skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart A  

General


29 CFR 779.2 - Previous and new coverage.

  • Section Number: 779.2
  • Section Name: Previous and new coverage.

    Under the Act as amended in 1966, an employer may have some 
employees subject to its minimum wages, maximum hours, overtime pay, 
equal pay, or child labor provisions who would be covered by such 
provisions under the prior law even if the amendments had not been 
enacted, and other employees whose coverage under such provisions was 
provided for the first time by the 1966 amendments. As explained in 
subparts B and C such provisions of the amended Act may apply to an 
employee by reason of the activities in which he is individually 
engaged, or because he is employed in an enterprise whose activities 
satisfy the conditions prescribed in the law prior to the amendments. On 
the other hand, such provisions of the amended Act may apply to an 
employee solely because he is employed in an enterprise whose activities 
satisfy only the conditions provided in the Act as it was amended in 
1966. Previously covered employment in retail and service enterprise is 
subject to different monetary standards than newly covered employment in 
such enterprises until February 1, 1971. On and after that date, every 
such employee subject to the minimum wage provisions will be entitled to 
not less than $1.60 an hour. However, beginning February 1, 1969, every 
such employee subject to the overtime provisions is entitled to overtime 
pay for all hours worked in excess of 40 in a workweek at a rate not 
less than one and one-half times his regular rate of pay. During the 
period for which different minimum wage provisions were made applicable, 
beginning with the effective date of the 1966 amendments on February 1, 
1967, and ending on January 31, 1971, a lower minimum wage rate is 
authorized for employees in employment brought under the minimum wage 
provisions of the Act for the first time by the amendments than for 
those subject to the minimum wage provisions under the prior Act. Also, 
in the period beginning with the effective date of the amendments and 
ending on January 31, 1969, employees in employment brought under the 
overtime pay provisions for the first time by the amendments could be 
employed for a longer workweek without overtime pay, as specified in the 
Act. Accordingly, employers who do not wish to pay aIl covered employees 
for employment during such periods the minimum wages and overtime pay 
required for employment covered under the prior provisions will need to 
identify those employees who are covered under the prior provisions and 
those who are covered under the new provisions when wages are computed 
and paid under the Act.
Previous Section

Next Section



Phone Numbers