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Title 29 — Labor

Chapter 8 — Fair Labor Standards

§ 218. Relation to other laws

Statutory text

(a)

No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.

(b)

Notwithstanding any other provision of this chapter (other than section 213(f) of this title) or any other law—

(1)

any Federal employee in the Canal Zone engaged in employment of the kind described in section 5102(c)(7) of title 5, or

(2)

any employee employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,

shall have his basic compensation fixed or adjusted at a wage rate that is not less than the appropriate wage rate provided for in section 206(a)(1) of this title (except that the wage rate provided for in section 206(b) of this title shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 207(a)(1) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Fair Labor Standards Act of 1938

    Pub. L. 75–676 § 18 · 52 Stat. 1060

    Enacted · 29 U.S.C. § 218

    June 25, 1938, ch. 676, § 18, 52 Stat. 1069

    Source evidence

    Code source credit
    June 25, 1938, ch. 676, § 18, 52 Stat. 1069

    Enacted provision · exact public law section
    Sec. 18. relating to other laws No provision of this Act or of any order thereunder shall Relation to other laws. excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this Act or a maximum workweek lower than the maximum workweek established under this Act, and no provision of this Act relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this Act. No provision of this Act shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this Act, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this Act.

  2. Fair Labor Standards Amendments of 1966

    Pub. L. 89–601 title III § 306 · 80 Stat. 830

    1. Amended · 29 U.S.C. § 218

      Pub. L. 89–601 designated existing provisions as subsec. (a)

    2. Added · 29 U.S.C. § 218

      Pub. L. 89–601 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 89–601 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 306. federal employees Section 18 of such Act is amended by inserting “(a)” 52 Stat. 1069. 29 USC 218. immediately after “Sec. 18.” and by adding at the end thereof the following new subsection: “(b) Notwithstanding any other provision of this Act (other than section 13 (f)) or any other law, any employee— Ante, p. 837. “(1) described in paragraph (7) of section 202 of the Classification Act of 1949 (5 U.S.C. 1082(7)) whose compensation is 68 Stat. 1106. required to be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates, and any Federal employee in the Canal Zone engaged in employment of the kind described in such paragraph (7), or “(2) described in section 7474 of title 10, United States Code, 70A Stat. 463. whose rates of wages are established to conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity, or “(3) employed in a non-appropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate which is not less than the appropriate wage rate provided for in section 6(a) (1) of this Act (except that the wage rate provided for in section 6(b) shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 7(a) (1) of this Act.” Infra.

    Effective date note
    Amendment by Pub. L. 89–601 effective Feb. 1, 1967, except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

  3. Pub. L. 90–83 § 8 · 81 Stat. 195

    1. Substituted · 29 U.S.C. § 218(b)

      Pub. L. 90–83 substituted reference to section 5102(c)(7) of title 5 for reference to par. (7) of section 202 of the Classification Act of 1949 to reflect the amendment of section 5341(a) of title 5 by section 1(97) of Pub. L. 90–83

    2. Repealed · 29 U.S.C. § 218(b)

      Pub. L. 90–83 struck out provision covering employees described in section 7474 of title 10 in view of the repeal of section 7474 of title 10 by Pub. L. 89–554

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–83 substituted reference to section 5102(c)(7) of title 5 for reference to par. (7) of section 202 of the Classification Act of 1949 to reflect the amendment of section 5341(a) of title 5 by section 1(97) of Pub. L. 90–83 and struck out provision covering employees described in section 7474 of title 10 in view of the repeal of section 7474 of title 10 by Pub. L. 89–554.

    Enacted provision · exact public law section
    Sec. 8. Section 18(b) of the Fair Labor Standards Act (29 U.S.C. 218(b)) is amended to read: “(b) Notwithstanding any other provision of this Act (other than section 13(f)) or any other law— “(1) any Federal employee in the Canal Zone engaged in employment of the kind described in section 5102(c)(7) of title 5, United States Code, or “(2) any employee employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate that is not less than the appropriate wage rate provided for in section 80 Stat. 838. 29 USC 206. 6(a) (1) of this Act (except that the wage rate provided for in section 6(b) shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 7(a) (l) of this Act.”

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments1966–1967 · 2 rounds

1967

Subsec. (b). Pub. L. 90–83 substituted reference to section 5102(c)(7) of title 5 for reference to par. (7) of section 202 of the Classification Act of 1949 to reflect the amendment of section 5341(a) of title 5 by section 1(97) of Pub. L. 90–83 and struck out provision covering employees described in section 7474 of title 10 in view of the repeal of section 7474 of title 10 by Pub. L. 89–554.

1966

Pub. L. 89–601 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–601 effective , except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Rules, Regulations, and Orders Promulgated With Regard to 1966 Amendments

Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. L. 89–601, , with regard to the amendments made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Credits

1938–1967 · 3 acts
  1. 1938June 25, 1938, ch. 676, § 18, 52 Stat. 1069
  2. 1966Pub. L. 89–601, title III, § 306, , 80 Stat. 841
  3. 1967Pub. L. 90–83, § 8, , 81 Stat. 222.
Show as published

(June 25, 1938, ch. 676, § 18, 52 Stat. 1069; Pub. L. 89–601, title III, § 306, , 80 Stat. 841; Pub. L. 90–83, § 8, , 81 Stat. 222.)

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