29 U.S.C. § 628 — Rules and regulations; exemptions

Page 158 TITLE 29—LABOR § 627 Subsec. (e). Pub. L. 95–256, § 4(c)(1), designated exist- ing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–2 effective as if enacted May 28, 2007, and applicable to certain claims of dis- crimination in compensation pending on or after that date, see section 6 of Pub. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–166 effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as a note under section 1981 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–433, title II, § 202(a), Oct. 16, 1990, 104 Stat. 984, provided that: ‘‘The amendment made by section 201 [amending this section] shall not apply with respect to waivers that occur before the date of enactment of this Act [Oct. 16, 1990].’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–256, § 4(b)(2), Apr. 6, 1978, 92 Stat. 190, pro- vided that: ‘‘The amendment made by paragraph (1) of this subsection [amending this section] shall take ef- fect with respect to civil actions brought after the date of enactment of this Act [Apr. 6, 1978].’’ Pub. L. 95–256, § 4(c)(2), Apr. 6, 1978, 92 Stat. 191, pro- vided that: ‘‘The amendment made by paragraph (1) of this subsection [amending this section] shall take ef- fect with respect to conciliations commenced by the Secretary of Labor after the date of enactment of this Act [Apr. 6, 1978].’’ RULE ON WAIVERS Pub. L. 101–433, title II, § 202(b), Oct. 16, 1990, 104 Stat. 984, provided that: ‘‘Effective on the date of enactment of this Act [Oct. 16, 1990], the rule on waivers issued by the Equal Employment Opportunity Commission and contained in section 1627.16(c) of title 29, Code of Fed- eral Regulations, shall have no force and effect.’’ AGE DISCRIMINATION CLAIMS ASSISTANCE Pub. L. 100–283, Apr. 7, 1988, 102 Stat. 78, as amended by Pub. L. 101–504, § 2, Nov. 3, 1990, 104 Stat. 1298, pro- vided extension period for filing civil actions under this section, such period consisting of 450 days beginning on Apr. 7, 1988, in cases where a charge was timely filed with the Equal Employment Opportunity Commission after Dec. 31, 1983, and 450 days beginning on Nov. 3, 1990, in cases where a charge was timely filed after Apr. 6, 1985, but the Commission did not, within the applica- ble period set forth in subsec. (e) of this section either eliminate the alleged unlawful practice or notify the complainant, in writing, of the disposition of the charge and of right of such person to bring civil action on such claim; required the Commission to provide no- tice regarding claims for which extension period was applicable; and required the Commission to submit re- ports to Congress containing, among other things, in- formation as to number of persons eligible for exten- sion period and number of persons who were provided notice regarding claims for which extension period was provided. Executive Documents TRANSFER OF FUNCTIONS ‘‘Equal Employment Opportunity Commission’’ and ‘‘Commission’’ substituted for ‘‘Secretary’’, meaning Secretary of Labor, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as pro- vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 627. Notices to be posted Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Equal Employ- ment Opportunity Commission setting forth in- formation as the Commission deems appropriate to effectuate the purposes of this chapter. (Pub. L. 90–202, § 8, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781.) Executive Documents TRANSFER OF FUNCTIONS ‘‘Equal Employment Opportunity Commission’’ and ‘‘Commission’’ substituted in text for ‘‘Secretary’’, meaning Secretary of Labor, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, which transferred all functions vested by this section in Secretary of Labor to Equal Employ- ment Opportunity Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 628. Rules and regulations; exemptions In accordance with the provisions of sub- chapter II of chapter 5 of title 5, the Equal Em- ployment Opportunity Commission may issue such rules and regulations as it may consider necessary or appropriate for carrying out this chapter, and may establish such reasonable ex- emptions to and from any or all provisions of this chapter as it may find necessary and proper in the public interest. (Pub. L. 90–202, § 9, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781.) Executive Documents TRANSFER OF FUNCTIONS ‘‘Equal Employment Opportunity Commission’’ and ‘‘it’’ substituted in text for ‘‘Secretary of Labor’’ and ‘‘he’’, respectively, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as pro- vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 629. Criminal penalties Whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Equal Employment Oppor- tunity Commission while it is engaged in the performance of duties under this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. (Pub. L. 90–202, § 10, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781.)