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29 U.S.C. § 633 — Federal-State relationship
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal action superseding State action** Nothing in this chapter shall affect the jurisdiction of any agency of any State performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under this chapter such action shall supersede any State action.
**(b) Limitation of Federal action upon commencement of State proceedings** In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under [section 626 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section626&num=0&edition=prelim) before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority.
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Source location: Title 29, Chapter 14, § 633; chapter-014-age-discrimination-in-employment.md
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**(a) Federal action superseding State action** Nothing in this chapter shall affect the jurisdiction of any agency of any State performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under this chapter such action shall supersede any State action.
**(b) Limitation of Federal action upon commencement of State proceedings** In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under [section 626 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section626&num=0&edition=prelim) before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Attendance of witnesses; investigations, inspections, records, and homework regulations** The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in sections 209 and 211 of this title.
**(b) Enforcement; prohibition of age discrimination under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation, conference, and persuasion** The provisions of this chapter shall be enforced in accordance with the powers, remedies, and procedures provided in sections 211(b), 216 (except for subsection (a) thereof), and 217 of this title, and subsection (c) of this section. Any act prohibited under [section 623 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section623&num=0&edition=prelim) shall be deemed to be a prohibited act under [section 215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section215&num=0&edition=prelim). Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 216 and 217 of this title: Provided, That liquidated damages shall be payable only in cases of willful violations of this chapter. In any action brought to enforce this chapter the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be unpaid minimum
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Federal law — U.S. Code and appendices · legal_authorities
Page 161
TITLE 29—LABOR
§ 633
high policymaking position, if such employee is
entitled to an immediate nonforfeitable annual
retirement benefit from a pension, profit-shar-
ing, savings, or deferred compensation plan, or
any combination of such plans, of the employer
of such employee, which equals, in the aggre-
gate, at least $44,000.
(2) In applying the retirement benefit test of
paragraph (1) of this subsection, if any such re-
tirement benefit is in a form other than a
straight life annuity (with no ancillary bene-
fits), or if employees contribute to any such
plan or make rollover contributions, such ben-
efit shall be adjusted in accordance with regula-
tions prescribed by the Equal Employment Op-
portunity Commission, after consultation with
the Secretary of the Treasury, so that the ben-
efit is the equivalent of a straight life annuity
(with no ancillary benefits) under a plan to
which employees do not contribute and under
which no rollover contributions are made.
(Pub. L. 90–202, § 12, Dec. 15, 1967, 81 Stat. 607;
Pub. L. 95–256, § 3(a), (b)(3), Apr. 6, 1978, 92 Stat.
189, 190; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1,
1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 98–459,
title VIII, § 802(c)(1), Oct. 9, 1984, 98 Stat. 1792;
Pub. L. 99–272, title IX, § 9201(b)(2), Apr. 7, 1986,
100 Stat. 171; Pub. L. 99–592, §§ 2(c), 6(a), Oct. 31,
1986, 100 Stat. 3342, 3344; Pub. L. 101–239, title VI,
§ 6202(b)(3)(C)(ii), Dec. 19, 1989, 103 Stat. 2233.)
Editorial Notes
AMENDMENTS
1989—Subsec. (a). Pub. L. 101–239 struck out ‘‘(except
the provisions of section 623(g) of this title)’’ after ‘‘in
this chapter’’.
1986—Subsec. (a). Pub. L. 99–592, § 2(c)(1), which di-
rected that ‘‘but less than seventy years of age’’ be
struck out was executed by striking
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