3 U.S. Code § 413 - Rights and protections under the Fair Labor Standards Act of 1938

(a) Fair Labor Standards.—
(1) In general.— The rights and protections established by subsections (a)(1) and (d) ofsection 6, section 7, andsection 12(c) of the Fair Labor Standards Act of 1938 shall apply to covered employees.
(2) Interns and volunteers.— For the purposes of this section, the term “covered employee” does not include an intern or a volunteer as defined in regulations under subsection (c).
(3) Compensatory time.— Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938.
(c) Regulations To Implement Section.—
(1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(3) Irregular work schedules.— The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules.
(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.


(Added Pub. L. 104–331, § 2(a),Oct. 26, 1996, 110 Stat. 4058.)
References in Text

The Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. Sections 6, 7, 12, and 16 of the Act are classified to sections 206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471 (b) of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

3 USCDescription of ChangeSession YearPublic LawStatutes at Large


LII has no control over and does not endorse any external Internet site that contains links to or references LII.