29 U.S.C. § 210 — Court review of wage orders in Puerto

Page 86 TITLE 29—LABOR § 210 1 See References in Text note below. Statutory Notes and Related Subsidiaries 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 this section in Secretary of Labor and Administrator 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. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Orga- nization and Employees) in hearing examiners em- ployed by Department, transferred to Secretary of Labor, with power vested in him to authorize their per- formance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. ‘‘Secretary of Labor’’ substituted in text for ‘‘Chief of the Children’s Bureau’’ by 1946 Reorg. Plan No. 2. See Transfer of Functions note set out under section 203 of this title. § 210. Court review of wage orders in Puerto Rico and the Virgin Islands (a) Any person aggrieved by an order of the Secretary issued under section 208 1 of this title may obtain a review of such order in the United States Court of Appeals for any circuit wherein such person resides or has his principal place of business, or in the United States Court of Ap- peals for the District of Columbia, by filing in such court, within 60 days after the entry of such order a written petition praying that the order of the Secretary be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Secretary, and thereupon the Sec- retary shall file in the court the record of the industry committee upon which the order com- plained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify (including provision for the pay- ment of an appropriate minimum wage rate), or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by such industry committee when supported by substantial evidence shall be conclusive. No objection to the order of the Sec- retary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reason- able grounds for failure so to do. If application is made to the court for leave to adduce addi- tional evidence, and it is shown to the satisfac- tion of the court that such additional evidence may materially affect the result of the pro- ceeding and that there were reasonable grounds for failure to adduce such evidence in the pro- ceedings before such industry committee, the court may order such additional evidence to be taken before an industry committee and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Such industry committee may modify the initial findings by reason of the addi- tional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be con- clusive, and shall also file its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (b) The commencement of proceedings under subsection (a) shall not, unless specifically or- dered by the court, operate as a stay of the Ad- ministrator’s order. The court shall not grant any stay of the order unless the person com- plaining of such order shall file in court an un- dertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensa- tion such employees are entitled to receive under the order exceeds the compensation they actually receive while such stay is in effect. (June 25, 1938, ch. 676, § 10, 52 Stat. 1065; Aug. 12, 1955, ch. 867, § 5(f), 69 Stat. 712; Pub. L. 85–791, § 22, Aug. 28, 1958, 72 Stat. 948; Pub. L. 93–259, § 5(c)(2), Apr. 8, 1974, 88 Stat. 58.) Editorial Notes REFERENCES IN TEXT Section 208 of this title, referred to in subsec. (a), was repealed by Pub. L. 110–28, title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189. AMENDMENTS 1974—Subsec. (a). Pub. L. 93–259 inserted ‘‘(including provision for the payment of an appropriate minimum wage rate)’’ in third sentence after ‘‘modify’’. 1958—Subsec. (a). Pub. L. 85–791 substituted ‘‘trans- mitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record of the industry committee’’ for ‘‘served upon the Secretary, and thereupon the Secretary shall certify and file in the court a transcript of the record’’ in sec- ond sentence, and inserted ‘‘as provided in section 2112 of title 28’’, and substituted ‘‘petition’’ for ‘‘transcript’’ in third sentence. 1955—Subsec. (a). Act Aug. 12, 1955, amended subsec. (a) generally to make subsection conform to new proce- dure applicable to Puerto Rico and Virgin Islands. 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. DEFINITION OF ‘‘ADMINISTRATOR’’ The term ‘‘Administrator’’ as meaning the Adminis- trator of the Wage and Hour Division, see section 204 of this title. 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.