29 U.S.C. § 626 — Recordkeeping, investigation, and enforce-

Page 156 TITLE 29—LABOR § 625 report the results of the study, with recommendations, to the President and to Congress not later than 5 years after Oct. 31, 1986. § 625. Administration The Secretary shall have the power— (a) Delegation of functions; appointment of personnel; technical assistance to make delegations, to appoint such agents and employees, and to pay for technical assist- ance on a fee for service basis, as he deems necessary to assist him in the performance of his functions under this chapter; (b) Cooperation with other agencies, employ- ers, labor organizations, and employment agencies to cooperate with regional, State, local, and other agencies, and to cooperate with and fur- nish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this chap- ter. (Pub. L. 90–202, § 6, Dec. 15, 1967, 81 Stat. 604.) Executive Documents TRANSFER OF FUNCTIONS Functions relating to age discrimination administra- tion and enforcement vested by this section in Sec- retary of Labor or Civil Service Commission trans- ferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Or- ganization and Employees, effective Jan. 1, 1979, as pro- vided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 626. Recordkeeping, investigation, and enforce- ment (a) Attendance of witnesses; investigations, in- spections, records, and homework regula- tions The Equal Employment Opportunity Commis- sion shall have the power to make investiga- tions and require the keeping of records nec- essary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in sections 209 and 211 of this title. (b) Enforcement; prohibition of age discrimina- tion under fair labor standards; unpaid min- imum wages and unpaid overtime compensa- tion; liquidated damages; judicial relief; con- ciliation, conference, and persuasion The provisions of this chapter shall be en- forced in accordance with the powers, remedies, and procedures provided in sections 211(b), 216 (except for subsection (a) thereof), and 217 of this title, and subsection (c) of this section. Any act prohibited under section 623 of this title shall be deemed to be a prohibited act under sec- tion 215 of this title. Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 216 and 217 of this title: Provided, That liq- uidated damages shall be payable only in cases of willful violations of this chapter. In any ac- tion brought to enforce this chapter the court shall have jurisdiction to grant such legal or eq- uitable relief as may be appropriate to effec- tuate the purposes of this chapter, including without limitation judgments compelling em- ployment, reinstatement or promotion, or en- forcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime com- pensation under this section. Before instituting any action under this section, the Equal Em- ployment Opportunity Commission shall at- tempt to eliminate the discriminatory practice or practices alleged, and to effect voluntary compliance with the requirements of this chap- ter through informal methods of conciliation, conference, and persuasion. (c) Civil actions; persons aggrieved; jurisdiction; judicial relief; termination of individual ac- tion upon commencement of action by Com- mission; jury trial (1) Any person aggrieved may bring a civil ac- tion in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter: Provided, That the right of any person to bring such action shall terminate upon the commencement of an action by the Equal Employment Opportunity Commis- sion to enforce the right of such employee under this chapter. (2) In an action brought under paragraph (1), a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter, regardless of whether equitable relief is sought by any party in such action. (d) Filing of charge with Commission; timeliness; conciliation, conference, and persuasion; un- lawful practice (1) No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Oppor- tunity Commission. Such a charge shall be filed— (A) within 180 days after the alleged unlaw- ful practice occurred; or (B) in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 days after receipt by the individual of notice of ter- mination of proceedings under State law, whichever is earlier. (2) Upon receiving such a charge, the Commis- sion shall promptly notify all persons named in such charge as prospective defendants in the ac- tion and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion. (3) For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this chapter, when a discriminatory compensation decision or other practice is adopted, when a person be- comes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory com- pensation decision or other practice, including each time wages, benefits, or other compensa- tion is paid, resulting in whole or in part from such a decision or other practice. Page 157 TITLE 29—LABOR § 626 (e) Reliance on administrative rulings; notice of dismissal or termination; civil action after receipt of notice Section 259 of this title shall apply to actions under this chapter. If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are other- wise terminated by the Commission, the Com- mission shall notify the person aggrieved. A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge within 90 days after the date of the receipt of such notice. (f) Waiver (1) An individual may not waive any right or claim under this chapter unless the waiver is knowing and voluntary. Except as provided in paragraph (2), a waiver may not be considered knowing and voluntary unless at a minimum— (A) the waiver is part of an agreement be- tween the individual and the employer that is written in a manner calculated to be under- stood by such individual, or by the average in- dividual eligible to participate; (B) the waiver specifically refers to rights or claims arising under this chapter; (C) the individual does not waive rights or claims that may arise after the date the waiv- er is executed; (D) the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled; (E) the individual is advised in writing to consult with an attorney prior to executing the agreement; (F)(i) the individual is given a period of at least 21 days within which to consider the agreement; or (ii) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to con- sider the agreement; (G) the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the rev- ocation period has expired; (H) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the com- mencement of the period specified in subpara- graph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to— (i) any class, unit, or group of individuals covered by such program, any eligibility fac- tors for such program, and any time limits applicable to such program; and (ii) the job titles and ages of all individ- uals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program. (2) A waiver in settlement of a charge filed with the Equal Employment Opportunity Com- mission, or an action filed in court by the indi- vidual or the individual’s representative, alleg- ing age discrimination of a kind prohibited under section 623 or 633a of this title may not be considered knowing and voluntary unless at a minimum— (A) subparagraphs (A) through (E) of para- graph (1) have been met; and (B) the individual is given a reasonable pe- riod of time within which to consider the set- tlement agreement. (3) In any dispute that may arise over whether any of the requirements, conditions, and cir- cumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A) or (B) of paragraph (2), have been met, the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to para- graph (1) or (2). (4) No waiver agreement may affect the Com- mission’s rights and responsibilities to enforce this chapter. No waiver may be used to justify interfering with the protected right of an em- ployee to file a charge or participate in an inves- tigation or proceeding conducted by the Com- mission. (Pub. L. 90–202, § 7, Dec. 15, 1967, 81 Stat. 604; Pub. L. 95–256, § 4(a), (b)(1), (c)(1), Apr. 6, 1978, 92 Stat. 190, 191; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 101–433, title II, § 201, Oct. 16, 1990, 104 Stat. 983; Pub. L. 102–166, title I, § 115, Nov. 21, 1991, 105 Stat. 1079; Pub. L. 111–2, § 4, Jan. 29, 2009, 123 Stat. 6.) Editorial Notes AMENDMENTS 2009—Subsec. (d). Pub. L. 111–2, § 4(1)(B)–(3), inserted ‘‘(1)’’ before ‘‘No civil’’ and ‘‘(2)’’ before ‘‘Upon receiv- ing’’ and added par. (3). Pub. L. 111–2, § 4(1)(A), which directed amendment of first sentence by redesignating pars. (1) and (2) as sub- pars. (A) and (B), respectively, was executed by making the redesignation in the second sentence to reflect the probable intent of Congress. 1991—Subsec. (e). Pub. L. 102–166 struck out par. (1) designation, substituted ‘‘Section’’ for ‘‘Sections 255 and’’, inserted at end ‘‘If a charge filed with the Com- mission under this chapter is dismissed or the pro- ceedings of the Commission are otherwise terminated by the Commission, the Commission shall notify the person aggrieved. A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge with- in 90 days after the date of the receipt of such notice.’’, and struck out par. (2) which read as follows: ‘‘For the period during which the Equal Employment Oppor- tunity Commission is attempting to effect voluntary compliance with requirements of this chapter through informal methods of conciliation, conference, and per- suasion pursuant to subsection (b), the statute of limi- tations as provided in section 255 of this title shall be tolled, but in no event for a period in excess of one year.’’ 1990—Subsec. (f). Pub. L. 101–433 added subsec. (f). 1978—Subsec. (c). Pub. L. 95–256, § 4(a), designated ex- isting provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 95–256, § 4(b)(1), substituted ref- erences to the filing of a charge with the Secretary al- leging unlawful discrimination for references to the fil- ing with the Secretary of notice of intent to sue. 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.)