tive on the first day of the second and each subsequent year after such date, was struck out.

Subsec. (c)(3). Pub. L. 95-151, § 2(d)(1), (2)(B), (C), redesignated former par. (5) as (3) and, as so redesignated, substituted references to subsec. (a)(1) of this section, for references to subsec. (a) or (b) of this section. Former par. (3), relating to appointment of a special industry committee for recommendations with respect to highest minimum wage rates for employees employed in Puerto Rico or the Virgin Islands subject to the amendments to this chapter by the Fair Labor Standards Amendments of 1974, was struck out,

Subsec. (c)(4). Pub. L. 95-151, § 2(d)(1), (2)(B), (D), redesignated former par. (6) as (4) and, as so redesignated, struck out "or (3)" following "(2)". Former par. (4), relating to wage rates of employees in Puerto Rico or the Virgin Islands subject to the former provisions of subsec. (c)(2)(A) or (3) of this section, was struck out.

Subsec. (c)(5), (6). Pub. L. 95-151, § 2(d)(2)(B), redesignated former pars. (5) and (6) as (3) and (4), respectively.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective on Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as an Effective Date of 1977 Amendment note under section 203 of this title.

TRANSFER OF FUNCTIONS

All functions relating to enforcement and administration of equal pay provisions vested by this section in the Secretary of Labor and the Administrator of the Wage and Hour Division of the Department of Labor were transferred to the Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

INAPPLICABILITY TO NORTHERN MARIANA ISLANDS Pursuant to section 503(c) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands with the United States of America, as set forth in Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, set out as a note under section 1681 of Title 48, Territories and Insular Possessions, this section is inapplicable to the Northern Mariana Islands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 205, 207, 208, 213, 214, 215, 216, 218, 824, 826, 915, 917, 995 of this title; title 5 sections 2302, 5343, 5349, 7702; title 7 sections 2015, 2026; title 15 section 1673; title 18 section 3575; title 21 section 849; title 22 section 2506, 3905, 3967, 3968, 3969: title 26 section 3121; title 31 section 52-2; title 38 section 1685; title 41 section 351; title 42 sections 300e-9, 431, 2000e-2, 2753, 2930b, 3056, 8009, 9848.

§ 207. Maximum hours

determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or

(2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days,

compensation at a rate not less than one and one-half times the regular rate at which he is employed.

[See main edition for text of (1) to (n)] (As amended Apr. 8, 1974, Pub. L. 93-259, § 6(c)(1)(D), 88 Stat. 61.)

REFERENCES IN TEXT

Section 6(c)(3) of the Fair Labor Standards Amendments of 1974, referred to in subsec. (k)(1), is Pub. L. 93-259, § 6(c)(3), Apr. 8, 1974, 88 Stat. 61, which is set out as a note under section 213 of this title.

AMENDMENTS

1974-Subsec. (k). Pub. L. 93-259, § 6(c)(1)(D), substituted in par. (1) "exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975" for "exceed 216 hours" and inserted in par. (2) "(or if lower, the number of hours referred to in clause (B) of paragraph (1))”.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 6(c)(1) of Pub. L. 93-259 provided in part that amendment of subsec. (k) of this section by section 6(c)(1)(D) of Pub. L. 93-259 shall be effective Jan. 1, 1978.

§ 208. Wage rates in Puerto Rico and the Virgin Islands

(a) Congressional policy; recommendation of wage rate by industry committee

The policy of this chapter with respect to industries or enterprises in Puerto Rico and the Virgin Islands engaged in commerce or in the production of goods for commerce is to reach as rapidly as is economically feasible without substantially curtailing employment the objective of the minimum wage rate which would apply in each such industry under paragraph (1) or (5) of section 206(a) of this title but for section 206(c) of this title. The Secretary shall, from time to time, convene an industry committee or committees, appointed pursuant to section 205 of this title, and any such industry committee

(1) shall, from time to time, recommend the minimum wage rates to be paid by employers who are in Puerto Rico, in the Virgin Islands, or in both places and who but for section 206(c) of this title would be subject to the

minimum wage requirements of section 206(a)(1) of this title, and

(2) may, from time to time, recommend increases in the incremental increases authorized by section 206(c)(2) of this title.

The Administrator shall from time to time convene an industry committee or committees, appointed pursuant to section 205 of this title, and any such industry committee shall from time to time recommend the minimum rate or rates of wages to be paid under section 206 of this title by employers in Puerto Rico or the Virgin Islands, or in Puerto Rico and the Virgin Islands, engaged in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce in any such industry or classifications therein. Minimum rates of wages established in accordance with this section which are not equal to the otherwise applicable minimum wage rate in effect under paragraph (1) or (5) of section 206(a) of this title shall be reviewed by such a Committee once during each biennial period, beginning with the biennial period commencing July 1, 1958, except that the Secretary, in his discretion, may order an additional review during any such biennial period.

[See main edition for text of (b) to (] (As amended Nov. 1, 1977, Pub. L. 95-151, § 2(d)(3), 91 Stat. 1246.)

AMENDMENTS

1977-Subsec. (a). Pub. L. 95-151 added provisions relating to appointment of industry committees by the Secretary and functions of such industry committees.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-151 effective on Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as an Effective Date of 1977 Amendment note under section 203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 205, 206, 210 of this title.

§ 209. Attendance of witnesses

TRANSFER OF FUNCTIONS

All functions relating to enforcement and administration of equal pay provisions vested by this section in the Secretary of Labor and the Administration of the Wage and Hour Division of the Department of Labor were transferred to the Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

§ 211. Collection of data

TRANSFER OF FUNCTIONS

All functions relating to enforcement and administration of equal pay provisions vested by subsecs. (a), (b), and (c) of this section in the Secretary of Labor and the Administrator of the Wage and Hour Division of the Department of Labor were transferred to the Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as

provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

§ 213. Exemptions

(a) Minimum wage and maximum hour requirements The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and section 207 of this title shall not apply with respect to

[See main edition for text of (1)]

(2) any employee employed by any retail or service establishment (except an establishment or employee engaged in laundering, cleaning, or repairing clothing or fabrics or an establishment engaged in the operation of a hospital, institution, or school described in section 203(s)(5) of this title), if more than 50 per centum of such establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located, and such establishment is not in an enterprise described in section 203(s) of this title. A "retail or service establishment" shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry; or

(3) 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 33% 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

[See main edition for text of (4) to (15)] (b) Maximum hour requirements

The provisions of section 207 of this title shall not apply with respect to

[See main edition for text of (1) to (7)] (8) Repealed. Pub. L. 95-151, § 14(b), Nov. 1, 1977, 91 Stat. 1252.

[See main edition for text of (9) to (21)] (22) Repealed. Pub. L. 95-151, § 5, Nov. 1, 1977, 91 Stat. 1249.

[See main edition for text of (23) and (24)]

(25) Repealed. Pub. L. 95-151, § 6(a), Nov. 1, 1977, 91 Stat. 1249.

(26) Repealed. Pub. L. 95-151, § 7(a), Nov. 1, 1977, 91 Stat. 1250.

[See main edition for text of (27)]

(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; or

(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.

(c) Child labor requirements

(1) Except as provided in paragraph (2) or (4), the provisions of section 212 of this title relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee

[See main edition for text of (A) to (C), (2) and (3)]

(4)(A) An employer or group of employers may apply to the Secretary for a waiver of the application of section 212 of this title to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that

(i) the crop to be harvested is one with a particularly short harvesting season and the application of section 212 of this title would cause severe economic disruption in the industry of the employer or group of employers applying for the waiver;

(ii) the employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being;

(iii) the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply; (iv) individuals age twelve and above are not available for such employment; and

(v) the industry of such employer or group of employers has traditionally and substan

[See main edition for text of (d) and (e)] (f) Employment in foreign countries and certain United States territories

The provisions of sections 206, 207, 211, and 212 of this title shall not apply with respect to any employee whose services during the workweek are performed in a workplace within a foreign country or within territory under the jurisdiction of the United States other than the following: a State of the United States; the District of Columbia; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462) [43 U.S.C. 1331 et seq.]; American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island.

[See main edition for text of (g) and (h)] (i) Cotton ginning

The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who

(1) is engaged in the ginning of cotton for market in any place of employment located in a county where cotton is grown in commercial quantities; and

(2) receives for any such employment during such workweeks

(A) in excess of ten hours in any workday, and

(B) in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.

(j) Processing of sugar beets, sugar beet molasses, or sugar cane

The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate

in any period of fifty-two consecutive weeks to any employee who

(1) is engaged in the processing of sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup; and

(2) receives for any such employment during such workweeks

(A) in excess of ten hours in any workday, and

(B) in excess of forty-eight hours in any workweek,

compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.

(As amended Nov. 1, 1977, Pub. L. 95-151, §§ 4-8, 9(d), 11, 14, 91 Stat. 1249, 1250-1252; Sept. 27, 1979, Pub. L. 96-70, title I, § 1225(a), 93 Stat. 468.)

CODIFICATION

Section 304 of title 49, referred to in subsec. (b)(1), was repealed (except with respect to establishment of qualifications and maximum hours of service) by Pub. L. 95-473, section 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation.

Part I of the Interstate Commerce Act, referred to in subsec. (b)(2), which was classified to chapter 1 (§ 1 et seq.) of Title 49, was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. Part I is now covered by subchapter I (§ 10501 et seq.) of chapter 105 of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49.

AMENDMENTS

1979-Subsec. (f). Pub. L. 96-70 struck out "; and the Canal Zone" following "Johnston Island".

1977-Subsec. (a)(2). Pub. L. 95-151, § 9(d), substituted "section 203(s)(5)" for "section 203(s)(4)".

Subsec. (a)(3). Pub. L. 95-151, §§ 4(a), 11, added "organized camp, or religious or non-profit educational conference center," following "recreational establishment,", and added provisions relating to applicability of exemption from sections 206 and 207 of this title authorized by this paragraph for private employees in national parks, etc.

Subsec. (b)(8). Pub. L. 95-151, § 14(a), substituted "forty-four" for "forty-six".

Pub. L. 95-151, § 14(b), struck out par. (8), which related to exemption of hotel, motel, and restaurant employees, effective Jan. 1, 1979.

Subsec. (b)(22). Pub. L. 95-151, § 5, struck out par. (22) which related to exemption of shade-grown tobacco employees.

Subsec. (b)(25). Pub. L. 95-151, § 6(a), struck out par. (25) which related to exemption of cotton ginning employees. See subsec. (i) of this section.

Subsec. (b)(26). Pub. L. 95-151, § 7(a), struck out par. (26) which related to exemption of sugar employees. See subsec. (j) of this section.

Subsec. (b)(29). Pub. L. 95-151, § 4(b), added par. (29).

Subsec. (c). Pub. L. 95-151, § 8, in par. (1) added reference to par. (4), and added par. (4).

Subsec. (i). Pub. L. 95-151, § 6(b), added subsec. (i). Subsec. (j). Pub. L. 95-151, § 7(b), added subsec. (j).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effec

tive Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT Amendment of subsecs. (a)(2), (3), relating to camps, etc., and (c)(1) and (4) by Pub. L. 95-151 effective on Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as an Effective Date of 1977 Amendment note under section 203 of this title.

Amendment of subsecs. (a)(3), relating to private employees in national parks, etc., (b)(22), (25), (26), (29), (i) and (j) by Pub. L. 95-151 effective on Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as an Effective Date of 1977 Amendment note under section 203 of this title.

Section 14(a) of Pub. L. 95-151 provided in part that the amendment of subsec. (b)(8) of this section by section 14(a) of Pub. L. 95-151 is effective Jan. 1, 1978.

Section 14(b) of Pub. L. 95-151 provided in part that the repeal of subsec. (b)(8) of this section by section 14(b) of Pub. L. 95-151 is effective Jan. 1, 1979.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 206, 216, 218, 795 of this title; title 5 sections 5343, 5349; title 42 sections 300e-9, 3056, 8009.

§ 214. Employment under special certificates [See main edition for text of (a)]

(b) Students

[See main edition for text of (1) to (3)] (4) [See main edition for text of (A)] (B) If the issuance of a special certificate under paragraph (1) or (2) for an employer will cause the number of students employed by such employer under special certificates issued under this subsection to exceed six, the Secretary may not issue such a special certificate for the employment of a student by such employer unless the Secretary finds employment of such student will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection. If the issuance of a special certificate under paragraph (1) or (2) for an employer will not cause the number of students employed by such employer under special certificates issued under this subsection to exceed six

[See main edition for text of (i) and (ii)]

The requirement of this subparagraph shall not apply in the case of the issuance of special certificates under paragraph (3) for the employment of full-time students by institutions of higher education; except that if the Secretary determines that an institution of higher education is employing students under certificates issued under paragraph (3) but in violation of the requirements of that paragraph or of regulations issued thereunder, the requirements of this subparagraph shall apply with respect to the issuance of special certificates under paragraph (3) for the employment of students by such institution.

[See main edition for text of (C)] (D) To minimize paperwork for, and to encourage, small businesses to employ students