29 U.S.C. § 262
Section 262 · Definitions
Amended 1 time on record
Applied in 13 court decisions — leading case 40 Fair empl.prac.cas. 1597, 41 Empl. Prac. Dec. P 36,451 Irving P. Gray v. New England Telephone and Telegraph Company, Irving P. Gray v. New England Telephone and Telegraph Company (1986)
Most recently applied in Amaya v. DGS Construction (July 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) When the terms “employer”, “employee”, and “wage” are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], they shall have the same meaning as when used in such Act of 1938.
(b) When the term “employer” is used in this chapter in relation to the Walsh-Healey Act [41 U.S.C. 35 et seq.] or Bacon-Davis Act [40 U.S.C. 276a et seq.] it shall mean the contractor or subcontractor covered by such Act.
(c) When the term “employee” is used in this chapter in relation to the Walsh-Healey Act [41 U.S.C. 35 et seq.] or the Bacon-Davis Act [40 U.S.C. 276a et seq.] it shall mean any individual employed by the contractor or subcontractor covered by such Act in the performance of his contract or subcontract.
(d) The term “Wash-Healey Act” 1 means the Act entitled “An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes”, approved June 30, 1936 (49 Stat. 2036), as amended [41 U.S.C. 35 et seq.]; and the term “Bacon-Davis Act” means the Act entitled “An Act to amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings”, approved August 30, 1935 (49 Stat. 1011), as amended [40 U.S.C. §276a et seq.].
(e) As used in section 255 of this title the term “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Fair Labor Standards Act of 1938, as amended, referred to in subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of this title. For complete classification of this Act to the Code, see see section 201 of this title and Tables.
The “Bacon-Davis Act”, which is defined for purposes of this chapter in subsec. (d), is generally known as the “Davis-Bacon Act”. See Short Title note set out under section 276a of Title 40, Public Buildings, Property, and Works.