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

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

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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Source location: Title 29, Chapter 8, § 217; chapter-008-fair-labor-standards.md

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

29 U.S.C. § 203 — Definitions

As used in this chapter— **(a)** “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. **(b)** “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. **(c)** “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. **(d)** “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. **(e)** (1) Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means— (A) any individual employed by the Government of the United States— (i) as a civilian in the military departments (as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, (v) in the Library of Congress, or (vi) the 11 So in original. Probably should be preceded by “in”. Government Publishing Office; (B) any individual employed by the United States Postal Service or the Postal Regulatory Commi

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

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

**(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

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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. § 213 — Exemptions

**(a) Minimum wage and maximum hour requirements** The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities

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

29 U.S.C. § 255 — Statute of limitations

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 11 See References in Text note below. — **(a)** if the cause of action accrues on or after May 14, 1947—may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; **(b)** if the cause of action accrued prior to May 14, 1947—may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; **(c)** if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after May 14, 1947 unless at the time commenced it is barred by an applicable State statute of limitations; **(d)** with respect to any cause of action brought under [section 216(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim) against a State or a political subdivision of a State in a district court of the United States on or before April 18,

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29 U.S.C. § 211 — Collection of data

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section212&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section212&num=0&edition=prelim), the Administrator 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 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 employ

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

Page 107 TITLE 29—LABOR § 217 Fair Labor Standards Act of 1938, as amended [29 U.S.C. 216(c)], no amendment made by this Act [amending sec- tions 202, 208, 211 to 217 of this title] shall be construed as amending, modifying, or repealing any provisions of the Portal-to-Portal Act of 1947.’’ RETROACTIVE EFFECT OF 1949 AMENDMENTS; LIMITATION OF ACTIONS Act Oct. 26, 1949, ch. 736, § 16(d), 63 Stat. 920, provided that actions based upon acts or omissions occurring prior to the effective date of act Oct. 26, 1949, which was to be effective ninety days after Oct. 26, 1949, were not prevented by the amendments made to sections 202 to 208, and 211 to 217 of this title by such act, so long as such actions were instituted within two years from such effective date. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by subsecs. (b) and (c) of 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 1–101 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 ex- ceptions, 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. § 216a. Repealed. Oct. 26, 1949, ch. 736, § 16(f), 63 Stat. 920 Section, act July 20, 1949, ch. 352, § 2, 63 Stat. 446, re- lated to liability for overtime work performed prior to July 20, 1949. See section 216b of this title. § 216b. Liability

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