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29 U.S.C. § 211 — Collection of data

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

29 U.S.C. § 211 — Collection of data

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Source file: Laws/federal/codes/united-states-code/title-29/section-211-collection-of-data--c57b718d26.md
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Source location: Title 29, Chapter 8, § 211; chapter-008-fair-labor-standards.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/p/3&num=0&edition=prelim) 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.

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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. § 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. § 204 — Administration

**(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 curt

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

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

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

29 U.S.C. § 211 — Collection of data

Page 87 TITLE 29—LABOR § 211 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 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, Government Or- ganization and Employees. § 211. Collection of data (a) Investigations and inspections The Administrator or his designated rep- resentatives may investigate and gather data re- garding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and in- spect such places and such records (and make such transcriptions thereof), question such em- ployees, 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 provi- sions of this chapter. Except as provided in sec- tion 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bu- reaus and divisions of the Department of Labor for all the investigations and inspections nec- essary 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 Administra

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