29 U.S.C. § 216a — Repealed. Oct. 26, 1949, ch. 736, § 16(f), 63

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 Repealed.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 for overtime work performed prior to July 20, 1949 No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.] (in any action or proceeding commenced prior to or on or after January 24, 1950), on account of the failure of said employer to pay an employee compensation for any period of overtime work performed prior to July 20, 1949, if the com- pensation paid prior to July 20, 1949, for such work was at least equal to the compensation which would have been payable for such work had section 7(d)(6) and (7) and section 7(g) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 207(d)(6), (7), (g)], been in effect at the time of such payment. (Oct. 26, 1949, ch. 736, § 16(e), 63 Stat. 920.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see section 201 of this title and Tables. CODIFICATION Section was enacted as part of the Fair Labor Stand- ards Amendments of 1949, and not as part of the Fair Labor Standards Act of 1938 which comprises this chap- ter. ‘‘January 24, 1950’’ substituted in text for ‘‘the effec- tive date of this Act’’. See Effective Date of 1949 Amendment note set out under section 202 of this title. § 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 Is- lands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain viola- tions of section 215 of this title, including in the case of violations of section 215(a)(2) of this title 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 com- mencement of the action to restrain the viola- tions, by virtue of the provisions of section 255 of this title). (June 25, 1938, ch. 676, § 17, 52 Stat. 1069; Oct. 26, 1949, ch. 736, § 15, 63 Stat. 919; Pub. L. 85–231, § 1(3), Aug. 30, 1957, 71 Stat. 514; Pub. L. 86–624, § 21(c), July 12, 1960, 74 Stat. 417; Pub. L. 87–30, § 12(b), May 5, 1961, 75 Stat. 74.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–30 substituted ‘‘, including in the case of violations of section 215(a)(2) of this title the re- straint 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’’ for ‘‘: Provided, That no court shall have jurisdiction, in any action brought by the Adminis- trator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid over- time compensation or an additional equal amount as liquidated damages in such action’’. 1960—Pub. L. 86–624 struck out reference to the Dis- trict Court for Territory of Alaska. 1957—Pub. L. 85–231 included the District Court of Guam within the enumeration of courts having juris- diction of injunction proceedings. 1949—Act Oct. 26, 1949, included a more precise de- scription of United States courts having jurisdiction to restrain violations and inserted proviso denying juris- diction to order payment of unpaid minimum wages, overtime, and liquidated damages in injunction pro- ceedings. Statutory Notes and Related Subsidiaries 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 1957 AMENDMENT Amendment by Pub. L. 85–231 effective upon expira- tion of ninety days from Aug. 30, 1957, see section 2 of Pub. L. 85–231, set out as a note under section 213 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.