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 Administrator and the Secretary of Labor may, for the purpose of car- rying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, not- withstanding 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 prac- tices 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 regu- lation or order as necessary or appropriate for the enforcement of the provisions of this chap- ter or the regulations or orders thereunder. The employer of an employee who performs sub- stitute 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 nec- essary or appropriate to prevent the circumven- tion or evasion of and to safeguard the min- imum wage rate prescribed in this chapter, and all existing regulations or orders of the Admin- istrator 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. 99–150, § 3(c)(2), Nov. 13, 1985, 99 Stat. 789.) Editorial Notes AMENDMENTS 1985—Subsec. (c). Pub. L. 99–150 inserted ‘‘The em- ployer of an employee who performs substitute work described in section 207(p)(3) of this title may not be re- quired 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 AMENDMENT Amendment by Pub. L. 99–150 effective Apr. 15, 1986, see section 6 of Pub. L. 99–150, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1949 AMENDMENT Amendment 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 99–150 ON PUBLIC AGENCY LIABILITY RESPECTING ANY EM- PLOYEE COVERED UNDER SPECIAL ENFORCEMENT POL- ICY Amendment by Pub. L. 99–150 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. 99–150, set out as a note under section 216 of this title. DEFINITION OF ‘‘ADMINISTRATOR’’ The term ‘‘Administrator’’ as meaning the Adminis- trator of the Wage and Hour Division, see section 204 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by subsecs. (a), (b), and (c) of this section in Secretary of Labor and Ad- ministrator 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 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, Government Or- ganization and Employees. ‘‘Secretary of Labor’’ substituted for ‘‘Chief of the Children’s Bureau’’ in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title. Page 88 TITLE 29—LABOR § 212 § 212. Child labor provisions (a) Restrictions on shipment of goods; prosecu- tion; 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 thir- ty days prior to the removal of such goods there- from any oppressive child labor has been em- ployed: Provided, That any such shipment or de- livery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufac- turer, or dealer that the goods were produced in compliance with the requirements of this sec- tion, 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 convic- tion 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 ship- ments 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 author- ized representatives, shall make all investiga- tions 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 ex- istence of oppressive child labor, and shall ad- minister all other provisions of this chapter re- lating 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 com- merce. (d) Proof of age In order to carry out the objectives of this sec- tion, 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. 87–30, § 8, May 5, 1961, 75 Stat. 70; Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.) Editorial Notes AMENDMENTS 1974—Subsec. (d). Pub. L. 93–259 added subsec. (d). 1961—Subsec. (c). Pub. L. 87–30 inserted ‘‘or in any en- terprise 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 pro- duced by oppressive child labor. Subsec. (c). Act Oct. 26, 1949, § 10(b), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–259 effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87–30 effective upon expira- tion of one hundred and twenty days after May 5, 1961, except as otherwise provided, see section 14 of Pub. L. 87–30, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1949 AMENDMENT Amendment 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 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. ‘‘Secretary of Labor’’ substituted for ‘‘Chief of the Children’s Bureau in the Department of Labor’’ in sub- sec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title. § 213. Exemptions (a) Minimum wage and maximum hour require- ments The provisions of sections 206 (except sub- section (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 ex- ecutive, administrative, or professional capac- ity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside sales- man (as such terms are defined and delimited from time to time by regulations of the Sec- retary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an em- ployee 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 num- ber of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administra- tive 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 establish- ment 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 331⁄3 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