29 U.S.C. § 208 — Untitled legal text

Page 85 TITLE 29—LABOR § 209 ‘‘(ii) designed or used to transport more than 15 passengers (including the driver) and not used to transport passengers for compensation; or ‘‘(iii) used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of title 49, United States Code, and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103 of title 49, United States Code; and ‘‘(3) who performs duties on motor vehicles weigh- ing 10,000 pounds or less.’’ LIABILITY OF EMPLOYERS Pub. L. 106–202, § 2(d), May 18, 2000, 114 Stat. 309, pro- vided that: ‘‘No employer shall be liable under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.] for any failure to include in an employee’s regular rate (as defined for purposes of such Act) any income or value derived from employer-provided grants or rights ob- tained pursuant to any stock option, stock apprecia- tion right, or employee stock purchase program if— ‘‘(1) the grants or rights were obtained before the effective date described in subsection (c) [set out as an Effective Date of 2000 Amendment note above]; ‘‘(2) the grants or rights were obtained within the 12-month period beginning on the effective date de- scribed in subsection (c), so long as such program was in existence on the date of enactment of this Act [May 18, 2000] and will require shareholder approval to modify such program to comply with section 7(e)(8) of the Fair Labor Standards Act of 1938 [29 U.S.C. 207(e)(8)] (as added by the amendments made by subsection (a)); or ‘‘(3) such program is provided under a collective bargaining agreement that is in effect on the effec- tive date described in subsection (c).’’ COMPENSATORY TIME; COLLECTIVE BARGAINING AGREEMENTS IN EFFECT ON APRIL 15, 1986 Pub. L. 99–150, § 2(b), Nov. 13, 1985, 99 Stat. 788, pro- vided that: ‘‘A collective bargaining agreement which is in effect on April 15, 1986, and which permits compen- satory time off in lieu of overtime compensation shall remain in effect until its expiration date unless other- wise modified, except that compensatory time shall be provided after April 14, 1986, in accordance with section 7(o) of the Fair Labor Standards Act of 1938 (as added by subsection (a)) [29 U.S.C. 207(o)].’’ DEFERMENT OF MONETARY OVERTIME COMPENSATION Pub. L. 99–150, § 2(c)(2), Nov. 13, 1985, 99 Stat. 789, pro- vided that a State, political subdivision of a State, or interstate governmental agency could defer until Aug. 1, 1986, the payment of monetary overtime compensa- tion under this section for hours worked after Apr. 14, 1986. 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. 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. STUDY BY SECRETARY OF LABOR OF EXCESSIVE OVERTIME Pub. L. 89–601, title VI, § 603, Sept. 23, 1966, 80 Stat. 844, directed Secretary of Labor to make a complete study of practices dealing with overtime payments for work in excess of forty hours per week and the extent to which such overtime work impeded the creation of new job opportunities in American industry and in- structed him to report to the Congress by July 1, 1967, the findings of such survey with appropriate rec- ommendations. 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 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. EX. ORD. NO. 9607. FORTY-EIGHT HOUR WARTIME WORKWEEK Ex. Ord. No. 9607, Aug. 30, 1945, 10 F.R. 11191, provided: By virtue of the authority vested in me by the Con- stitution and statutes as President of the United States it is ordered that Executive Order 9301 of February 9, 1943 [8 F.R. 1825] (formerly set out as note under this section), establishing a minimum wartime workweek of forty-eight hours, be, and it is hereby, revoked. HARRY S. TRUMAN. § 208. Repealed. Pub. L. 110–28, title VIII, § 8103(c)(1)(A), May 25, 2007, 121 Stat. 189 Section, acts June 25, 1938, ch. 676, § 8, 52 Stat. 1064; Oct. 26, 1949, ch. 736, § 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, §§ 4, 5(b)–(e), 69 Stat. 711, 712; Pub. L. 85–750, Aug. 25, 1958, 72 Stat. 844; Pub. L. 87–30, § 7, May 5, 1961, 75 Stat. 70; Pub. L. 93–259, § 5(c)(1), (d), Apr. 8, 1974, 88 Stat. 58; Pub. L. 95–151, § 2(d)(3), Nov. 1, 1977, 91 Stat. 1246; Pub. L. 101–157, § 4(c), Nov. 17, 1989, 103 Stat. 940; Pub. L. 101–583, § 1, Nov. 15, 1990, 104 Stat. 2871, related to wage orders in American Samoa. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 60 days after May 25, 2007, see section 8103(c)(2) of Pub. L. 110–28, set out as an Effective Date of 2007 Amendment note under section 206 of this title. § 209. Attendance of witnesses For the purpose of any hearing or investiga- tion provided for in this chapter, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, papers, and documents), are made appli- cable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees. (June 25, 1938, ch. 676, § 9, 52 Stat. 1065; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.)