)(1), Apr. 8, 1974, [88 Stat. 69].
any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or
[Pub. L. 93–259], § 10(a), Apr. 8, 1974, [88 Stat. 63].
any employee employed as a seaman on a vessel other than an American vessel; or
, (14) Repealed.
[Pub. L. 93–259], §§ 9(b)(1), 23(b)(1), Apr. 8, 1974, [88 Stat. 63], 69.
any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary); or
any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is—
the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and
who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour; or
any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league’s championship season (but not spring training or the off season) at a rate that is not less than a weekly salary equal to the minimum wage under section 206(a) of this title
for a workweek of 40 hours, irrespective of the number of hours the employee devotes to baseball related activities.
Maximum hour requirements
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
any employee of an employer engaged in the operation of a rail carrier subject to part A of subtitle IV of title 49; or
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
[Pub. L. 93–259], § 11(c), Apr. 8, 1974, [88 Stat. 64].
any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or
any employee employed as a seaman; or
[Pub. L. 93–259], § 21(b)(3), Apr. 8, 1974, [88 Stat. 68].
[Pub. L. 95–151], § 14(b), Nov. 1, 1977, [91 Stat. 1252].
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
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
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
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
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
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
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
any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; or
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
any driver employed by an employer engaged in the business of operating taxicabs; or
, (19) Repealed.
[Pub. L. 93–259], §§ 15(c), 16(b), Apr. 8, 1974, [88 Stat. 65].
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
any employee who is employed in domestic service in a household and who resides in such household; or
[Pub. L. 95–151], § 5, Nov. 1, 1977, [91 Stat. 1249].
[Pub. L. 93–259], § 10(b)(3), Apr. 8, 1974, [88 Stat. 64].
any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children—
who are orphans or one of whose natural parents is deceased, or
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
, (26) Repealed.
[Pub. L. 95–151], §§ 6(a), 7(a), Nov. 1, 1977, [91 Stat. 1249], 1250.
any employee employed by an establishment which is a motion picture theater; or
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;
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
[June 25, 1938, ch. 676], § 13, [52 Stat. 1067]; [Aug. 9, 1939, ch. 605], [53 Stat. 1266]; [Oct. 26, 1949, ch. 736], § 11, [63 Stat. 917]; [Aug. 8, 1956, ch. 1035], § 3, [70 Stat. 1118]; [Pub. L. 85–231], § 1(1), Aug. 30, 1957, [71 Stat. 514]; [Pub. L. 86–624], § 21(b), July 12, 1960, [74 Stat. 417]; [Pub. L. 87–30], §§ 9, 10, May 5, 1961, [75 Stat. 71], 74; [Pub. L. 89–601, title II], §§ 201–204(a), (b), 205–212(a), 213, 214, 215(b), (c), Sept. 23, 1966, [80 Stat. 833–838]; [Pub. L. 89–670], § 8(e), Oct. 15, 1966, [80 Stat. 943]; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, [84 Stat. 2085]; [Pub. L. 92–318, title IX], § 906(b)(1), June 23, 1972, [86 Stat. 375]; [Pub. L. 93–259], §§ 6(c)(2), 7(b)(3), (4), 8, 9(b), 10, 11, 12(a), 13(a)–(d), 14–18, 20(a)–(c), 21(b), 22, 23, 25(b), Apr. 8, 1974, [88 Stat. 61–69], 72; [Pub. L. 95–151], §§ 4–8, 9(d), 11, 14, Nov. 1, 1977, [91 Stat. 1249], 1250–1252; [Pub. L. 96–70, title I], § 1225(a), Sept. 27, 1979, [93 Stat. 468]; [Pub. L. 101–157], § 3(c), Nov. 17, 1989, [103 Stat. 939]; [Pub. L. 103–329, title VI], § 633(d), Sept. 30, 1994, [108 Stat. 2428]; [Pub. L. 104–88, title III], § 340, Dec. 29, 1995, [109 Stat. 955]; [Pub. L. 104–174], § 1, Aug. 6, 1996, [110 Stat. 1553]; [Pub. L. 104–188], [title II], § 2105(a), Aug. 20, 1996, [110 Stat. 1929]; [Pub. L. 105–78, title I], § 105, Nov. 13, 1997, [111 Stat. 1477]; [Pub. L. 105–334], § 2(a), Oct. 31, 1998, [112 Stat. 3137]; [Pub. L. 108–199, div. E, title I], § 108, Jan. 23, 2004, [118 Stat. 236]; [Pub. L. 113–277], § 2(g)(2), Dec. 18, 2014, [128 Stat. 3005]; [Pub. L. 115–141, div. S, title II], § 201(a), Mar. 23, 2018, [132 Stat. 1126].)