Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 29 U.S.C. § 201 - Short title
## Text
This chapter may be cited as the “Fair Labor Standards Act of 1938”.
(June 25, 1938, ch. 676, § 1, 52 Stat. 1060.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 2022 AmendmentPub. L. 117328, div. KK, § 101, Dec. 29, 2022, 136 Stat. 6093, provided that: “This division [enacting section 218d of this title, amending sections 207, 215, and 216 of this title and section 20168 of Title 49, Transportation, and enacting provisions set out as notes under sections 207, 215, and 218d of this title and section 20168 of Title 49] may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act.”
Short Title of 2007 AmendmentPub. L. 11028, title VIII, § 8101, May 25, 2007, 121 Stat. 188, provided that: “This subtitle [subtitle A (§§ 81018104) of title VIII of Pub. L. 11028, amending section 206 of this title, repealing sections 205 and 208 of this title, and enacting provisions set out as notes under section 206 of this title] may be cited as the Fair Minimum Wage Act of 2007.”
Short Title of 2000 AmendmentPub. L. 106202, § 1, May 18, 2000, 114 Stat. 308, provided that: “This Act [amending section 207 of this title and enacting provisions set out as notes under section 207 of this title] may be cited as the Worker Economic Opportunity Act.”
Short Title of 1998 AmendmentsPub. L. 105334, § 1, Oct. 31, 1998, 112 Stat. 3137, provided that: “This Act [amending section 213 of this title and enacting provisions set out as a note under section 213 of this title] may be cited as the Drive for Teen Employment Act.” Pub. L. 105221, § 1, Aug. 7, 1998, 112 Stat. 1248, provided that: “This Act [amending section 203 of this title] may be cited as the Amy Somers Volunteers at Food Banks Act.”
Short Title of 1996 AmendmentPub. L. 104188, [title II], § 2104(a), Aug. 20, 1996, 110 Stat. 1928, provided that: “This section [amending section 206 of this title] may be cited as the Minimum Wage Increase Act of 1996.”
Short Title of 1995 AmendmentPub. L. 10426, § 1, Sept. 6, 1995, 109 Stat. 264, provided that: “This Act [amending section 207 of this title and enacting provisions set out as a note under section 207 of this title] may be cited as the Court Reporter Fair Labor Amendments of 1995.”
Short Title of 1989 AmendmentPub. L. 101157, § 1(a), Nov. 17, 1989, 103 Stat. 938, provided that: “This Act [enacting section 60k of Title 2, The Congress, amending sections 203, 205 to 208, 213, 214, and 216 of this title, and enacting provisions set out as notes under sections 203 and 206 of this title] may be cited as the Fair Labor Standards Amendments of 1989.”
Short Title of 1985 AmendmentPub. L. 99150, § 1(a), Nov. 13, 1985, 99 Stat. 787, provided that: “This Act [amending sections 203, 207, and 211 of this title and enacting provisions set out as notes under sections 203, 207, 215, and 216 of this title] may be cited as the Fair Labor Standards Amendments of 1985.”
Short Title of 1977 AmendmentPub. L. 95151, § 1(a), Nov. 1, 1977, 91 Stat. 1245, provided that: “This Act [amending sections 203, 206, 208, 213, 214, and 216 of this title and enacting provisions set out as notes under sections 203, 204, and 213 of this title] may be cited as the Fair Labor Standards Amendments of 1977.”
Short Title of 1974 AmendmentPub. L. 93259, § 1(a), Apr. 8, 1974, 88 Stat. 55, provided that: “This Act [enacting section 633a of this title, amending sections 202 to 208, 210, 212 to 214, 216, 255, 260, 630, and 634 of this title, and enacting provisions set out as notes under this section and sections 202, 206, 207, 213, and 621 of this title] may be cited as the Fair Labor Standards Amendments of 1974.”
Short Title of 1966 AmendmentPub. L. 89601, § 1, Sept. 23, 1966, 80 Stat. 830, provided: “That this Act [amending sections 203, 206, 207, 213, 214, 216, 218, and 255 of this title, and enacting provisions set out as notes under sections 207 and 214 of this title, section 1082 of former Title 5, Executive Departments and Government Officers and Employees, and section 2000e14 of Title 42, The Public Health and Welfare] may be cited as the Fair Labor Standards Amendments of 1966.”
Short Title of 1963 AmendmentPub. L. 8838, § 1, June 10, 1963, 77 Stat. 56, provided: “That this Act [amending section 206 of this title and enacting provisions set out as notes under section 206 of this title] may be cited as the Equal Pay Act of 1963.”
Short Title of 1961 AmendmentPub. L. 8730, § 1, May 5, 1961, 75 Stat. 65, provided: “That this Act [amending sections 203 to 208, 212 to 214, 216, and 217 of this title and enacting provisions set out as a note under section 213 of this title] may be cited as the Fair Labor Standards Amendments of 1961.”
Short Title of 1956 AmendmentAct Aug. 8, 1956, ch. 1035, § 1, 70 Stat. 1118, provided: “That this Act [amending sections 206, 213, and 216 of this title] may be cited as the American Samoa Labor Standards Amendments of 1956.”
Short Title of 1955 AmendmentAct Aug. 12, 1955, ch. 867, § 1, 69 Stat. 711, provided: “That this Act [amending sections 204206, 208, and 210 of this title and enacting provisions set out as notes under sections 204, 206, and 208 of this title] may be cited as the Fair Labor Standards Amendments of 1955.”
Short Title of 1949 AmendmentAct Oct. 26, 1949, ch. 736, § 1, 63 Stat. 910, provided: “That this Act [enacting section 216b of this title, amending sections 202 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title] may be cited as the Fair Labor Standards Amendments of 1949.”
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# 29 U.S.C. § 202 - Congressional finding and declaration of policy
## Text
(a) The Congress finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. That Congress further finds that the employment of persons in domestic service in households affects commerce.
(b) It is declared to be the policy of this chapter, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power.
(June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26, 1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93259, § 7(a), Apr. 8, 1974, 88 Stat. 62.)
## Notes
Editorial Notes
Amendments1974—Subsec. (a). Pub. L. 93259 inserted finding of Congress that employment of persons in domestic service in households affects commerce. 1949—Subsec. (b). Act Oct. 26, 1949, inserted reference to regulation of commerce with foreign nations.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentPub. L. 93259, § 29(a), Apr. 8, 1974, 88 Stat. 76, provided that: “Except as otherwise specifically provided, the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title] shall take effect on May 1, 1974.”
Effective Date of 1949 AmendmentAct Oct. 26, 1949, ch. 736, § 16(a), 63 Stat. 919, provided that: “The amendments made by this Act [enacting section 216b of this title, amending this section and sections 203 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title] shall take effect upon the expiration of ninety days from the date of its enactment [Oct. 26, 1947]; except that the amendment made by section 4 [amending section 204 of this title] shall take effect on the date of its enactment [Oct. 26, 1949].”
Rules, Regulations, and Orders With Regard to Fair Labor Standards Amendments of 1974Pub. L. 93259, § 29(b), Apr. 8, 1974, 88 Stat. 76, provided that: “Notwithstanding subsection (a) [set out as an Effective Date of 1974 Amendment note above], on and after the date of the enactment of this Act [Apr. 8, 1974] the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title].”
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# 29 U.S.C. § 204 - Administration
## Text
(a) Creation of Wage and Hour Division in Department of Labor; Administrator There is created in the Department of Labor a Wage and Hour Division which shall be under the direction of an Administrator, to be known as the Administrator of the Wage and Hour Division (in this chapter referred to as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Appointment, selection, classification, and promotion of employees by Administrator The Administrator may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this chapter and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may appear for and represent the Administrator in any litigation, but all such litigation shall be subject to the direction and control of the Attorney General. In the appointment, selection, classification, and promotion of officers and employees of the Administrator, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency.
(c) Principal office of Administrator; jurisdiction The principal office of the Administrator shall be in the District of Columbia, but he or his duly authorized representative may exercise any or all of his powers in any place.
(d) Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities (1) The Secretary shall submit biennially in January a report to the Congress covering his activities for the preceding two years and including such information, data, and recommendations for further legislation in connection with the matters covered by this chapter as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the minimum wages and overtime coverage established by this chapter, together with his recommendations to the Congress. In making such evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the cost of living and in productivity and the level of wages in manufacturing, the ability of employers to absorb wage increases, and such other factors as he may deem pertinent. Such report shall also include a summary of the special certificates issued under section 214(b) of this title.
(2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 213 of this title, and the extent to which such exemptions apply to employees of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such employees. The Secretary shall submit a report of his findings and recommendations to the Congress with respect to the studies conducted under this paragraph not later than January 1, 1976.
(3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other groups as the Secretary may designate). The first report of the results of such study shall be transmitted to the Congress not later than one year after the effective date of the Fair Labor Standards Amendments of 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report shall include suggestions respecting the Secretarys authority under section 214 of this title.
(e) Study of effects of foreign production on un­employment; report to President and Congress Whenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact resulted, or is in fact likely to result, from such competition, he shall make a full and complete report of his findings and determinations to the President and to the Congress: Provided, That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report.
(f) Employees of Library of Congress; administration of provisions by Office of Personnel Management The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretarys functions under this chapter with respect to such individuals. Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority). Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages under section 216(b) of this title.
(June 25, 1938, ch. 676, § 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, § 2, 69 Stat. 711; Pub. L. 8730, § 3, May 5, 1961, 75 Stat. 66; Pub. L. 93259, §§ 6(b), 24(c), 27, Apr. 8, 1974, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 10466, title I, § 1102(a), Dec. 21, 1995, 109 Stat. 722; Pub. L. 109435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)
## Notes
Editorial Notes
References in TextThe effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (d)(3), is the effective date of Pub. L. 93259, which is May 1, 1974, except as otherwise specifically provided, see section 29(a) of Pub. L. 93259, set out as an Effective Date of 1974 Amendment note under section 202 of this title.
Codification In subsec. (a), provisions that prescribed the compensation of the Administrator were omitted to conform to the provisions of the Executive Schedule. See section 5316 of Title 5, Government Organization and Employees. In subsec. (b), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.
Amendments2006—Subsec. (f). Pub. L. 109435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 1995—Subsec. (d)(1). Pub. L. 10466 in first sentence substituted “biennially” and “preceding two years” for “annually” and “preceding year”, respectively. 1974—Subsec. (d)(1). Pub. L. 93259, §§ 24(c), 27(1), (2), inserted provision at end of subsec. (d) requiring the report to Congress to include a summary of the special certificates issued under section 214(b) of this title, designated subsec. (d) provisions as subsec. (d)(1), and required the report to contain an evaluation and appraisal of overtime coverage established by this chapter, respectively. Subsec. (d)(2), (3). Pub. L. 93259, § 27(3), added pars. (2) and (3). Subsec. (f). Pub. L. 93259, § 6(b), added subsec. (f). 1961—Subsec. (e). Pub. L. 8730 added subsec. (e). 1955—Subsec. (d). Act Aug. 12, 1955, required an evaluation and appraisal by the Secretary of the minimum wages, together with his recommendations to Congress, to be included in the annual report. 1949—Subsec. (b). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”. Subsec. (a). Act Oct. 26, 1949, increased compensation of Administrator to $15,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93259 effective May 1, 1974, see section 29(a) of Pub. L. 93259, set out as a note under section 202 of this title.
Effective Date of 1961 AmendmentAmendment by Pub. L. 8730 effective upon expiration of one hundred and twenty days after May 5, 1961, except as otherwise provided, see section 14 of Pub. L. 8730, set out as a note under section 203 of this title.
Effective Date of 1949 AmendmentAmendment by act Oct. 26, 1949, effective Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title.
RepealsActs Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911, and Oct. 28, 1949, ch. 782, cited as a credit to this section, were repealed (subject to a savings clause) by Pub. L. 89554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which reports required under paragraphs (1) and (3) of subsec. (d) of this section are listed on page 124), see section 3003 of Pub. L. 10466, set out as a note under section 1113 of Title 31, Money and Finance.
Minimum Wage Study Commission; Establishment, Purposes, Composition, Etc.Pub. L. 95151, § 2(e), Nov. 1, 1977, 91 Stat. 1246, provided for the establishment, purposes, composition, etc., of the Minimum Wage Study Commission, the submission of reports, with the latest report being submitted to the President and Congress thirty six months after the date of the appointment of the members of the Commission and such appointments being made within 180 days after Nov. 1, 1977, and the Commission to cease to exist thirty days after submission of the report.
Definition of “Secretary” Act Aug. 12, 1955, ch. 867, § 6, 69 Stat. 712, provided that: “The term Secretary as used in this Act and in amendments made by this Act [amending this section and sections 205, 206, 208, and 210 of this title] means the Secretary of Labor.”
Executive Documents
Transfer of Functions Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (d)(1) and (f) in Secretary of Labor and Civil Service Commission transferred to 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 1101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. “Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (f), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of the Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.
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# 29 U.S.C. § 205 - Repealed. Pub. L. 11028, title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
## Notes
Section, acts June 25, 1938, ch. 676, § 5, 52 Stat. 1062; June 26, 1940, ch. 432, § 3(c), 54 Stat. 615; Oct. 26, 1949, ch. 736, § 5, 63 Stat. 911; Aug. 12, 1955, ch. 867, § 5(a), 69 Stat. 711; Pub. L. 8730, § 4, May 5, 1961, 75 Stat. 67; Pub. L. 93259, § 5(a), Apr. 8, 1974, 88 Stat. 56; Pub. L. 101157, § 4(a), Nov. 17, 1989, 103 Stat. 939, related to establishment of special industry committees for American Samoa to recommend the minimum rate or rates of wages. See section 8103 of Pub. L. 11028, set out as a note under section 206 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 60 days after May 25, 2007, see section 8103(c)(2) of Pub. L. 11028, set out as an Effective Date of 2007 Amendment note under section 206 of this title.
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# 29 U.S.C. § 208 - Repealed. Pub. L. 11028, title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
## Notes
Section, acts June 25, 1938, ch. 676, § 8, 52 Stat. 1064; Oct. 26, 1949, ch. 736, § 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, §§ 4, 5(b)(e), 69 Stat. 711, 712; Pub. L. 85750, Aug. 25, 1958, 72 Stat. 844; Pub. L. 8730, § 7, May 5, 1961, 75 Stat. 70; Pub. L. 93259, § 5(c)(1), (d), Apr. 8, 1974, 88 Stat. 58; Pub. L. 95151, § 2(d)(3), Nov. 1, 1977, 91 Stat. 1246; Pub. L. 101157, § 4(c), Nov. 17, 1989, 103 Stat. 940; Pub. L. 101583, § 1, Nov. 15, 1990, 104 Stat. 2871, related to wage orders in American Samoa.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 60 days after May 25, 2007, see section 8103(c)(2) of Pub. L. 11028, set out as an Effective Date of 2007 Amendment note under section 206 of this title.
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# 29 U.S.C. § 209 - Attendance of witnesses
## Text
For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees.
(June 25, 1938, ch. 676, § 9, 52 Stat. 1065; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.)
## Notes
Statutory Notes and Related Subsidiaries
Definition of “Administrator” The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.
Executive Documents
Transfer of Functions Functions relating to enforcement and administration of equal pay provisions vested by this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to 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 1101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. “Secretary of Labor” substituted in text for “Chief of the Childrens Bureau” by 1946 Reorg. Plan No. 2. See Transfer of Functions note set out under section 203 of this title.
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# 29 U.S.C. § 210 - Court review of wage orders in Puerto Rico and the Virgin Islands
## Text
(a) Any person aggrieved by an order of the Secretary issued under section 208 11 See References in Text note below. of this title may obtain a review of such order in the United States Court of Appeals for any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within 60 days after the entry of such order a written petition praying that the order of the Secretary be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record of the industry committee upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify (including provision for the payment of an appropriate minimum wage rate), or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by such industry committee when supported by substantial evidence shall be conclusive. No objection to the order of the Secretary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reasonable grounds for failure so to do. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to adduce such evidence in the proceedings before such industry committee, the court may order such additional evidence to be taken before an industry committee and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Such industry committee may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be conclusive, and shall also file its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(b) The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Administrators order. The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensation such employees are entitled to receive under the order exceeds the compensation they actually receive while such stay is in effect.
(June 25, 1938, ch. 676, § 10, 52 Stat. 1065; Aug. 12, 1955, ch. 867, § 5(f), 69 Stat. 712; Pub. L. 85791, § 22, Aug. 28, 1958, 72 Stat. 948; Pub. L. 93259, § 5(c)(2), Apr. 8, 1974, 88 Stat. 58.)
## Notes
Editorial Notes
References in TextSection 208 of this title, referred to in subsec. (a), was repealed by Pub. L. 11028, title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189.
Amendments1974—Subsec. (a). Pub. L. 93259 inserted “(including provision for the payment of an appropriate minimum wage rate)” in third sentence after “modify”. 1958—Subsec. (a). Pub. L. 85791 substituted “transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record of the industry committee” for “served upon the Secretary, and thereupon the Secretary shall certify and file in the court a transcript of the record” in second sentence, and inserted “as provided in section 2112 of title 28”, and substituted “petition” for “transcript” in third sentence. 1955—Subsec. (a). Act Aug. 12, 1955, amended subsec. (a) generally to make subsection conform to new procedure applicable to Puerto Rico and Virgin Islands.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93259 effective May 1, 1974, see section 29(a) of Pub. L. 93259, set out as a note under section 202 of this title.
Definition of “Administrator” The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.
Definition of “Secretary” The term “Secretary” as meaning the Secretary of Labor, see section 6 of act Aug. 12, 1955, set out as a note under section 204 of this title.
Executive Documents
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
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# 29 U.S.C. § 211 - Collection of data
## Text
(a) Investigations and inspections The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Except as provided in section 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 of this title, the Administrator shall bring all actions under section 217 of this title to restrain violations of this chapter.
(b) State and local agencies and employees With the consent and cooperation of State agencies charged with the administration of State labor laws, the Administrator and the Secretary of Labor may, for the purpose of carrying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes.
(c) Records Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders there­under. The employer of an employee who performs substitute work described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the hours of the substitute work.
(d) Homework regulations The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect.
(June 25, 1938, ch. 676, § 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 9, 63 Stat. 916; Pub. L. 99150, § 3(c)(2), Nov. 13, 1985, 99 Stat. 789.)
## Notes
Editorial Notes
Amendments1985—Subsec. (c). Pub. L. 99150 inserted “The employer of an employee who performs substitute work described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the hours of the substitute work.” 1949—Subsec. (d). Act Oct. 26, 1949, added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 99150 effective Apr. 15, 1986, see section 6 of Pub. L. 99150, set out as a note under section 203 of this title.
Effective Date of 1949 AmendmentAmendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title.
Effect of Amendments by Public Law 99150 on Public Agency Liability Respecting any Employee Covered Under Special Enforcement PolicyAmendment by Pub. L. 99150 not to affect liability of certain public agencies under section 216 of this title for violation of this section occurring before Apr. 15, 1986, see section 7 of Pub. L. 99150, set out as a note under section 216 of this title.
Definition of “Administrator” The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.
Executive Documents
Transfer of Functions Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (a), (b), and (c) of this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to 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 1101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. “Secretary of Labor” substituted for “Chief of the Childrens Bureau” in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title.
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# 29 U.S.C. § 212 - Child labor provisions
## Text
(a) Restrictions on shipment of goods; prosecution; conviction No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution.
(b) Investigations and inspections The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor.
(c) Oppressive child labor No employer shall employ any oppressive child labor 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.
(d) Proof of age In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age.
(June 25, 1938, ch. 676, § 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 10, 63 Stat. 917; Pub. L. 8730, § 8, May 5, 1961, 75 Stat. 70; Pub. L. 93259, § 25(a), Apr. 8, 1974, 88 Stat. 72.)
## Notes
Editorial Notes
Amendments1974—Subsec. (d). Pub. L. 93259 added subsec. (d). 1961—Subsec. (c). Pub. L. 8730 inserted “or in any enterprise engaged in commerce or in the production of goods for commerce”. 1949—Subsec. (a). Act Oct. 26, 1949, § 10(a), struck out effective date at beginning of subsection and inserted proviso excepting good faith purchaser of goods produced by oppressive child labor. Subsec. (c). Act Oct. 26, 1949, § 10(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93259 effective May 1, 1974, see section 29(a) of Pub. L. 93259, set out as a note under section 202 of this title.
Effective Date of 1961 AmendmentAmendment by Pub. L. 8730 effective upon expiration of one hundred and twenty days after May 5, 1961, except as otherwise provided, see section 14 of Pub. L. 8730, set out as a note under section 203 of this title.
Effective Date of 1949 AmendmentAmendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title.
Executive Documents
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. “Secretary of Labor” substituted for “Chief of the Childrens Bureau in the Department of Labor” in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title.
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# 29 U.S.C. § 215 - Prohibited acts; prima facie evidence
## Text
(a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person—
(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful;
(2) to violate any of the provisions of section 206 or section 207 of this title, or any of the provisions of any regulation or order of the Secretary issued under section 214 of this title;
(3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee;
(4) to violate any of the provisions of section 212 of this title;
(5) to violate any of the provisions of section 211(c) of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect; and
(6) to violate any of the provisions of section 218d of this title.
(b) For the purposes of subsection (a)(1) proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods.
(June 25, 1938, ch. 676, § 15, 52 Stat. 1068; Oct. 26, 1949, ch. 736, § 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263; Pub. L. 117328, div. KK, § 102(b)(1), Dec. 29, 2022, 136 Stat. 6095.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a)(6). Pub. L. 117328 added par. (6). 1949—Subsec. (a)(1). Act Oct. 26, 1949, § 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter. Subsec. (a)(5). Act Oct. 26, 1949, § 13(b), inserted “or any regulation or order made or continued in effect under the provisions of section 211(d) of this title” after “211(c) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117328, div. KK, § 103(b), Dec. 29, 2022, 136 Stat. 6096, provided that: “The amendments made by section 102(b) [amending this section and section 216 of this title] shall take effect on the date that is 120 days after the date of enactment of this Act [Dec. 29, 2022].”
Effective Date of 1949 AmendmentAmendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title.
Liability of Public Agency for Discrimination Against Employee for Assertion of CoveragePub. L. 99150, § 8, Nov. 13, 1985, 99 Stat. 791, provided that: “A public agency which is a State, political subdivision of a State, or an interstate governmental agency and which discriminates or has discriminated against an employee with respect to the employees wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor Standards Act of 1938 [29 U.S.C. 207] shall be held to have violated section 15(a)(3) of such Act [29 U.S.C. 215(a)(3)]. The protection against discrimination afforded by the preceding sentence shall be available after August 1, 1986, only for an employee who takes an action described in section 15(a)(3) of such Act.”
Executive Documents
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
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# 29 U.S.C. § 216a - Repealed. Oct. 26, 1949, ch. 736, § 16(f), 63 Stat. 920
## Notes
Section, act July 20, 1949, ch. 352, § 2, 63 Stat. 446, related to liability for overtime work performed prior to July 20, 1949. See section 216b of this title.
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# 29 U.S.C. § 216b - Liability for overtime work performed prior to July 20, 1949
## Text
No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.] (in any action or proceeding commenced prior to or on or after January 24, 1950), on account of the failure of said employer to pay an employee compensation for any period of overtime work performed prior to July 20, 1949, if the compensation paid prior to July 20, 1949, for such work was at least equal to the compensation which would have been payable for such work had section 7(d)(6) and (7) and section 7(g) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 207(d)(6), (7), (g)], been in effect at the time of such payment.
(Oct. 26, 1949, ch. 736, § 16(e), 63 Stat. 920.)
## Notes
Editorial Notes
References in TextThe Fair Labor Standards Act of 1938, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 201 of this title and Tables.
Codification Section was enacted as part of the Fair Labor Standards Amendments of 1949, and not as part of the Fair Labor Standards Act of 1938 which comprises this chapter. “January 24, 1950” substituted in text for “the effective date of this Act”. See Effective Date of 1949 Amendment note set out under section 202 of this title.
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# 29 U.S.C. § 217 - Injunction proceedings
## Text
The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations of section 215 of this title, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title).
(June 25, 1938, ch. 676, § 17, 52 Stat. 1069; Oct. 26, 1949, ch. 736, § 15, 63 Stat. 919; Pub. L. 85231, § 1(3), Aug. 30, 1957, 71 Stat. 514; Pub. L. 86624, § 21(c), July 12, 1960, 74 Stat. 417; Pub. L. 8730, § 12(b), May 5, 1961, 75 Stat. 74.)
## Notes
Editorial Notes
Amendments1961—Pub. L. 8730 substituted “, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title” for “: Provided, That no court shall have jurisdiction, in any action brought by the Administrator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid overtime compensation or an additional equal amount as liquidated damages in such action”. 1960—Pub. L. 86624 struck out reference to the District Court for Territory of Alaska. 1957—Pub. L. 85231 included the District Court of Guam within the enumeration of courts having jurisdiction of injunction proceedings. 1949—Act Oct. 26, 1949, included a more precise description of United States courts having jurisdiction to restrain violations and inserted proviso denying jurisdiction to order payment of unpaid minimum wages, overtime, and liquidated damages in injunction proceedings.
Statutory Notes and Related Subsidiaries
Effective Date of 1961 AmendmentAmendment by Pub. L. 8730 effective upon expiration of one hundred and twenty days after May 5, 1961, except as otherwise provided, see section 14 of Pub. L. 8730, set out as a note under section 203 of this title.
Effective Date of 1957 AmendmentAmendment by Pub. L. 85231 effective upon expiration of ninety days from Aug. 30, 1957, see section 2 of Pub. L. 85231, set out as a note under section 213 of this title.
Effective Date of 1949 AmendmentAmendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title.
Termination of United States District Court for the District of the Canal Zone For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 9670, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
Executive Documents
Transfer of Functions Functions relating to enforcement and administration of equal pay provisions vested by this section in Secretary of Labor transferred to 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 1101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.
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# 29 U.S.C. § 218 - Relation to other laws
## 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.
(June 25, 1938, ch. 676, § 18, 52 Stat. 1069; Pub. L. 89601, title III, § 306, Sept. 23, 1966, 80 Stat. 841; Pub. L. 9083, § 8, Sept. 11, 1967, 81 Stat. 222.)
## Notes
Editorial Notes
References in TextFor definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments1967—Subsec. (b). Pub. L. 9083 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. 9083 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. 89554. 1966—Pub. L. 89601 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1966 AmendmentAmendment by Pub. L. 89601 effective Feb. 1, 1967, except as otherwise provided, see section 602 of Pub. L. 89601, set out as a note under section 203 of this title.
Rules, Regulations, and Orders Promulgated With Regard to 1966 AmendmentsSecretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. L. 89601, Sept. 23, 1966, with regard to the amendments made by Pub. L. 89601, see section 602 of Pub. L. 89601, set out as a note under section 203 of this title.
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# 29 U.S.C. § 218a - Repealed. Pub. L. 11474, title VI, § 604, Nov. 2, 2015, 129 Stat. 599
## Notes
Section, act June 25, 1938, ch. 676, § 18A, as added Pub. L. 111148, title I, § 1511, Mar. 23, 2010, 124 Stat. 252, related to automatic enrollment for employees of large employers.
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# 29 U.S.C. § 218b - Notice to employees
## Text
(a) In general In accordance with regulations promulgated by the Secretary, an employer to which this chapter applies, shall provide to each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), written notice—
(1) informing the employee of the existence of an Exchange, including a description of the services provided by such Exchange, and the manner in which the employee may contact the Exchange to request assistance;
(2) if the employer plans share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of title 26 and a cost sharing reduction under section 18071 of title 42 if the employee purchases a qualified health plan through the Exchange; and
(3) if the employee purchases a qualified health plan through the Exchange, the employee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes.
(b) Effective date Subsection (a) shall take effect with respect to employers in a State beginning on March 1, 2013.
(June 25, 1938, ch. 676, § 18B, as added and amended Pub. L. 111148, title I, § 1512, title X, § 10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914; Pub. L. 11210, div. B, title VIII, § 1858(c), Apr. 15, 2011, 125 Stat. 169.)
## Notes
Editorial Notes
Amendments2011—Subsec. (a)(3). Pub. L. 11210 struck out “and the employer does not offer a free choice voucher” after “Exchange”. 2010—Subsec. (a)(3). Pub. L. 111148, § 10108(i)(2), inserted “and the employer does not offer a free choice voucher” after “Exchange” and substituted “may lose” for “will lose”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 11210 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111148 to which it relates, see section 1858(d) of Pub. L. 11210, set out as a note under section 36B of Title 26, Internal Revenue Code.
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# 29 U.S.C. § 218c - Protections for employees
## Text
(a) Prohibition No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has—
(1) received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; 11 See References in Text note below.
(2) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title 1 (or an amendment made by this title); 1
(3) testified or is about to testify in a proceeding concerning such violation;
(4) assisted or participated, or is about to assist or participate, in such a proceeding; or
(5) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title 1 (or amendment), or any order, rule, regulation, standard, or ban under this title 1 (or amendment).
(b) Complaint procedure (1) In general An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15.
(2) No limitation on rights Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.
(June 25, 1938, ch. 676, § 18C, as added Pub. L. 111148, title I, § 1558, Mar. 23, 2010, 124 Stat. 261.)
## Notes
Editorial Notes
References in TextSection 18071 of title 42, referred to in subsec. (a)(1), was in the original “section 1402 of this Act”, and was translated as meaning section 1402 of the Patient Protection and Affordable Care Act, which is classified to section 18071 of title 42, to reflect the probable intent of Congress. This title, referred to in subsec. (a)(2), (5), probably means title I of Pub. L. 111148, Mar. 23, 2011, 124 Stat. 130. For complete classification of title I to the Code, see Tables. Section 2087(b) of title 15, referred to in subsec. (b)(1), was in the original “section 2807(b) of title 15”, and probably should have read “section 40(b) of the Consumer Product Safety Act”, which is classified to section 2087(b) of Title 15, Commerce and Trade.
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# 29 U.S.C. § 218d - Breastfeeding accommodations in the workplace
## Text
(a) In general An employer shall provide—
(1) a reasonable break time for an employee to express breast milk for such employees nursing child for 1 year after the childs birth each time such employee has need to express the milk; and
(2) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
(b) Compensation (1) In general Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance.
(2) Relief from duties Break time provided under subsection (a)(1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.
(c) Exemption for small employers An employer that employs less than 50 employees shall not be subject to the requirements of this section, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employers business.
(d) Exemption for crewmembers of air carriers (1) In general An employer that is an air carrier shall not be subject to the requirements of this section with respect to an employee of such air carrier who is a crewmember 11 So in original. Probably should be followed by a period.
(2) Definitions In this subsection:
(A) Air carrier The term “air carrier” has the meaning given such term in section 40102 of title 49.
(B) Crewmember The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).
(e) Applicability to rail carriers (1) In general Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.
(2) Certain employees An employer that is a rail carrier shall be subject to the requirements of this section with respect to an employee of such rail carrier who is a member of a train crew involved in the movement of a locomotive or rolling stock or who is an employee who maintains the right of way, provided that compliance with the requirements of this section does not—
(A) require the employer to incur significant expense, such as through the addition of such a member of a train crew in response to providing a break described in subsection (a)(1) to another such member of a train crew, removal or retrofitting of seats, or the modification or retrofitting of a locomotive or rolling stock; or
(B) result in unsafe conditions for an individual who is an employee who maintains the right of way.
(3) Significant expense For purposes of paragraph (2)(A), it shall not be considered a significant expense to modify or retrofit a locomotive or rolling stock by installing a curtain or other screening protection.
(4) Definitions In this subsection:
(A) Employee who maintains the right of way The term “employee who maintains the right of way” means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49.
(B) Rail carrier The term “rail carrier” means an employer described in section 213(b)(2) of this title.
(C) Train crew The term “train crew” has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations).
(f) Applicability to motorcoach services operators (1) In general Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.
(2) Employees who are involved in the movement of a motorcoach An employer that is a motorcoach services operator shall be subject to the requirements of this section with respect to an employee of such motorcoach services operator who is involved in the movement of a motorcoach provided that compliance with the requirements of this section does not—
(A) require the employer to incur significant expense, such as through the removal or retrofitting of seats, the modification or retrofitting of a motorcoach, or unscheduled stops; or
(B) result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.
(3) Significant expense For purposes of paragraph (2)(A), it shall not be considered a significant expense—
(A) to modify or retrofit a motorcoach by installing a curtain or other screening protection if an employee requests such a curtain or other screening protection; or
(B) for an employee to use scheduled stop time to express breast milk.
(4) Definitions In this subsection:
(A) Motorcoach; motorcoach services The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).
(B) Motorcoach services operator The term “motorcoach services operator” means an entity that offers motorcoach services.
(g) Notification prior to commencement of action (1) In general Except as provided in paragraph (2), before commencing an action under section 216(b) of this title for a violation of subsection (a)(2), an employee shall—
(A) notify the employer of such employee of the failure to provide the place described in such subsection; and
(B) provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.
(2) Exceptions Paragraph (1) shall not apply in a case in which—
(A) the employee has been discharged because the employee—
(i) has made a request for the break time or place described in subsection (a); or
(ii) has opposed any employer conduct related to this section; or
(B) the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).
(h) Interaction with State and Federal law (1) Laws providing greater protection Nothing in this section shall preempt a State law or municipal ordinance that provides greater protections to employees than the protections provided for under this section.
(2) No effect on title 49 preemption This section shall have no effect on the preemption of a State law or municipal ordinance that is preempted under subtitle IV, V, or VII of title 49.
(June 25, 1938, ch. 676, § 18D, as added Pub. L. 117328, div. KK, § 102(a)(2), Dec. 29, 2022, 136 Stat. 6093.)
## Notes
Editorial Notes
References in TextThe Motorcoach Enhanced Safety Act of 2012, referred to in subsec. (f)(4)(A), is subtitle G of title II of div. C of Pub. L. 112141, which is set out as a note under section 31136 of Title 49, Transportation.
Prior ProvisionsProvisions similar to those in subsecs. (a) to (c) of this section were contained in section 207(r) of this title prior to repeal by Pub. L. 117328, § 102(a)(1).
Statutory Notes and Related Subsidiaries
Effective DateSection effective on Dec. 29, 2022, see section 103(a) of div. KK of Pub. L. 117328, set out as an Effective Date of 2022 Amendment note under section 207 of this title.
Delayed Application of Law to Employees of Rail CarriersPub. L. 117328, div. KK, § 103(d), Dec. 29, 2022, 136 Stat. 6096, provided that: “(1) In general.—Section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are members of a train crew involved in the movement of a locomotive or rolling stock or who are employees who maintain the right of way of an employer that is a rail carrier until the date that is 3 years after the date of enactment of this Act [Dec. 29, 2022]. “(2) Definitions.—In this subsection:“(A) Employee; employer.—The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). “(B) Employees [sic] who maintains the right of way; rail carrier; train crew.—The terms employee who maintains the right of way, rail carrier, and train crew have the meanings given such terms in section 18D(e)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(e)(4)], as added by section 102(a).”
Delayed Application of Law to Employees of Motorcoach Services OperatorsPub. L. 117328, div. KK, § 103(e), Dec. 29, 2022, 136 Stat. 6097, provided that: “(1) In general.—Section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are involved in the movement of a motorcoach of an employer that is a motorcoach services operator until the date that is 3 years after the date of enactment of this Act [Dec. 29, 2022]. “(2) Definitions.—In this subsection:“(A) Employee; employer.—The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). “(B) Motorcoach; motorcoach services operator.—The terms motorcoach and motorcoach services operator have the meanings given such terms in section 18D(f)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(f)(4)], as added by section 102(a).”
@@ -0,0 +1,35 @@
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# 29 U.S.C. § 219 - Separability
## Text
If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(June 25, 1938, ch. 676, § 19, 52 Stat. 1069.)