29 U.S.C. § 217 — Injunction proceedings

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 Repealed.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. Page 108 TITLE 29—LABOR § 218 TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by 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, ef- fective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 218. Relation to other laws (a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance es- tablishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the max- imum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify non- compliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable min- imum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter. (b) Notwithstanding any other provision of this chapter (other than section 213(f) of this title) or any other law— (1) any Federal employee in the Canal Zone engaged in employment of the kind described in section 5102(c)(7) of title 5, or (2) any employee employed in a non- appropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or ad- justed at a wage rate that is not less than the appropriate wage rate provided for in section 206(a)(1) of this title (except that the wage rate provided for in section 206(b) of this title shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime com- pensation set at an hourly rate not less than the overtime rate provided for in section 207(a)(1) of this title. (June 25, 1938, ch. 676, § 18, 52 Stat. 1069; Pub. L. 89–601, title III, § 306, Sept. 23, 1966, 80 Stat. 841; Pub. L. 90–83, § 8, Sept. 11, 1967, 81 Stat. 222.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1967—Subsec. (b). Pub. L. 90–83 substituted reference to section 5102(c)(7) of title 5 for reference to par. (7) of section 202 of the Classification Act of 1949 to reflect the amendment of section 5341(a) of title 5 by section 1(97) of Pub. L. 90–83 and struck out provision covering employees described in section 7474 of title 10 in view of the repeal of section 7474 of title 10 by Pub. L. 89–554. 1966—Pub. L. 89–601 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–601 effective Feb. 1, 1967, except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title. RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966 AMENDMENTS Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the en- actment of Pub. L. 89–601, Sept. 23, 1966, with regard to the amendments made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title. § 218a. Repealed. Pub. L. 114–74, title VI, § 604, Nov. 2, 2015, 129 Stat. 599 Section, act June 25, 1938, ch. 676, § 18A, as added Pub. L. 111–148, title I, § 1511, Mar. 23, 2010, 124 Stat. 252, re- lated to automatic enrollment for employees of large employers. § 218b. Notice to employees (a) In general In accordance with regulations promulgated by the Secretary, an employer to which this chapter applies, shall provide to each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), written notice— (1) informing the employee of the existence of an Exchange, including a description of the services provided by such Exchange, and the manner in which the employee may contact the Exchange to request assistance; (2) if the employer plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of title 26 and a cost sharing reduction under section 18071 of title 42 if the employee purchases a qualified health plan through the Exchange; and (3) if the employee purchases a qualified health plan through the Exchange, the em- ployee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such con- tribution may be excludable from income for Federal income tax purposes. (b) Effective date Subsection (a) shall take effect with respect to employers in a State beginning on March 1, 2013. (June 25, 1938, ch. 676, § 18B, as added and amend- ed Pub. L. 111–148, title I, § 1512, title X, § 10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914; Pub. L. 112–10, div. B, title VIII, § 1858(c), Apr. 15, 2011, 125 Stat. 169.)