29 U.S.C. § 209 — Attendance of witnesses

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.) 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.