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29 U.S.C. § 215 — Prohibited acts; prima facie evidence

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29 U.S.C. § 215 — Prohibited acts; prima facie evidence

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Source location: Title 29, Chapter 8, § 215; chapter-008-fair-labor-standards.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim), or in violation of any regulation or order of the Secretary issued under [section 214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section214&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim), or any of the provisions of any regulation or order of the Secretary issued under [section 214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section214&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section212&num=0&edition=prelim); (5) to violate any of the provisions of [section 211(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section211/c&num=0&edition=prelim), or any regulation or order made or continued in effect under the provisions of [section 211(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section211/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218d&num=0&edition=prelim). **(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.

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29 U.S.C. § 216 — Penalties

**(a) Fines and imprisonment** Any person who willfully violates any of the provisions of [section 215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section215&num=0&edition=prelim) shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. **(b) Damages; right of action; attorney’s fees and costs; termination of right of action** Any employer who violates the provisions of section 206 or [section 207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim) shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. Any employer who violates [section 203(m)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/m/2/B&num=0&edition=prelim) shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages. An actio

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 218d — Breastfeeding accommodations in the workplace

**(a) In general** An employer shall provide— (1) a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s 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 employer’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t

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29 U.S.C. § 202 — Congressional finding and declaration of policy

**(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.

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29 U.S.C. § 214 — Employment under special certificates

**(a) Learners, apprentices, messengers** The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe. **(b) Students** (1) (A) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) or not less than $1.60 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) in retail or service establishments. (B) Except as provided in paragraph (4)(B), during any month in which full-time students are to be employed in any retail or service establishment under certificates issued under this subsection the proportion of student hours of employment to the total hours of employment of all employees in such establishment may not exceed— (i) in the case of a retail or service establishment whose employees (other than employees

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29 U.S.C. § 212 — Child labor provisions

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section211/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section217&num=0&edition=prelim) 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

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29 U.S.C. § 207 — Maximum hours

**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions** (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966— (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, (B) for a workweek longer than forty-two hours during the second year from such date, or (C) for a workweek longer than forty hours after the expiration of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. **(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection

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29 U.S.C. § 217 — Injunction proceedings

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section215&num=0&edition=prelim), including in the case of violations of [section 215(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section215/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section255&num=0&edition=prelim)).

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29 U.S.C. § 626 — Recordkeeping, investigation, and enforcement

**(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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42 U.S.C. § 300e–9 — Employees’ health benefits plans

**(a) Regulations; membership option** In accordance with regulations which the Secretary shall prescribe— (1) each employer— (A) which is required during any calendar quarter to pay its employees the minimum wage prescribed by [section 206 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) (or would be required to pay its employees such wage but for [section 213(a) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/a&num=0&edition=prelim)), and (B) which during such calendar quarter employed an average number of employees of not less than 25, and (2) any State and each political subdivision thereof which during any calendar quarter employed an average number of employees of not less than 25, as a condition of payment to the State of funds under section 247b, 247c, or 300a of this title, which offers to its employees in the calendar year beginning after such calendar quarter the option of membership in a qualified health maintenance organization which is engaged in the provision of basic health services in a health maintenance organization service area in which at least 25 of such employees reside shall meet the requirements of subsection (b) with respect to any qualified health maintenance organization offered by the employer or State or political subdivision. **(b) Nondiscriminatory contributions for services; payroll deductions; effect on costs** (1) If a health benefits plan offered by an employer or a State or political subdivision includes contributions for services offered under the plan, the employer or State or political subdivision shall make a contribution under the plan for services offered by a qualified health maintenance organization in an a

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29 U.S.C. § 215 — Prohibited acts; prima facie evidence

Page 102 TITLE 29—LABOR § 215 responding month of the twelve-month period pre- ceding May 1, 1961, (2) in the case of a retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) are covered by this chapter for the first time on or after the effective date of the Fair Labor Standards Amendments of 1966, such proportion for the corresponding month of the twelve-month period im- mediately prior to such date, or (3) in the case of a re- tail or service establishment coming into existence after May 1, 1961, or a retail or service establishment for which records of student hours worked are not available, a proportion of student hours of employment to total hours of employment of all employees based on the practice during the twelve-month period preceding May 1, 1961, in (A) similar establishments of the same employer in the same general metropolitan area in which the new establishment is located, (B) similar es- tablishments of the same employer in the same or near- by counties if the new establishment is not in a metro- politan area, or (C) other establishments of the same general character operating in the community or the nearest comparable community. Before the Secretary may issue a certificate under this subsection he must find that such employment will not create a substan- tial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection.’’ Subsecs. (c), (d). Pub. L. 93–259, § 24(a), (b), struck out subsec. (c) and redesignated subsec. (d) as (c). Former subsec. (c) had provided: ‘‘The Secretary, to the extent necessary in order to prevent curtailment of opportuni- ties for employment, shall by certificate or or

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