I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 11:47:29. Database: USCODE Search: (29:CITE) ------DocID 37563 Document 1 of 944------ -CITE- 29 USC TITLE 29 -EXPCITE- TITLE 29 -HEAD- TITLE 29 - LABOR -MISC1- Chap. Sec. 1. Labor Statistics 1 2. Women's Bureau 11 2A. Children's Bureau (Transferred) 18 3. National Trade Unions (Repealed) 21 4. Vocational Rehabilitation of Persons Injured in Industry (Repealed or Omitted) 31 4A. Employment Stabilization (Omitted or Repealed) 48 4B. Federal Employment Service 49 4C. Apprentice Labor 50 5. Labor Disputes; Mediation and Injunctive Relief 51 6. Jurisdiction of Courts in Matters Affecting Employer and Employee 101 7. Labor-Management Relations 141 8. Fair Labor Standards 201 9. Portal-to-Portal Pay 251 10. Disclosure of Welfare and Pension Plans (Repealed) 301 11. Labor-Management Reporting and Disclosure Procedure 401 12. Department of Labor 551 13. Exemplary Rehabilitation Certificates (Repealed) 601 14. Age Discrimination in Employment 621 15. Occupational Safety and Health 651 16. Vocational Rehabilitation and Other Rehabilitation Services 701 17. Comprehensive Employment and Training Programs (Repealed) 801 18. Employee Retirement Income Security Program 1001 19. Job Training Partnership 1501 20. Migrant and Seasonal Agricultural Worker Protection 1801 21. Helen Keller National Center for Deaf-Blind Youths and Adults 1901 22. Employee Polygraph Protection 2001 23. Worker Adjustment and Retraining Notification 2101 24. Technology Related Assistance for Individuals With Disabilities 2201 25. Displaced Homemakers Self-Sufficiency Assistance 2301 -CROSS- CROSS REFERENCES Hours of service on public works, see section 327 et seq. of Title 40, Public Buildings, Property, and Works. Hours of service on railroads, see section 61 et seq. of Title 45, Railroads. Injuries to employees of railroads, see section 51 et seq. of Title 45. ------DocID 8013 Document 2 of 944------ -CITE- 5 USC CHAPTER 29 -EXPCITE- TITLE 5 PART III Subpart A CHAPTER 29 -HEAD- CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS -MISC1- SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS Sec. 2901. Commission of an officer. 2902. Commission; where recorded. 2903. Oath; authority to administer. 2904. Oath; administered without fees. 2905. Oath; renewal. 2906. Oath; custody. SUBCHAPTER II - REPORTS 2951. Reports to the Office of Personnel Management. 2952. Time of making annual reports. 2953. Reports to Congress on additional employee requirements. 2954. Information to committees of Congress on request. AMENDMENTS 1978 - Pub. L. 95-454, title IX, Sec. 906(a)(16), Oct. 13, 1978, 92 Stat. 1226, substituted 'Office of Personnel Management' for 'Civil Service Commission' in item 2951. ------DocID 9767 Document 3 of 944------ -CITE- 7 USC CHAPTER 29 -EXPCITE- TITLE 7 CHAPTER 29 -HEAD- CHAPTER 29 - POTATO ACT OF 1935 ------DocID 14616 Document 4 of 944------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 29 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PETITIONS FOR NEW TRIAL -HEAD- Rule 29. Filing, Notice, and Briefs -STATUTE- (a) Filing. A petition for new trial will be filed with the Judge Advocate General of the service concerned, who, if the case is pending before this court, will transmit it, together with four copies, to the Clerk's office for filing with the Court. (b) Notice. Upon receipt of a petition for new trial transmitted by the Judge Advocate General, the Clerk will notify all counsel of record of such fact. (c) Briefs. A brief in support of a petition for new trial, unless expressly incorporated in the petition, will be filed substantially in the form specified in Rule 24 no later than 30 days after the issuance by the Clerk of a notice of the filing of the petition. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed no later than 10 days after the filing of the appellee's answer. (d) Special master. The Court may refer a petition for new trial to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 U.S.C.M.A. 147 (1967). ------DocID 15161 Document 5 of 944------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 29 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 29. - Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined With Notice Thereof -STATUTE- (CAPTION AS IN FORM NO. 1) ORDER APPROVING DISCLOSURE STATEMENT AND FIXING TIME FOR FILING ACCEPTANCES OR REJECTIONS OF PLAN, COMBINED WITH NOTICE THEREOF A disclosure statement under chapter 11 of the Bankruptcy Code having been filed by XXXXXX, on XXXXXX (if appropriate, and by XXXXXX, on XXXXXX), referring to a plan under chapter 11 of the Code filed by XXXXXX, on XXXXXX (if appropriate, and by XXXXXX, on XXXXXX respectively) (if appropriate, as modified by a modification filed on XXXXXX); and It having been determined after hearing on notice that the disclosure statement (or statements) contain(s) adequate information; It is ordered, and notice is hereby given, that: A. The disclosure statement filed by XXXXXX dated XXXXXX (if appropriate, and by XXXXXX, dated XXXXXX) is (are) approved. B. XXXXXX is fixed as the last day for filing written acceptances or rejections of the plan (or plans) referred to above. C. Within XXX days after the entry of this order, the plan (or plans) (or a summary or summaries thereof approved by the court), (if appropriate a summary approved by the court of its opinion, if any, dated XXXXXX, approving the disclosure statement (or statements)), the disclosure statement (or statements) and a ballot conforming to Official Form No. 29 shall be transmitted by mail to creditors, equity security holders and other parties in interest as provided in Rule 3017(d). D. If acceptances are filed for more than one plan, preferences among the plans so accepted may be indicated. (If appropriate) E. XXXXXX is fixed for the hearing on confirmation of the plan (or plans). (If appropriate) F. XXXXXX is fixed as the last day for filing and serving pursuant to Rule 3020(b)(1) written objections to confirmation of the plan. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. (If the court directs that a copy of the opinion should be transmitted in lieu of or in addition to the summary thereof, the appropriate change should be made in paragraph C of this order.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is new. As provided in Sec. 1125 of the Code, a disclosure statement must be approved by the court prior to the solicitation of votes to a plan. This form may be used for such approval, to give notice of the time fixed for filing acceptances or rejections and the time fixed for the hearing on confirmation if such a time has been fixed. ------DocID 15198 Document 6 of 944------ -CITE- 12 USC Sec. 29 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 29. Power to hold real property -STATUTE- A national banking association may purchase, hold, and convey real estate for the following purposes, and for no others: First. Such as shall be necessary for its accommodation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it. But no such association shall hold the possession of any real estate under mortgage, or the title and possession of any real estate purchased to secure any debts due to it, for a longer period than five years except as otherwise provided in this section. For real estate in the possession of a national banking association upon application by the association, the Comptroller of the Currency may approve the possession of any such real estate by such association for a period longer than five years, but not to exceed an additional five years, if (1) the association has made a good faith attempt to dispose of the real estate within the five-year period, or (2) disposal within the five-year period would be detrimental to the association. Upon notification by the association to the Comptroller of the Currency that such conditions exist that require the expenditure of funds for the development and improvement of such real estate, and subject to such conditions and limitations as the Comptroller of the Currency shall prescribe, the association may expend such funds as are needed to enable such association to recover its total investment. Notwithstanding the five-year holding limitation of this section or any other provision of title 62 of the Revised Statutes, any national banking association which on October 15, 1982, held, directly or indirectly, real estate, including any subsurface rights or interests therein, that since December 31, 1979, had not been valued on the books of such association for more than a nominal amount, may continue to hold such real estate, rights, or interests for such longer period of time as would be permitted a State chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such real estate, rights, or interests is separately disclosed in the annual financial statements of the association. -SOURCE- (R.S. Sec. 5137; Feb. 25, 1927, ch. 191, Sec. 3, 44 Stat. 1227; Mar. 31, 1980, Pub. L. 96-221, title VII, Sec. 701(a), 94 Stat. 186; July 27, 1981, Pub. L. 97-25, title III, Sec. 302, 95 Stat. 145; Oct. 15, 1982, Pub. L. 97-320, title IV, Sec. 413, 96 Stat. 1521.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in last par., was in the original 'this title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5137 derived from act June 3, 1864, ch. 106, Sec. 28, 13 Stat. 107, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1982 - Pub. L. 97-320 substituted 'Notwithstanding the five-year holding limitation of this section or any other provision of title 62 of the Revised Statutes, any national banking association which on October 15, 1982, held, directly or indirectly, real estate, including any subsurface rights or interests therein, that since December 31, 1979, had not been valued on the books of such association for more than a nominal amount, may continue to hold such real estate, rights, or interests for such longer period of time as would be permitted a State chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such real estate, rights, or interests is separately disclosed in the annual financial statements of the association' for 'Notwithstanding any other provision of this section, any national banking association which, on July 27, 1981, held title to and possession of real estate which was carried on the association's books at a nominal value on December 31, 1979, may continue to hold such real estate until December 31, 1982, if the earnings from such real estate are separately disclosed in the financial statements of the association'. 1981 - Pub. L. 97-25 inserted provision that any national banking association which, on July 27, 1981, held title to and possession of real estate which was carried on the association's books at a nominal value on December 31, 1979, may continue to hold such real estate until December 31, 1982, if the earnings from such real estate are separately disclosed in the financial statements of the association. 1980 - Pub. L. 96-221 inserted provisions relating to authorization to hold real estate in the possession of a national banking association upon application by the association. 1927 - Par. First. Act Feb. 25, 1927, struck out 'immediate,' before 'accommodation,' in par. First. -CROSS- CROSS REFERENCES Corporate powers of associations, see section 24 of this title. Real estate, forest tract, construction and commercial loans by national banking associations, see section 371 of this title. ------DocID 16708 Document 7 of 944------ -CITE- 12 USC CHAPTER 29 -EXPCITE- TITLE 12 CHAPTER 29 -HEAD- CHAPTER 29 - HOME MORTGAGE DISCLOSURE -MISC1- Sec. 2801. Congressional findings and declaration of purpose. (a) Findings of Congress. (b) Purpose of chapter. (c) Construction of chapter. 2802. Definitions. 2803. Maintenance of records and public disclosure. (a) Duty of depository institutions; nature and content of information. (b) Itemization of loan data. (c) Period of maintenance. (d) Duration of disclosure requirements. (e) Format for disclosures. (f) Data disclosure system; operation, etc. (g) Exceptions. (h) Submission to agencies. (i) Exemption from certain disclosure requirements. 2804. Enforcement. (a) Regulations. (b) Powers of certain other agencies. (c) Violations of this chapter deemed violations of certain other provisions. 2805. Relation to State laws. 2806. Research and improved methods; authorization of appropriations; recommendations to Congressional committees. 2807. Report. 2808. Effective date. 2809. Compilation of aggregate data. (a) Commencement; scope of data and tables. (b) Staff and data processing resources. (c) Availability to public. 2810. Disclosure by Secretary; commencement, scope, etc. 2811. Repealed. ------DocID 17472 Document 8 of 944------ -CITE- 15 USC Sec. 29 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 29. Appeals -STATUTE- (a) Court of appeals; review by Supreme Court Except as otherwise expressly provided by this section, in every civil action brought in any district court of the United States under the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgement entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review by the Supreme Court upon a writ of certiorari as provided in section 1254(1) of title 28. (b) Direct appeals to Supreme Court An appeal from a final judgment pursuant to subsection (a) of this section shall lie directly to the Supreme Court, if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispose of the appeal and any cross appeal in the same manner as any other direct appeal authorized by law, or (2) in its discretion, deny the direct appeal and remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal and any cross appeal therein had been docketed in the court of appeals in the first instance pursuant to subsection (a) of this section. -SOURCE- (Feb. 11, 1903, ch. 544, Sec. 2, 32 Stat. 823; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272; June 25, 1948, ch. 646, Sec. 17, 62 Stat. 989; Dec. 21, 1974, Pub. L. 93-528, Sec. 5, 88 Stat. 1709.) -REFTEXT- REFERENCES IN TEXT The Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, referred to in subsec. (a), is known as the Sherman Act, and is classified to sections 1 to 7 of this title. -COD- CODIFICATION Section was previously set out in both this section and in section 45 of former Title 49, Transportation. -MISC3- AMENDMENTS 1974 - Pub. L. 93-528 substituted provisions for appeals to the court of appeals from civil actions in district courts where equitable relief is sought, review by the Supreme Court of judgments of courts of appeals, and for direct appeals to the Supreme Court of cases involving general public importance, for provisions that appeals from final judgments of district courts lie to the Supreme Court only. 1948 - Act June 25, 1948, amended section generally to strike out provisions relating to time for appeal, procedure, etc. See sections 2101 and 2109 of Title 28, Judiciary and Judicial Procedure. 1944 - Act June 9, 1944, provided for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for designation of circuit judges in the event of disqualification from hearing the case. -CHANGE- CHANGE OF NAME Act Mar. 3, 1911, which transferred the powers and duties of the circuit courts to the district courts, substituted 'district court' for 'circuit court'. -MISC4- EFFECTIVE DATE OF 1974 AMENDMENT Section 7 of Pub. L. 93-528 provided that: 'The amendment made by section 5 of this Act (amending this section) shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act (Dec. 21, 1974). Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; (former) 49 U.S.C. 45) which were in effect on the day preceding the date of enactment of this Act.' EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. EFFECTIVE DATE OF 1944 AMENDMENT The last paragraph of act June 9, 1944, provided: 'This Act (this section) shall apply to every case pending before the Supreme Court of the United States on the date of its enactment (June 9, 1944).' SHORT TITLE Act Feb. 11, 1903, which enacted sections 28 and 29 of this title, is commonly known as the 'Expediting Act'. -CROSS- CROSS REFERENCES Direct appeals from decisions of three-judge courts, see section 1253 of Title 28, Judiciary and Judicial Procedure. Time for appeal to Supreme Court, see section 2101 of Title 28. ------DocID 17771 Document 9 of 944------ -CITE- 15 USC Sec. 80a-29 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-29. Reports and financial statements of investment companies and affiliated persons -STATUTE- (a) Annual report by company Every registered investment company shall file annually with the Commission such information, documents, and reports as investment companies having securities registered on a national securities exchange are required to file annually pursuant to section 78m(a) of this title and the rules and regulations issued thereunder. (b) Semi-annual or quarterly filing of information; copies of periodic or interim reports sent to security holders Every registered investment company shall file with the Commission - (1) such information and documents (other than financial statements) as the Commission may require, on a semi-annual or quarterly basis, to keep reasonably current the information and documents contained in the registration statement of such company filed under this subchapter; and (2) copies of every periodic or interim report or similar communication containing financial statements and transmitted to any class of such company's security holders, such copies to be filed not later than ten days after such transmission. Any information or documents contained in a report or other communication to security holders filed pursuant to paragraph (2) of this subsection may be incorporated by reference in any report subsequently or concurrently filed pursuant to paragraph (1) of this subsection. (c) Reports under this section in lieu of reports under other provisions of law The Commission shall issue rules and regulations permitting the filing with the Commission, and with any national securities exchange concerned, of copies of periodic reports, or of extracts therefrom, filed by any registered investment company pursuant to subsections (a) and (b) of this section, in lieu of any reports and documents required of such company under section 78m or 78o(d) of this title. (d) Semi-annual reports to stockholders Every registered investment company shall transmit to its stockholders, at least semi-annually, reports containing such of the following information and financial statements or their equivalent, as of a reasonably current date, as the Commission may prescribe by rules and regulations for the protection of investors, which reports shall not be misleading in any material respect in the light of the reports required to be filed pursuant to subsections (a) and (b) of this section: (1) a balance sheet accompanied by a statement of the aggregate value of investments on the date of such balance sheet; (2) a list showing the amounts and values of securities owned on the date of such balance sheet; (3) a statement of income, for the period covered by the report, which shall be itemized at least with respect to each category of income and expense representing more than 5 per centum of total income or expense; (4) a statement of surplus, which shall be itemized at least with respect to each charge or credit to the surplus account which represents more than 5 per centum of the total charges or credits during the period covered by the report; (5) a statement of the aggregate remuneration paid by the company during the period covered by the report (A) to all directors and to all members of any advisory board for regular compensation; (B) to each director and to each member of an advisory board for special compensation; (C) to all officers; and (D) to each person of whom any officer or director of the company is an affiliated person; and (6) a statement of the aggregate dollar amounts of purchases and sales of investment securities, other than Government securities, made during the period covered by the report: Provided, That if in the judgment of the Commission any item required under this subsection is inapplicable or inappropriate to any specified type or types of investment company, the Commission may by rules and regulations permit in lieu thereof the inclusion of such item of a comparable character as it may deem applicable or appropriate to such type or types of investment company. (e) Certificate of independent public accountants Financial statements contained in annual reports required pursuant to subsections (a) and (d) of this section, if required by the rules and regulations of the Commission, shall be accompanied by a certificate of independent public accountants. The certificate of such independent public accountants shall be based upon an audit not less in scope or procedures followed than that which independent public accountants would ordinarily make for the purpose of presenting comprehensive and dependable financial statements, and shall contain such information as the Commission may prescribe, by rules and regulations in the public interest or for the protection of investors, as to the nature and scope of the audit and the findings and opinion of the accountants. Each such report shall state that such independent public accountants have verified securities owned, either by actual examination, or by receipt of a certificate from the custodian, as the Commission may prescribe by rules and regulations. (f) Duties and liabilities of affiliated persons Every person who is directly or indirectly the beneficial owner of more than 10 per centum of any class of outstanding securities (other than short-term paper) of which a registered closed-end company is the issuer or who is an officer, director, member of an advisory board, investment adviser, or affiliated person of an investment adviser of such a company shall in respect of his transactions in any securities of such company (other than short-term paper) be subject to the same duties and liabilities as those imposed by section 78p of this title upon certain beneficial owners, directors, and officers in respect of their transactions in certain equity securities. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 30, 54 Stat. 836.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Authority of commission as to reports, etc., to be filed or accounting policies, see section 80a-2 of this title. Notice of opportunity to file or correct report after failure to file or defective filing, see section 80a-8 of this title. Preservation of accounts and records for financial statements, see section 80a-30 of this title. Reports by registered investment company in lieu of registration statement, see section 80a-24 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-2, 80a-6, 80a-8, 80a-24, 80a-30, 80a-63 of this title. ------DocID 18462 Document 10 of 944------ -CITE- 15 USC CHAPTER 29 -EXPCITE- TITLE 15 CHAPTER 29 -HEAD- CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES -MISC1- Sec. 1241. Definitions. 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty. 1243. Manufacture, sale, or possession within specific jurisdictions; penalty. 1244. Exceptions. 1245. Ballistic knives. (a) Prohibition and penalties for possession, manufacture, sale, or importation. (b) Prohibition and penalties for possession or use during commission of Federal crime of violence. (c) Exceptions. (d) 'Ballistic knife' defined. ------DocID 19653 Document 11 of 944------ -CITE- 16 USC Sec. 27 to 29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner (now magistrate judges). See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure. Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28. Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners (now magistrate judges), marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28. ------DocID 21122 Document 12 of 944------ -CITE- 16 USC Sec. 460m-29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-29. Glade Creek visitor facility -STATUTE- In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1116, as added Pub. L. 100-534, title I, Sec. 105, Oct. 26, 1988, 102 Stat. 2702.) ------DocID 22914 Document 13 of 944------ -CITE- 16 USC CHAPTER 29 -EXPCITE- TITLE 16 CHAPTER 29 -HEAD- CHAPTER 29 - WATER BANK PROGRAM FOR WETLANDS PRESERVATION -MISC1- Sec. 1301. Congressional declaration of policy; authority of Secretary. 1302. Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; wetlands defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs. 1303. Terms of agreement; required provisions. 1304. Annual payment; adjustment. 1305. Renewal or extension of agreement; participation of subsequent owner or operator in program. 1306. Termination or modification of agreements. 1307. Utilization of services and facilities. 1308. Advisory Board; appointment; functions; membership; reimbursement for expenses. 1309. Consultation with Secretary of the Interior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs. 1310. Authorization of appropriations; maximum amount of payments pursuant to agreements. 1311. Rules and regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1501, 1503, 3839 of this title; title 26 section 126. ------DocID 23982 Document 14 of 944------ -CITE- 18 USC CHAPTER 29 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES -MISC1- Sec. (591. Repealed.) 592. Troops at polls. 593. Interference by armed forces. 594. Intimidation of voters. 595. Interference by administrative employees of Federal, State, or Territorial Governments. 596. Polling armed forces. 597. Expenditures to influence voting. 598. Coercion by means of relief appropriations. 599. Promise of appointment by candidate. 600. Promise of employment or other benefit for political activity. 601. Deprivation of employment or other benefit for political contribution. 602. Solicitation of political contributions. 603. Making political contributions. 604. Solicitation from persons on relief. 605. Disclosure of names of persons on relief. 606. Intimidation to secure political contributions. 607. Place of solicitation. 608. Absent uniformed services voters and overseas voters. 609. Use of military authority to influence vote of member of Armed Forces. (610 to 617. Repealed.) SENATE REVISION AMENDMENT By Senate amendment, item 610 was changed to read, '610. Contributions or expenditures by national banks, corporations, or labor organizations'. See Senate Report No. 1620, amendment Nos. 4 and 5, 80th Cong. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3516, Nov. 29, 1990, 104 Stat. 4923, substituted 'Making political contributions' for 'Place of solicitation' in item 603 and 'Place of solicitation' for 'Making political contributions' in item 607. 1986 - Pub. L. 99-410, title II, Sec. 202(b), Aug. 28, 1986, 100 Stat. 929, added items 608 and 609. 1980 - Pub. L. 96-187, title II, Sec. 201(a)(2), Jan. 8, 1980, 93 Stat. 1367, struck out item 591 'Definitions'. 1976 - Pub. L. 94-453, Sec. 2, Oct. 2, 1976, 90 Stat. 1517, substituted 'political contribution' for 'political activity' in item 601. Pub. L. 94-283 title II, Sec. 201(b), May 11, 1976, 90 Stat. 496, struck out items '608. Limitations on contributions and expenditures', '610. Contributions or expenditures by national banks, corporations or labor organizations', '611. Contributions by Government contractors', '612. Publication or distribution of political statements', '613. Contributions by foreign nationals', '614. Prohibition of contributions in name of another', '615. Limitation on contributions of currency', '616. Acceptance of excessive honorariums', and '617. Fraudulent misrepresentation of campaign authority'. 1974 - Pub. L. 93-443, title I, Sec. 101(d)(4)(B), (f)(3), Oct. 15, 1974, 88 Stat. 1267, 1268, substituted 'Contributions by foreign nationals' for 'Contributions by agents of foreign principals' in item 613, and added items 614 to 617. 1972 - Pub. L. 92-225, title II, Sec. 207, Feb. 7, 1972, 86 Stat. 11, substituted 'contributions and expenditures' for 'political contributions and purchases' in item 608, 'Repealed' for 'Maximum contributions and expenditures' in item 609, and 'Government contractors' for 'firms or individuals contracting with the United States' in item 611. 1966 - Pub. L. 89-486, Sec. 8(c)(1), July 4, 1966, 80 Stat. 249, added item 613. STATE LAWS AFFECTED; DEFINITIONS Section 104 of Pub. L. 93-443 provided that: '(a) The provisions of chapter 29 of title 18, United States Code, relating to elections and political activities, supersede and preempt any provision of State law with respect to election to Federal office. '(b) For purposes of this section, the terms 'election', 'Federal office', and 'State' have the meanings given them by section 591 of title 18, United States Code.' ------DocID 25114 Document 15 of 944------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 29 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 29. Motion for Judgment of Acquittal -STATUTE- (a) Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the government is not granted, the defendant may offer evidence without having reserved the right. (b) Reservation of Decision on Motion. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. (c) Motion After Discharge of Jury. If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 7 days after the jury is discharged or within such further time as the court may fix during the 7-day period. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury. (d) Same: Conditional Ruling on Grant of Motion. If a motion for judgment of acquittal after verdict of guilty under this Rule is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed, specifying the grounds for such determination. If the motion for a new trial is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial has been granted conditionally and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. If such motion has been denied conditionally, the appellee on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 10, 1986, Pub. L. 99-646, Sec. 54(a), 100 Stat. 3607.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). 1. The purpose of changing the name of a motion for a directed verdict to a motion for judgment of acquittal is to make the nomenclature accord with the realities. The change of nomenclature, however, does not modify the nature of the motion or enlarge the scope of matters that may be considered. 2. The second sentence is patterned on New York Code of Criminal Procedure, sec. 410. 3. The purpose of the third sentence is to remove the doubt existing in a few jurisdictions on the question whether the defendant is deemed to have rested his case if he moves for a directed verdict at the close of the prosecution's case. The purpose of the rule is expressly to preserve the right of the defendant to offer evidence in his own behalf, if such motion is denied. This is a restatement of the prevailing practice, and is also in accord with the practice prescribed for civil cases by Rule 50(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). Note to Subdivision (b). This rule is in substance similar to Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C., Appendix, and permits the court to render judgment for the defendant notwithstanding a verdict of guilty. Some Federal courts have recognized and approved the use of a judgment non obstante veredicto for the defendant in a criminal case, Ex parte United States, 101 F.2d 870 (C.C.A. 7th), affirmed by an equally divided court, United States v. Stone, 308 U.S. 519. The rule sanctions this practice. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - A minor change has been made in the caption. Subdivision (b). - The last three sentences are deleted with the matters formerly covered by them transferred to the new subdivision (c). Subdivision (c). - The new subdivision makes several changes in the former procedure. A motion for judgment of acquittal may be made after discharge of the jury whether or not a motion was made before submission to the jury. No legitimate interest of the government is intended to be prejudiced by permitting the court to direct an acquittal on a post-verdict motion. The constitutional requirement of a jury trial in criminal cases is primarily a right accorded to the defendant. Cf. Adams v. United States, ex rel. McCann, 317 U.S. 269 (1942); Singer v. United States, 380 U.S. 24 (1965); Note, 65 Yale L.J. 1032 (1956). The time in which the motion may be made has been changed to 7 days in accordance with the amendment to Rule 45(a) which by excluding Saturday from the days to be counted when the period of time is less than 7 days would make 7 days the normal time for a motion required to be made in 5 days. Also the court is authorized to extend the time as is provided for motions for new trial (Rule 33) and in arrest of judgment (Rule 34). References in the original rule to the motion for a new trial as an alternate to the motion for judgment of acquittal and to the power of the court to order a new trial have been eliminated. Motions for new trial are adequately covered in Rule 33. Also the original wording is subject to the interpretation that a motion for judgment of acquittal gives the court power to order a new trial even though the defendant does not wish a new trial and has not asked for one. 1986 AMENDMENT Subd. (d). Pub. L. 99-646 added subd. (d). EFFECTIVE DATE OF 1986 AMENDMENT Section 54(b) of Pub. L. 99-646 provided that: 'The amendments made by this section (amending this rule) shall take effect 30 days after the date of the enactment of this Act (Nov. 10, 1986).' ------DocID 25115 Document 16 of 944------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 29.1 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 29.1. Closing Argument -STATUTE- After the closing of evidence the prosecution shall open the argument. The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal. -SOURCE- (Added Apr. 22, 1974, eff. Dec. 1, 1975.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is designed to control the order of closing argument. It reflects the Advisory Committee's view that it is desirable to have a uniform federal practice. The rule is drafted in the view that fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply. NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court, Rule 29.1 is a new rule that was added to regulate closing arguments. It prescribes that the government shall make its closing argument and then the defendant shall make his. After the defendant has argued, the government is entitled to reply in rebuttal. B. Committee Action. The Committee endorses and adopts this proposed rule in its entirety. The Committee believes that as the Advisory Committee Note has stated, fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply. Rule 29.1 does not specifically address itself to what happens if the prosecution waives its initial closing argument. The Committee is of the view that the prosecutor, when he waives his initial closing argument, also waives his rebuttal. (See the remarks of Senior United States Circuit Judge J. Edward Lumbard in Hearings II, at 207.) EFFECTIVE DATE This rule effective Dec. 1, 1975, see section 2 of Pub. L. 94-64, set out as a note under rule 4 of these rules. ------DocID 25168 Document 17 of 944------ -CITE- 19 USC Sec. 29 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 29. Repealed. Aug. 26, 1935, ch. 689, Sec. 2, 49 Stat. 864 -MISC1- Section, act Mar. 15, 1898, ch. 68, Sec. 1, 30 Stat. 286, as supplemented by acts Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, related to administration of oaths by collectors and assistants. Act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, also repealed act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800, formerly credited to this section. ------DocID 26085 Document 18 of 944------ -CITE- 20 USC Sec. 29 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 29. Repealed. Pub. L. 86-624, Sec. 14(b)(1), July 12, 1960, 74 Stat. 413 -MISC1- Section, act Mar. 10, 1924, ch. 46, Sec. 4, 43 Stat. 18, extended benefits of chapter to Territory of Hawaii. EFFECTIVE DATE OF REPEAL Repeal applicable in the case of fiscal years beginning after June 30, 1960, see section 47(c) of Pub. L. 86-624, set out as an Effective Date of 1960 Amendment note under section 12 of this title. ------DocID 27013 Document 19 of 944------ -CITE- 20 USC CHAPTER 29 -EXPCITE- TITLE 20 CHAPTER 29 -HEAD- CHAPTER 29 - INTERNATIONAL STUDIES AND RESEARCH ------DocID 29025 Document 20 of 944------ -CITE- 22 USC Sec. 277d-29 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-29. Rio Grande canalization project; flood and sediment control; agreements authorized; control gates; costs; authorization of appropriations -STATUTE- For the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954, as amended (16 U.S.C. 1001 et seq.), for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of Said Commissioner, to facilitate and implement the operation and maintenance of said project. Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance. Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project. Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary. There is hereby authorized to be appropriated not in excess of $50,000 per annum for contributions to maintenance authorized by this section. -SOURCE- (Pub. L. 88-600, Sept. 18, 1964, 78 Stat. 956; Pub. L. 93-126, Sec. 7(c), Oct. 18, 1973, 87 Stat. 452.) -REFTEXT- REFERENCES IN TEXT The Watershed Protection and Flood Prevention Act of August 4, 1954, as amended, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which is classified generally to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. -MISC2- AMENDMENTS 1973 - Pub. L. 93-126 substituted '$50,000' for '$23,000'. ------DocID 30011 Document 21 of 944------ -CITE- 22 USC CHAPTER 29 -EXPCITE- TITLE 22 CHAPTER 29 -HEAD- CHAPTER 29 - CULTURAL AND TECHNICAL INTERCHANGE CENTERS -MISC1- SUBCHAPTER I - CENTER BETWEEN EAST AND WEST Sec. 2051 to 2053. Repealed. 2054. Statement of purpose. 2055. Duties of Director of United States Information Agency; establishment and operation of educational institution; grants, fellowships, and scholarships; availability of facilities. 2056. Administration. (a) Authority. (b) Gifts, bequests, and devises. (c) Report to Congress. 2057. Authorization of appropriations. SUBCHAPTER II - WESTERN HEMISPHERIC CENTER 2071, 2072. Repealed. SUBCHAPTER III - NORTH-SOUTH CENTER 2075. Center for Cultural and Technical Interchange Between North and South. (a) Short title. (b) Purpose. (c) North-South Center. (d) Authorities. (e) Authorization of appropriations. ------DocID 31507 Document 22 of 944------ -CITE- 24 USC Sec. 29, 29a -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 29, 29a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(45), 65 Stat. 703 -MISC1- Section 29, acts Mar. 15, 1920, ch. 100, Sec. 1, 41 Stat. 530; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to disposal of surplus material for the Public Health Service. See section 483 of Title 40, Public Buildings, Property, and Works. Section 29a, acts Mar. 15, 1920, ch. 100, Sec. 4, 41 Stat. 531; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to charges incurred in the disposal of surplus material. See section 484 of Title 40. ------DocID 32429 Document 23 of 944------ -CITE- 25 USC Sec. 640d-29 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-29. Restrictions on lobbying; exception -STATUTE- (a) Except as provided in subsection (b) of this section, no person or entity who has entered into a contract with the Commissioner to provide services under this subchapter may engage in activities designed to influence Federal legislation on any issue relating to the relocation required under this subchapter. (b) Subsection (a) of this section shall not apply to the Navajo Tribe or the Hopi Tribe, except that such tribes shall not spend any funds received from the Office in any activities designed to influence Federal legislation. -SOURCE- (Pub. L. 93-531, Sec. 31, as added Pub. L. 100-666, Sec. 5, Nov. 16, 1988, 102 Stat. 3931.) ------DocID 33428 Document 24 of 944------ -CITE- 25 USC CHAPTER 29 -EXPCITE- TITLE 25 CHAPTER 29 -HEAD- CHAPTER 29 - INDIAN GAMING REGULATION -MISC1- Sec. 2701. Findings. 2702. Declaration of policy. 2703. Definitions. 2704. National Indian Gaming Commission. (a) Establishment. (b) Composition; investigation; term of office; removal. (c) Vacancies. (d) Quorum. (e) Vice Chairman. (f) Meetings. (g) Compensation. 2705. Powers of Chairman. 2706. Powers of Commission. (a) Budget approval; civil fines; fees; subpoenas; permanent orders. (b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations. (c) Report. 2707. Commission staffing. (a) General Counsel. (b) Staff. (c) Temporary services. (d) Federal agency personnel. (e) Administrative support services. 2708. Commission; access to information. 2709. Interim authority to regulate gaming. 2710. Tribal gaming ordinances. (a) Jurisdiction over class I and class II gaming activity. (b) Regulation of class II gaming activity; net revenue allocation; audits; contracts. (c) Issuance of gaming license; certificate of self-regulation. (d) Class III gaming activities; authorization; revocation; Tribal-State compact. (e) Approval of ordinances. 2711. Management contracts. (a) Class II gaming activity; information on operators. (b) Approval. (c) Fee based on percentage of net revenues. (d) Period for approval; extension. (e) Disapproval. (f) Modification or voiding. (g) Interest in land. (h) Authority. (i) Investigation fee. 2712. Review of existing ordinances and contracts. (a) Notification to submit. (b) Approval or modification of ordinance or resolution. (c) Approval or modification of management contract. 2713. Civil penalties. (a) Authority; amount; appeal; written complaint. (b) Temporary closure; hearing. (c) Appeal from final decision. (d) Regulatory authority under tribal law. 2714. Judicial review. 2715. Subpoena and deposition authority. (a) Attendance, testimony, production of papers, etc. (b) Geographical location. (c) Refusal of subpoena; court order; contempt. (d) Depositions; notice. (e) Oath or affirmation required. (f) Witness fees. 2716. Investigative powers. (a) Confidential information. (b) Provision to law enforcement officials. (c) Attorney General. 2717. Commission funding. 2717a. Availability of class II gaming activity fees to carry out duties of Commission. 2718. Authorization of appropriations. 2719. Gaming on lands acquired after October 17, 1988. (a) Prohibition on lands acquired in trust by Secretary. (b) Exceptions. (c) Authority of Secretary not affected. (d) Application of title 26. 2720. Dissemination of information. 2721. Severability. ------DocID 33541 Document 25 of 944------ -CITE- 26 USC Sec. 29 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- Sec. 29. Credit for producing fuel from a nonconventional source -STATUTE- (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to - (1) $3, multiplied by (2) the barrel-of-oil equivalent of qualified fuels - (A) sold by the taxpayer to an unrelated person during the taxable year, and (B) the production of which is attributable to the taxpayer. (b) Limitations and adjustments (1) Phaseout of credit The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as - (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to (B) $6. (2) Credit and phaseout adjustment based on inflation The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. (3) Credit reduced for grants, tax-exempt bonds, and subsidized energy financing (A) In general The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction - (i) the numerator of which is the sum, for the taxable year and all prior taxable years, of - (I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, (II) proceeds of any issue of State or local government obligations used to provide financing for the project the interest on which is exempt from tax under section 103, and (III) the aggregate amount of subsidized energy financing (within the meaning of section 48(a)(4)(C)) provided in connection with the project, and (ii) the denominator of which is the aggregate amount of additions to the capital account for the project for the taxable year and all prior taxable years. (B) Amounts determined at close of year The amounts under subparagraph (A) for any taxable year shall be determined as of the close of the taxable year. (4) Credit reduced for energy credit The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1), (2), and (3)) shall be reduced by the excess of - (A) the aggregate amount allowed under section 38 for the taxable year or any prior taxable year by reason of the energy percentage with respect to property used in the project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A) - (i) under section 49(b) or 50(a) for the taxable year or any prior taxable year, or (ii) under this paragraph for any prior taxable year. The amount recaptured under section 49(b) or 50(a) with respect to any property shall be appropriately reduced to take into account any reduction in the credit allowed by this section by reason of the preceding sentence. (5) Credit reduced for enhanced oil recovery credit The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after application of paragraphs (1), (2), (3), and (4)) shall be reduced by the excess (if any) of - (A) the aggregate amount allowed under section 38 for the taxable year and any prior taxable year by reason of any enhanced oil recovery credit determined under section 43 with respect to such project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A) under this paragraph for any prior taxable year. (6) Application with other credits The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of - (A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27 and 28, over (B) the tentative minimum tax for the taxable year. (c) Definition of qualified fuels For purposes of this section - (1) In general The term 'qualified fuels' means - (A) oil produced from shale and tar sands, (B) gas produced from - (i) geopressured brine, Devonian shale, coal seams, or a tight formation, or (ii) biomass, and (C) liquid, gaseous, or solid synthetic fuels produced from coal (including lignite), including such fuels when used as feedstocks. (2) Gas from geopressured brine, etc. (A) In general Except as provided in subparagraph (B), the determination of whether any gas is produced from geopressured brine, Devonian shale, coal seams, or a tight formation shall be made in accordance with section 503 of the Natural Gas Policy Act of 1978. (B) Special rules for gas from tight formations The term 'gas produced from a tight formation' shall only include gas from a tight formation - (i) which, as of April 20, 1977, was committed or dedicated to interstate commerce (as defined in section 2(18) of the Natural Gas Policy Act of 1978, as in effect on the date of the enactment of this clause), or (ii) which is produced from a well drilled after such date of enactment. (3) Biomass The term 'biomass' means any organic material other than - (A) oil and natural gas (or any product thereof), and (B) coal (including lignite) or any product thereof. (d) Other definitions and special rules For purposes of this section - (1) Only production within the United States taken into account Sales shall be taken into account under this section only with respect to qualified fuels the production of which is within - (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (2) Computation of inflation adjustment factor and reference price (A) In general The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for the preceding calendar year in accordance with this paragraph. (B) Inflation adjustment factor The term 'inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GNP implicit price deflator for the calendar year and the denominator of which is the GNP implicit price deflator for calendar year 1979. The term 'GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Department of Commerce. (C) Reference price The term 'reference price' means with respect to a calendar year the Secretary's estimate of the annual average wellhead price per barrel for all domestic crude oil the price of which is not subject to regulation by the United States. (3) Production attributable to the taxpayer In the case of a property or facility in which more than 1 person has an interest, except to the extent provided in regulations prescribed by the Secretary, production from the property or facility (as the case may be) shall be allocated among such persons in proportion to their respective interests in the gross sales from such property or facility. (4) Gas from geopressured brine, Devonian shale, coal seams, or a tight formation The amount of the credit allowable under subsection (a) shall be determined without regard to any production attributable to a property from which gas from Devonian shale, coal seams, geopressured brine, or a tight formation was produced in marketable quantities before January 1, 1980. (5) Barrel-of-oil equivalent The term 'barrel-of-oil equivalent' with respect to any fuel means that amount of such fuel which has a Btu content of 5.8 million; except that in the case of qualified fuels described in subparagraph (C) of subsection (c)(1), the Btu content shall be determined without regard to any material from a source not described in such subparagraph. (6) Barrel defined The term 'barrel' means 42 United States gallons. (7) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such a person by another member of such group. (8) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Application with the Natural Gas Policy Act of 1978 (1) No credit if section 107 of the Natural Gas Policy Act of 1978 is utilized Subsection (a) shall apply with respect to any natural gas described in subsection (c)(1)(B)(i) which is sold during the taxable year only if such natural gas is sold at a lawful price which is determined without regard to the provisions of section 107 of the Natural Gas Policy Act of 1978 and subtitle B of title I of such Act. (2) Treatment of this section For purposes of section 107(d) of the Natural Gas Policy Act of 1978, this section shall not be treated as allowing any credit, exemption, deduction, or comparable adjustment applicable to the computation of any Federal tax. (f) Application of section This section shall apply with respect to qualified fuels - (1) which are - (A) produced from a well drilled after December 31, 1979, and before January 1, 1993, or (B) produced in a facility placed in service after December 31, 1979, and before January 1, 1993, and (2) which are sold before January 1, 2003. -SOURCE- (Added Pub. L. 96-223, title II, Sec. 231(a), Apr. 2, 1980, 94 Stat. 268, Sec. 44D, and amended Pub. L. 97-34, title VI Sec. 611(a), Aug. 13, 1981, 95 Stat. 339; Pub. L. 97-354, Sec. 5(a)(1), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-448, title II, Sec. 202(a), Jan. 12, 1983, 96 Stat. 2396; renumbered Sec. 29 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(h), title VI, Sec. 612(e)(1), title VII, Sec. 722(d)(1), (2), July 18, 1984, 98 Stat. 826, 831, 912, 973; Pub. L. 99-514, title VII, Sec. 701(c)(3), title XVIII, Sec. 1879(c)(1), Oct. 22, 1986, 100 Stat. 2340, 2906; Pub. L. 100-647, title VI, Sec. 6302, Nov. 10, 1988, 102 Stat. 3755; Pub. L. 101-508, title XI, Sec. 11501(a), (b)(1), (c)(1), 11813(b)(1), 11816, Nov. 5, 1990, 104 Stat. 1388-479, 1388-550, 1388-558.) -REFTEXT- REFERENCES IN TEXT The Natural Gas Policy Act of 1978, referred to in subsecs. (c)(2)(A), (B)(i) and (e), is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended, which is classified generally to chapter 60 (Sec. 3301 et seq.) of Title 15, Commerce and Trade. Subtitle B of title I of the Act is classified generally to part B of subchapter I (Sec. 3331 et seq.) of chapter 60 of Title 15. Sections 2(18), 107, and 503 of the Act are classified to sections 3301(18), 3317, and 3413 of Title 15, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. The date of the enactment of this clause, and such date of enactment, referred to in subsec. (c)(2)(B), probably mean the date of enactment of Pub. L. 101-508, which amended subsec. (c)(2)(B) of this section generally, and which was approved Nov. 5, 1990. -MISC2- AMENDMENTS 1990 - Subsec. (b)(3)(A)(i)(III). Pub. L. 101-508, Sec. 11813(b)(1)(A), substituted 'section 48(a)(4)(C)' for 'section 48(l)(11)(C)'. Subsec. (b)(4). Pub. L. 101-508, Sec. 11813(b)(1)(B), substituted 'section 49(b) or 50(a)' for 'section 47' in two places. Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 11501(c)(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (c)(1)(B) to (E). Pub. L. 101-508, Sec. 11816(a), inserted 'and' at end of subpar. (B), substituted a period for a comma at end of subpar. (C), and struck out subpar. (D) which related to qualifying processed wood fuels, and subpar. (E) which related to steam produced from solid agricultural byproducts (not including timber byproducts). Subsec. (c)(2)(B). Pub. L. 101-508, Sec. 11501(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'The term 'gas produced from a tight formation' shall only include - '(i) gas the price of which is regulated by the United States, and '(ii) gas for which the maximum lawful price applicable under the Natural Gas Policy Act of 1978 is at least 150 percent of the then applicable price under section 103 of such Act.' Subsec. (c)(3). Pub. L. 101-508, Sec. 11813(b)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'The term 'biomass' means any organic material which is an alternate substance (as defined in section 48(l)(3)(B)) other than coal (including lignite) or any product of such coal.' Subsec. (c)(4). Pub. L. 101-508, Sec. 11816(b)(1), struck out par. (4) 'Qualifying processed wood fuel' which read as follows: '(A) In general. - The term 'qualifying processed wood fuel' means any processed solid wood fuel (other than charcoal, fireplace products, or a product used for ornamental or recreational purposes) which has a Btu content per unit of volume or weight, determined without regard to any nonwood elements, which is at least 40 percent greater per unit of volume or weight than the Btu content of the wood from which it is produced (determined immediately before the processing). '(B) Election. - A taxpayer shall elect, at such time and in such manner as the Secretary by regulations may prescribe, as to whether Btu content per unit shall be determined for purposes of this paragraph on a volume or weight basis. Any such election - '(i) shall apply to all production from a facility; and '(ii) shall be effective for the taxable year with respect to which it is made and for all subsequent taxable years and, once made, may be revoked only with the consent of the Secretary.' Subsec. (c)(5). Pub. L. 101-508, Sec. 11816(b)(1), struck out par. (5) 'Agricultural byproduct steam' which read as follows: 'Steam produced from solid agricultural byproducts which is used by the taxpayer in his trade or business shall be treated as having been sold by the taxpayer to an unrelated person on the date on which it is used.' Subsec. (d)(4). Pub. L. 101-508, Sec. 11816(b)(2), amended par. (4) generally, striking out 'Special rules applicable to' before 'Gas' in heading, redesignating former subpar. (A) as par. (4), striking out subpar. (B) which related to the reference price and application of phaseout for Devonian shale, and making minor changes in phraseology. Subsec. (d)(5), (6). Pub. L. 101-508, Sec. 11816(b)(3), (4), redesignated par. (6) as (5), substituted 'subparagraph (C)' for 'subparagraph (C), (D), or (E)', and struck out former par. (5) which read as follows: 'In the case of a facility for the production of - '(A) qualifying processed wood fuel, or '(B) steam from solid agricultural byproducts, paragraph (1) of subsection (b) shall not apply with respect to the amount of the credit allowable under subsection (a) for fuels sold during the 3-year period beginning on the date the facility is placed in service.' Subsec. (d)(7) to (9). Pub. L. 101-508, Sec. 11816(b)(3), redesignated pars. (7) to (9) as (6) to (8), respectively. Subsec. (f). Pub. L. 101-508, Sec. 11816(b)(5), amended subsec. (f) generally, redesignating former par. (1) as subsec. (f), making minor changes in phraseology, substituting par. (2) for former par. (1)(B) which read as follows: 'which are sold after December 31, 1979, and before January 1, 2003.', and striking out former par. (2) which related to special rules applicable to qualified processed wood and solid agricultural byproduct steam. Subsec. (f)(1)(A)(i), (ii). Pub. L. 101-508, Sec. 11501(a)(1), substituted '1993' for '1991'. Subsec. (f)(1)(B). Pub. L. 101-508, Sec. 11501(a)(2), substituted '2003' for '2001'. 1988 - Subsec. (f)(1)(A)(i), (ii). Pub. L. 100-647 substituted '1991' for '1990'. 1986 - Subsec. (b)(5). Pub. L. 99-514, Sec. 701(c)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: 'The credit allowed by subsection (a) for a taxable year shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 26(b)), reduced by the sum of the credits allowable under subpart A and sections 27 and 28.' Subsec. (d)(8). Pub. L. 99-514, Sec. 1879(c)(1), inserted provision directing that a corporation which is a member of an affiliated group of corporations filing a consolidated return shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such person by another member of such group. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44D of this title as this section. Subsec. (b)(1)(A). Pub. L. 98-369, Sec. 722(d)(1), substituted 'in which the sale occurs' for 'in which the taxable year begins'. Subsec. (b)(2). Pub. L. 98-369, Sec. 722(d)(2), substituted 'in which the sale occurs' for 'in which a taxable year begins'. Subsec. (b)(5). Pub. L. 98-369, Sec. 612(e)(1), substituted 'section 26(b)' for 'section 25(b)'. Pub. L. 98-369, Sec. 474(h), amended par. (5) generally, substituting 'shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 25(b)), reduced by the sum of the credits allowable under subpart A and sections 27 and 28' for 'shall not exceed the tax imposed by this chapter for such taxable year, reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by sections 31, 39, and 43. For purposes of the preceding sentence, the term 'tax imposed by this chapter' shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a)'. 1983 - Subsec. (f)(1)(B), (2)(A)(i). Pub. L. 97-448 substituted 'December 31, 1979' for 'December 3, 1979'. 1982 - Subsec. (d)(9). Pub. L. 97-354 substituted 'Pass-thru in the case of estates and trusts' for 'Pass-through in the case of subchapter S corporations, etc.' in par. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of section 52 for provisions relating to the applicability of rules similar to rules of subsecs. (d) and (e) of section 52. 1981 - Subsec. (e). Pub. L. 97-34 substituted provisions respecting application with the Natural Gas Policy Act of 1978 for prior provision reading 'If the taxpayer makes an election under section 107(d) of the Natural Gas Policy Act of 1978 to have subsections (a) and (b) of section 107 of that Act, and subtitle B of title I of that Act, apply with respect to gas described in subsection (c)(1)(B)(i) produced from any well on a property, then the credit allowable by subsection (a) shall not be allowed with respect to any gas produced on that property.' EFFECTIVE DATE OF 1990 AMENDMENT Section 11501(b)(2) of Pub. L. 101-508 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to gas produced after December 31, 1990.' Section 11501(c)(2) of Pub. L. 101-508 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to taxable years beginning after December 31, 1990.' Section 11813(c) of Pub. L. 101-508 provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (enacting section 50 of this title and amending this section and sections 38, 42, 46 to 49, 52, 55, 108, 145, 147, 168, 170, 179, 196, 280F, 312, 465, 469, 861, 865, 1016, 1033, 1245, 1274A, 1371, 1388 and 1503 of this title) shall apply to property placed in service after December 31, 1990. '(2) Exceptions. - The amendments made by this section shall not apply to - '(A) any transition property (as defined in section 49(e) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act (Nov. 5, 1990)), '(B) any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of such Code (as so in effect), and '(C) any property described in section 46(b)(2)(C) of such Code (as so in effect).' Section 11821(a) of Pub. L. 101-508 provided that: 'Except as otherwise provided in this part, the amendments made by this part (part I (Sec. 11801-11821) of subtitle H of title XI of Pub. L. 101-508, see Tables for classification) shall take effect on the date of the enactment of this Act (Nov. 5, 1990).' EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 701(c)(3) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. Section 1879(c)(2) of Pub. L. 99-514 provided that: 'The amendment made by paragraph (1) (amending this section) shall take effect as if included in the amendments made by section 231 of Public Law 96-223 (see Effective Date note below).' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(h) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Amendment by section 612(e)(1) of Pub. L. 98-369 applicable to interest paid or accrued after Dec. 31, 1984, on indebtedness incurred after Dec. 31, 1984, see setion 612(g) of Pub. L. 98-369, set out as an Effective Date note under section 25 of this title. Section 722(d)(3) of Pub. L. 98-369 provided that: 'The amendments made by this subsection (amending this section) shall apply to taxable years ending after December 31, 1979.' EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Crude Oil Windfall Profit Tax Act of 1980, Pub. L. 96-223 to which such amendment relates, see section 203(a) of Pub. L. 97-448, set out as a note under section 6652 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Section 611(b) of Pub. L. 97-34 provided that: 'The amendment made by this section (amending this section) shall apply to taxable years ending after December 31, 1979.' EFFECTIVE DATE Section 231(c) of Pub. L. 96-223 provided that: 'The amendments made by this section (enacting this section and amending section 6096 of this title) shall apply to taxable years ending after December 31, 1979.' SAVINGS PROVISION Section 11821(b) of Pub. L. 101-508 provided that: 'If - '(1) any provision amended or repealed by this part (part I (Sec. 11801-11821) of subtitle H of title XI of Pub. L. 101-508, see Tables for classification) applied to - '(A) any transaction occurring before the date of the enactment of this Act (Nov. 5, 1990), '(B) any property acquired before such date of enactment, or '(C) any item of income, loss, deduction, or credit taken into account before such date of enactment, and '(2) the treatment of such transaction, property, or item under such provision would (without regard to the amendments made by this part) affect liability for tax for periods ending after such date of enactment, nothing in the amendments made by this part shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.' APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES For applicability of amendment by section 701(c)(3) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43, 53, 55, 56, 613A of this title. ------DocID 37011 Document 26 of 944------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 29. Brief of an amicus curiae -STATUTE- A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Only five circuits presently regulate the filing of the brief of an amicus curiae. See D.C. Cir. Rule 18(j); 1st Cir. Rule 23(10); 6th Cir. Rule 17(4); 9th Cir. Rule 18(9); 10th Cir. Rule 20. This rule follows the practice of a majority of circuits in requiring leave of court to file an amicus brief except under the circumstances stated therein. Compare Supreme Court Rule 42. -CROSS- CROSS REFERENCES Rule-making power generally, see section 2071 of this title. ------DocID 37073 Document 27 of 944------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery may be made only with the approval of the court. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT There is no provision for stipulations varying the procedures by which methods of discovery other than depositions are governed. It is common practice for parties to agree on such variations, and the amendment recognizes such agreements and provides a formal mechanism in the rules for giving them effect. Any stipulation varying the procedures may be superseded by court order, and stipulations extending the time for response to discovery under Rules 33, 34, and 36 require court approval. ------DocID 37172 Document 28 of 944------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 29. Complaint: Condemnation -STATUTE- United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER XX United States of America, Plaintiff v. 1,000 Acres of Land in (here insert a general location as 'City of XX' or Complaint 'County of XX'), John Doe et al., and Unknown Owners, Defendants 1. This is an action of a civil nature brought by the United States of America for the taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest. (FOOTNOTE 1) 2. The authority for the taking is (here state briefly, as 'the Act of XXX, XXX Stat. XXX, U.S.C., Title XXX, Sec. XXX') (FOOTNOTE 2) . 3. The use for which the property is to be taken is (here state briefly the use, 'as a site for a post-office building'). 4. The interest to be acquired in the property is (here state the interest as 'an estate in fee simple'). 5. The property so to be taken is (here set forth a description of the property sufficient for its identification) or (described in Exhibit A hereto attached and made a part hereof). 6. The persons known to the plaintiff to have or claim an interest in the property (FOOTNOTE 3) are: (Here set forth the names of such persons and the interests claimed.) (FOOTNOTE 4) 7. In addition to the persons named, there are or may be others who have or may claim some interest in the property to be taken, whose names are unknown to the plaintiff and on diligent inquiry have not been ascertained. They are made parties to the action under the designation 'Unknown Owners.' Wherefore the plaintiff demands judgment that the property be condemned and that just compensation for the taking be ascertained and awarded and for such other relief as may be lawful and proper. XXXXXXXXXXXXXXXXX United States Attorney. Address XXXXXXXXXXXXX (Here state an address within the district where the United States Attorney may be served, as 'United States Court House, New York, N. Y.'.) (FOOTNOTE 1) If the plaintiff is not the United States, but is, for example, a corporation invoking the power of eminent domain delegated to it by the state, then this paragraph 1 of the complaint should be appropriately modified and should be preceded by a paragraph appropriately alleging federal jurisdiction for the action, such as diversity. See Form 2. (FOOTNOTE 2) And where appropriate add a citation to any applicable Executive Order. (FOOTNOTE 3) At the commencement of the action the plaintiff need name as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a particular piece of property the plaintiff must add as defendants all persons having or claiming an interest in that property whose names can be ascertained by an appropriate search of the records and also those whose names have otherwise been learned. See Rule 71A(c)(2). (FOOTNOTE 4) The plaintiff should designate, as to each separate piece of property, the defendants who have been joined as owners thereof or of some interest therein. See Rule 71A(c)(2). -SOURCE- (Added May 1, 1951, eff. Aug. 1, 1951.) ------DocID 37296 Document 29 of 944------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 29. Filing and Service of Documents; Special Notifications -STATUTE- .1. Any pleading, motion, notice, brief, or other document or paper required or permitted to be presented to this Court, or to a Justice, shall be filed with the Clerk. Every document, except a joint appendix or brief amicus curiae, filed by or on behalf of one or more corporations, shall include a list naming all parent companies and subsidiaries (except wholly owned subsidiaries) of each corporation. This listing may be done in a footnote. If there is no parent or subsidiary company to be listed, a notation to this effect shall be included in the document. If a list has been included in a document filed earlier in the particular case, reference may be made to the earlier document and only amendments to the listing to make it currently accurate need to be included in the document currently being filed. .2. To be timely filed, a document must actually be received by the Clerk within the time specified for filing; or be sent to the Clerk by first-class mail, postage prepaid, and bear a postmark showing that the document was mailed on or before the last day for filing; or, if being filed by an inmate confined in an institution, be deposited in the institution's internal mail system on or before the last day for filing and be accompanied by a notarized statement or declaration in compliance with 28 U.S.C. Sec. 1746 setting forth the date of deposit and stating that first-class postage has been prepaid. If the postmark is missing or not legible, the Clerk shall require the person who mailed the document to submit a notarized statement or declaration in compliance with 28 U.S.C. Sec. 1746 setting forth the details of the mailing and stating that the mailing took place on a particular date within the permitted time. A document forwarded through a private delivery or courier service must be received by the Clerk within the time permitted for filing. .3. Any pleading, motion, notice, brief, or other document required by these Rules to be served may be served personally or by mail on each party to the proceeding at or before the time of filing. If the document has been produced under Rule 33, three copies shall be served on each other party separately represented in the proceeding. If the document is typewritten pursuant to Rule 34, service of a single copy on each other party separately represented shall suffice. If personal service is made, it may consist of delivery at the office of counsel of record, either to counsel or to an employee therein. If service is by mail, it shall consist of depositing the document in a United States post office or mailbox, with first-class postage prepaid, addressed to counsel of record at the proper post office address. When a party is not represented by counsel, service shall be made upon the party, personally or by mail. .4. (a) If the United States or any department, office, agency, officer, or employee thereof is a party to be served, service must also be made upon the Solicitor General, Department of Justice, Washington, D.C. 20530. If a response by the Solicitor General is required or permitted within a prescribed period after service, the time does not begin to run until the document actually has been received by the Solicitor General's office. When an agency of the United States is authorized by law to appear on its own behalf as a party, or when an officer or employee of the United States is a party, the agency, officer, or employee must also be served, in addition to the Solicitor General; and if a response is required or permitted within a prescribed period, the time does not begin to run until the document actually has been received by the agency, the officer, the employee, and the Solicitor General's office. (b) In any proceeding in this Court wherein the constitutionality of an Act of Congress is drawn in question, and the United States or any department, office, agency, officer, or employee thereof is not a party, the initial pleading, motion, or paper filed in this Court shall recite that 28 U.S.C. Sec. 2403(a) may be applicable, and the document must be served on the Solicitor General, Department of Justice, Washington, D.C. 20530. In a proceeding from any court of the United States, as defined by 28 U.S.C. Sec. 451, the initial pleading, motion, or paper shall also state whether or not that court, pursuant to 28 U.S.C. Sec. 2403(a), has certified to the Attorney General the fact that the constitutionality of an Act of Congress was drawn into question. (c) In any proceeding in this Court wherein the constitutionality of any statute of a State is drawn into question, and the State or any agency, officer, or employee thereof is not a party, the initial pleading, motion, or paper filed in this Court shall recite that 28 U.S.C. Sec. 2403(b) may be applicable and shall be served upon the attorney general of that State. In a proceeding from any court of the United States, as defined by 28 U.S.C. Sec. 451, the initial pleading, motion, or paper shall state whether or not that court, pursuant to 28 U.S.C. Sec. 2403(b), has certified to the state attorney general the fact that the constitutionality of a statute of that State was drawn into question. .5. Proof of service, when required by these Rules, must accompany the document when it is presented to the Clerk for filing and must be separate from it. Proof of service may be shown by any one of the methods set forth below, and must contain, or be accompanied by, a statement that all parties required to be served have been served, together with a list of the names, addresses, and telephone numbers of counsel indicating the name of the party or parties each counsel represents. It is not necessary that service on each party required to be served be made in the same manner or evidenced by the same proof. (a) By an acknowledgment of service of the document in question, signed by counsel of record for the party served. (b) By a certificate of service of the document in question, reciting the facts and circumstances of service in compliance with the appropriate paragraph or paragraphs of this Rule, and signed by a member of the Bar of this Court representing the party on whose behalf service is made. (c) By a notarized affidavit or declaration in compliance with 28 U.S.C. Sec. 1746, reciting the facts and circumstances of service in accordance with the appropriate paragraph or paragraphs of this Rule, whenever service is made by any person not a member of the Bar of this Court. ------DocID 37351 Document 30 of 944------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34 and 36 for responses to discovery may be made only with the approval of the court. ------DocID 37458 Document 31 of 944------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery may be made only with the approval of the court. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985.) ------DocID 6941 Document 32 of 944------ -CITE- 2 USC Sec. 29 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies -STATUTE- The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 332, Oct. 26, 1970, 84 Stat. 1186.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -CROSS- CROSS REFERENCES Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title. ------DocID 37564 Document 33 of 944------ -CITE- 29 USC CHAPTER 1 -EXPCITE- TITLE 29 CHAPTER 1 -HEAD- CHAPTER 1 - LABOR STATISTICS -MISC1- SUBCHAPTER I - BUREAU OF LABOR STATISTICS Sec. 1. Design and duties of bureau generally. 2. Collection, collation, and reports of labor statistics. 2a. Omitted. 2b. Studies of productivity and labor costs in industries. 3. Commissioner; appointment and tenure of office; compensation. 4. Duties of Commissioner in general. 5. Bulletin as to labor conditions. 6. Annual and special reports to President and Congress. 7. Repealed. 8. Unemployment data relating to Americans of Spanish origin or descent. SUBCHAPTER II - SPECIAL STATISTICS 9. Authorization of special studies, compilations, and transcripts on request; cost. 9a. Credit of receipts. 9b. Rules and regulations. ------DocID 37565 Document 34 of 944------ -CITE- 29 USC SUBCHAPTER I -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- SUBCHAPTER I - BUREAU OF LABOR STATISTICS ------DocID 37566 Document 35 of 944------ -CITE- 29 USC Sec. 1 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 1. Design and duties of bureau generally -STATUTE- The general design and duties of the Bureau of Labor Statistics shall be to acquire and diffuse among the people of the United States useful information on subjects connected with labor, in the most general and comprehensive sense of that word, and especially upon its relation to capital, the hours of labor, the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity. -SOURCE- (June 13, 1888, ch. 389, Sec. 1, 25 Stat. 182; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737.) -COD- CODIFICATION Act June 27, 1884, created Bureau of Labor in Department of the Interior. Section 1 of act June 13, 1888, created Department of Labor and outlined its general design and duties, and section 9 of that act transferred Bureau of Labor to Department of Labor. Act Feb. 14, 1903, placed Department of Labor under jurisdiction and made it a part of Department of Commerce and Labor. Act Mar. 18, 1904, changed name of Department of Labor to Bureau of Labor in Department of Commerce and Labor. Act Mar. 4, 1913, created Department of Labor and transferred Bureau of Labor from Department of Commerce and Labor to newly created Department of Labor, redesignating such transferred Bureau as Bureau of Labor Statistics. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37567 Document 36 of 944------ -CITE- 29 USC Sec. 2 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Collection, collation, and reports of labor statistics -STATUTE- The Bureau of Labor Statistics, under the direction of the Secretary of Labor, shall collect, collate, and report at least once each year, or oftener if necessary, full and complete statistics of the conditions of labor and the products and distribution of the products of the same, and to this end said Secretary shall have power to employ any or either of the bureaus provided for his department and to rearrange such statistical work, and to distribute or consolidate the same as may be deemed desirable in the public interests; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Secretary of Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. The Bureau of Labor Statistics shall also collect, collate, report, and publish at least once each month full and complete statistics of the volume of and changes in employment, as indicated by the number of persons employed, the total wages paid, and the total hours of employment, in the service of the Federal Government, the States and political subdivisions thereof, and in the following industries and their principal branches: (1) Manufacturing; (2) mining, quarrying, and crude petroleum production; (3) building construction; (4) agriculture and lumbering; (5) transportation, communication, and other public utilities; (6) the retail and wholesale trades; and such other industries as the Secretary of Labor may deem it in the public interest to include. Such statistics shall be reported for all such industries and their principal branches throughout the United States and also by States and/or Federal reserve districts and by such smaller geographical subdivisions as the said Secretary may from time to time prescribe. The said Secretary is authorized to arrange with any Federal, State, or municipal bureau or other governmental agency for the collection of such statistics in such manner as he may deem satisfactory, and may assign special agents of the Department of Labor to any such bureau or agency to assist in such collection. -SOURCE- (Mar. 4, 1913, ch. 141, Sec. 4, 37 Stat. 737; July 7, 1930, ch. 873, 46 Stat. 1019.) -MISC1- AMENDMENTS 1930 - Act July 7, 1930, inserted second par. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- CENSUS DATA ON WOMEN-OWNED BUSINESSES; STUDY AND REPORT For provisions requiring Bureaus of Labor Statistics and the Census to include certain data on women-owned businesses in census reports, and requiring a study and report on the most cost effective and accurate means to gather and present such data, see section 501 of Pub. L. 100-533, set out as a note under section 131 of Title 13, Census. CONSUMER PRICE INDEX FOR OLDER AMERICANS Pub. L. 100-175, title I, Sec. 191, Nov. 29, 1987, 101 Stat. 967, provided that: 'The Secretary of Labor shall, through the Bureau of Labor Statistics, develop, from existing data sources, a reweighted index of consumer prices which reflects the expenditures for consumption by Americans 62 years of age and older. The Secretary shall furnish to the Congress the index within 180 days after the date of enactment of this Act (Nov. 29, 1987). The Secretary shall include with the index furnished a report which explains the characteristics of the reweighted index, the research necessary to develop and measure accurately the rate of inflation affecting such Americans, and provides estimates of time and cost required for additional activities necessary to carry out the objectives of this section.' PRISON STATISTICS REPORT Joint Res. June 17, 1940, ch. 389, 54 Stat. 401, authorized Bureau of Labor Statistics to furnish a report to Congress before May 1, 1941, on kind, amount, and value of all goods produced in State and Federal prisons. -CROSS- CROSS REFERENCES Transfer of duties as to ascertaining cost of production in foreign countries, etc., see Codification note set out under section 4 of this title. ------DocID 37568 Document 37 of 944------ -CITE- 29 USC Sec. 2a -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2a. Omitted -COD- CODIFICATION Section, act Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1222, which related to collection of statistical reports through local special agents, was from an appropriations act for the Departments of State, Justice, the Judiciary, and Departments of Commerce and Labor for the fiscal year ending June 30, 1928, and was not repeated in subsequent appropriation acts. ------DocID 37569 Document 38 of 944------ -CITE- 29 USC Sec. 2b -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2b. Studies of productivity and labor costs in industries -STATUTE- The Bureau of Labor Statistics of the United States Department of Labor is authorized and directed to make continuing studies of productivity and labor costs in the manufacturing, mining, transportation, distribution, and other industries. -SOURCE- (June 7, 1940, ch. 267, 54 Stat. 249; Aug. 30, 1954, ch. 1076, Sec. 1(27), 68 Stat. 968.) -COD- CODIFICATION Provision of this section authorizing appropriations of up to $100,000 for studies by the bureau in the first fiscal year was omitted. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed second par. which required Secretary of Labor to submit annually to Congress reports of findings under this section. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37570 Document 39 of 944------ -CITE- 29 USC Sec. 3 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 3. Commissioner; appointment and tenure of office; compensation -STATUTE- The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary. -SOURCE- (June 27, 1884, ch. 127, 23 Stat. 60; June 13, 1888, ch. 389, Sec. 2, 25 Stat. 182; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737.) -COD- CODIFICATION Act June 13, 1888, raised salary from $3,000 to $5,000 per annum. Act Mar. 18, 1904, changed name of Department of Labor to Bureau of Labor. Act Mar. 4, 1913, authorized the substitution of 'Commissioner of Labor Statistics' and 'Bureau of Labor Statistics' for 'Commissioner of Labor' and 'Bureau of Labor', respectively. Words 'of five thousand dollars per annum' at end of section were omitted as superseded by the Classification Acts. See sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37571 Document 40 of 944------ -CITE- 29 USC Sec. 4 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Duties of Commissioner in general -STATUTE- It shall be the duty of the Commissioner of Labor Statistics to ascertain the effect of the customs laws, and the effect thereon of the state of the currency, in the United States, on the agricultural industry, especially as to its effect on mortgage indebtedness of farmers. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is concerned, of the leading industries of the country. He is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employees as they may occur, and which may tend to interfere with the welfare of the people of the different States. He shall also obtain such information upon the various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict-made goods are imported into this country, and if so from whence. -SOURCE- (June 13, 1888, ch. 389, Sec. 7, 25 Stat. 183; Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; May 29, 1928, ch. 901, Sec. 1(110), (111), 45 Stat. 994.) -REFTEXT- REFERENCES IN TEXT The customs laws, referred to in text, are classified generally to Title 19, Customs Duties. -COD- CODIFICATION Section is from act June 13, 1888. Act June 13, 1888, also contained other provisions relating to duties of former Commissioner of Labor to ascertain cost of producing, in leading countries, articles dutiable in United States, comparative cost of living, etc., which have been omitted from this section because of act Aug. 23, 1912, transferring those duties to Bureau of Foreign and Domestic Commerce. Act Aug. 23, 1912, transferred the duty of former Commissioner of Labor to ascertain the cost of producing, in leading countries, articles dutiable in the United States, the profits of the manufacturers and producers of such articles, the comparative cost of such articles, comparative cost of living in such countries, what articles are controlled by trusts and the effect they have on prices and production, to the Bureau of Foreign and Domestic Commerce. Text of said act is set out as section 172 of Title 15, Commerce and Trade. Act Mar. 4, 1913, authorized the substitution of 'Commissioner of Labor Statistics' for 'Commissioner of Labor'. -MISC3- AMENDMENTS 1928 - Act May 29, 1928, repealed provisions requiring reports to Congress on investigations required by this section, and is authority for omission of 'and report as to' after 'ascertain' in first sentence and 'and report thereon to Congress' at end of third sentence relating to information from foreign nations, and convict made goods. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37572 Document 41 of 944------ -CITE- 29 USC Sec. 5 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 5. Bulletin as to labor conditions -STATUTE- The Commissioner of Labor Statistics is authorized to prepare and publish a bulletin of the Bureau of Labor Statistics, as to the condition of labor in this and other countries, condensations of State and foreign labor reports, facts as to conditions of employment, and such other facts as may be deemed of value to the industrial interests of the country. -SOURCE- (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 805; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737.) -COD- CODIFICATION Provision of act Mar. 2, 1895, as to printing of the bulletin for distribution is covered by section 1324 of Title 44, Public Printing and Documents. Act Mar. 18, 1904, changed name of Department of Labor to Bureau of Labor. Act Mar. 4, 1913, authorized substitution of 'Commissioner of Labor Statistics' and 'Bureau of Labor Statistics' for 'Commissioner of Labor' and 'Bureau of Labor', respectively. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- STATISTICS OF CITIES Commissioner authorized to compile, as part of bulletin of Department, an abstract of main features of official statistics of cities having over 30,000 population, by a provision of act July 1, 1898, ch. 546, Sec. 1, 30 Stat. 648. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 44 section 1324. ------DocID 37573 Document 42 of 944------ -CITE- 29 USC Sec. 6 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 6. Annual and special reports to President and Congress -STATUTE- The Commissioner of Labor Statistics shall annually make a report in writing to the President and Congress, of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the department. He is also authorized to make special reports on particular subjects whenever required to do so by the President or either House of Congress, or when he shall think the subjects in his charge require it. He shall, on or before the 15th day of March in each year, make a report in detail to Congress of all moneys expended under his direction during the preceding fiscal year. -SOURCE- (June 13, 1888, ch. 389, Sec. 8, 25 Stat. 183; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Apr. 21, 1976, Pub. L. 94-273, Sec. 5(3), 90 Stat. 377.) -COD- CODIFICATION Act Mar. 4, 1913 authorized substitution of 'Commissioner of Labor Statistics' for 'Commissioner of Labor'. -MISC3- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'March' for 'December'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Congressional Record, bound copy to Department of Labor, see section 906 of Title 44, Public Printing and Documents. Printing of reports, see section 1325 of Title 44. ------DocID 37574 Document 43 of 944------ -CITE- 29 USC Sec. 7 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 7. Repealed. Pub. L. 86-3, Sec. 15, 23, Mar. 18, 1959, 73 Stat. 11, 13; Pub. L. 96-470, title I, Sec. 110, Oct. 19, 1980, 94 Stat. 2239 -MISC1- Section, acts Apr. 30, 1900, ch. 339, Sec. 76, 31 Stat. 155; Apr. 8, 1904, ch. 948, 33 Stat. 164; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737, directed United States Commissioner of Labor Statistics to assemble and report on statistical details relating to all departments of labor in Territory of Hawaii. ------DocID 37575 Document 44 of 944------ -CITE- 29 USC Sec. 8 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 8. Unemployment data relating to Americans of Spanish origin or descent -STATUTE- The Department of Labor, in cooperation with the Department of Commerce, shall develop methods for improving and expanding the collection, analysis, and publication of unemployment data relating to Americans of Spanish origin or descent. -SOURCE- (Pub. L. 94-311, Sec. 1, June 16, 1976, 90 Stat. 688.) ------DocID 37576 Document 45 of 944------ -CITE- 29 USC SUBCHAPTER II -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER II -HEAD- SUBCHAPTER II - SPECIAL STATISTICS ------DocID 37577 Document 46 of 944------ -CITE- 29 USC Sec. 9 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 9. Authorization of special studies, compilations, and transcripts on request; cost -STATUTE- The Department of Labor is authorized, within the discretion of the Secretary of Labor, upon the written request of any person, to make special statistical studies relating to employment, hours of work, wages, and other conditions of employment; to prepare from its records special statistical compilations; and to furnish transcripts of its studies, tables, and other records, upon the payment of the actual cost of such work by the person requesting it. -SOURCE- (Apr. 13, 1934, ch. 118, Sec. 1, 48 Stat. 582; Apr. 11, 1935, ch. 59, 49 Stat. 154; June 15, 1937, ch. 349, 50 Stat. 259; Apr. 15, 1939, ch. 71, 53 Stat. 581.) -COD- CODIFICATION This section and sections 9a and 9b of this title comprised sections 1 to 3 of act Apr. 13, 1934. Section 4 of that act provided as follows: 'This Act shall cease to be effective one year after the date of its enactment.' The act was temporarily extended by acts Apr. 11, 1935, and June 15, 1937, and was made permanent by act Apr. 15, 1939. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9b of this title. ------DocID 37578 Document 47 of 944------ -CITE- 29 USC Sec. 9a -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 9a. Credit of receipts -STATUTE- All moneys hereinafter (FOOTNOTE 1) received by the Department of Labor in payment of the cost of such work shall be deposited to the credit of the appropriation of that bureau, service, office, division, or other agency of the Department of Labor which supervised such work, and may be used, in the discretion of the Secretary of Labor, and notwithstanding any other provision of law, for the ordinary expenses of such agency and/or to secure the special services of persons who are neither officers nor employees of the United States. (FOOTNOTE 1) So in original. Probably should be 'hereafter'. -SOURCE- (Apr. 13, 1934, ch. 118, Sec. 2, 48 Stat. 582; Apr. 11, 1935, ch. 59, 49 Stat. 154; June 15, 1937, ch. 349, 50 Stat. 259; Apr. 15, 1939, ch. 71, 53 Stat. 581.) -COD- CODIFICATION This section and sections 9 and 9b of this title comprised sections 1 to 3 of act Apr. 13, 1934, which were to terminate one year after Apr. 13, 1934, pursuant to section 4 of act Apr. 13, 1934, set out as a Codification note under section 9 of this title. Such sections were temporarily extended by acts Apr. 11, 1935, and June 15, 1937, and were made permanent by act Apr. 15, 1939. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9b, 216 of this title. ------DocID 37579 Document 48 of 944------ -CITE- 29 USC Sec. 9b -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 9b. Rules and regulations -STATUTE- The Secretary of Labor shall prescribe rules and regulations for the enforcement of sections 9 and 9a of this title. -SOURCE- (Apr. 13, 1934, ch. 118, Sec. 3, 48 Stat. 583; Apr. 11, 1935, ch. 59, 49 Stat. 154; June 15, 1937, ch. 349, 50 Stat. 259; Apr. 15, 1939, ch. 71, 53 Stat. 581; Aug. 7, 1946, ch. 770, Sec. 1(16), 60 Stat. 867.) -COD- CODIFICATION This section and sections 9 and 9a of this title comprised sections 1 to 3 of act Apr. 13, 1934, which were to terminate one year after Apr. 13, 1934, pursuant to section 4 of act Apr. 13, 1934, set out as a Codification note under section 9 of this title. Such sections were temporarily extended by acts Apr. 11, 1935, and June 15, 1937, and were made permanent by act Apr. 15, 1939. -MISC3- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed provisions requiring Secretary of the Interior to make annual reports to Congress. ------DocID 37580 Document 49 of 944------ -CITE- 29 USC CHAPTER 2 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- CHAPTER 2 - WOMEN'S BUREAU -MISC1- Sec. 11. Bureau established. 12. Director of bureau; appointment. 13. Powers and duties of bureau. 14. Assistant director of bureau; appointment; duties. 15, 16. Repealed. ------DocID 37581 Document 50 of 944------ -CITE- 29 USC Sec. 11 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 11. Bureau established -STATUTE- There shall be established in the Department of Labor a bureau to be known as the Women's Bureau. -SOURCE- (June 5, 1920, ch. 248, Sec. 1, 41 Stat. 987.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37582 Document 51 of 944------ -CITE- 29 USC Sec. 12 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 12. Director of bureau; appointment -STATUTE- The Women's Bureau shall be in charge of a director, a woman, to be appointed by the President, by and with the advice and consent of the Senate. -SOURCE- (June 5, 1920, ch. 248, Sec. 2, 41 Stat. 987.) -COD- CODIFICATION Part of section 2 of act June 5, 1920, constitutes section 13 of this title. Words 'who shall receive an annual compensation of $5,000' were omitted in view of the Classification Acts. See sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37583 Document 52 of 944------ -CITE- 29 USC Sec. 13 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 13. Powers and duties of bureau -STATUTE- It shall be the duty of the Women's Bureau to formulate standards and policies which shall promote the welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities for profitable employment. The said bureau shall have authority to investigate and report to the Department of Labor upon all matters pertaining to the welfare of women in industry. The director of said bureau may from time to time publish the results of these investigations in such a manner and to such extent as the Secretary of Labor may prescribe. -SOURCE- (June 5, 1920, ch. 248, Sec. 2, 41 Stat. 987.) -COD- CODIFICATION Part of section 2 of act June 5, 1920, constitutes section 12 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37584 Document 53 of 944------ -CITE- 29 USC Sec. 14 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 14. Assistant director of bureau; appointment; duties -STATUTE- There shall be in the Women's Bureau an assistant director, to be appointed by the Secretary of Labor, who shall perform such duties as shall be prescribed by the director and approved by the Secretary of Labor. -SOURCE- (June 5, 1920, ch. 248, Sec. 3, 41 Stat. 987.) -COD- CODIFICATION Words 'who shall receive an annual compensation of $5,000 and' were omitted in view of the Classification Acts. See sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37585 Document 54 of 944------ -CITE- 29 USC Sec. 15 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 15. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644 -MISC1- Section, act June 5, 1920, ch. 248, Sec. 4, 41 Stat. 987, authorized employment by Woman's Bureau of Department of Labor of such employees at such rates of compensation as Congress may provide by appropriation. ------DocID 37586 Document 55 of 944------ -CITE- 29 USC Sec. 16 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 16. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(54), 65 Stat. 703 -MISC1- Section, act June 5, 1920, ch. 248, Sec. 5, 41 Stat. 987, related to quarters for bureau. ------DocID 37587 Document 56 of 944------ -CITE- 29 USC CHAPTER 2A -EXPCITE- TITLE 29 CHAPTER 2A -HEAD- CHAPTER 2A - CHILDREN'S BUREAU ------DocID 37588 Document 57 of 944------ -CITE- 29 USC Sec. 18 to 18c -EXPCITE- TITLE 29 CHAPTER 2A -HEAD- Sec. 18 to 18c. Transferred -COD- CODIFICATION Section 18, acts Apr. 9, 1912, ch. 73, Sec. 1, 37 Stat. 79; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737, which established a Children's Bureau in Department of Labor, was transferred to section 191 of Title 42, The Public Health and Welfare. Section 18a, acts Apr. 9, 1912, ch. 73, Sec. 2, 37 Stat. 79; Mar. 4, 1913, ch. 141, Sec. 3, 6, 37 Stat. 737, 738; Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1050, which created office of chief of Children's Bureau, and enumerated powers and duties of said Bureau, was transferred to section 192 of Title 42. Section 18b, acts Apr. 9, 1912, ch. 73, Sec. 3, 37 Stat. 80; Mar. 4, 1913, ch. 141, Sec. 3, 6, 37 Stat. 737, 738, which created office of Assistant Chief of Children's Bureau, was transferred to section 193 of Title 42. Section 18c, acts Apr. 9, 1912, ch. 73, Sec. 4, 37 Stat. 80; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737, which related to quarters for Children's Bureau, was transferred to section 194 of Title 42. ------DocID 37589 Document 58 of 944------ -CITE- 29 USC CHAPTER 3 -EXPCITE- TITLE 29 CHAPTER 3 -HEAD- CHAPTER 3 - NATIONAL TRADE UNIONS ------DocID 37590 Document 59 of 944------ -CITE- 29 USC Sec. 21 to 25 -EXPCITE- TITLE 29 CHAPTER 3 -HEAD- Sec. 21 to 25. Repealed. July 22, 1932, ch. 524, 47 Stat. 741 -MISC1- Section 21, act June 29, 1886, ch. 567, Sec. 1, 24 Stat. 86, defined a National Trade Union for purposes of this chapter. Section 22, act June 29, 1886, ch. 567, Sec. 2, 24 Stat. 86, related to rights of a National Trade Union upon incorporation in the office of the recorder of the District of Columbia. Section 23, act June 29, 1886, ch. 567, Sec. 3, 24 Stat. 86, related to power of an incorporated National Trade Union to establish and amend its own constitution, rules, and by-laws. Section 24, act June 29, 1886, ch. 567, Sec. 4, 24 Stat. 86, related to power of an incorporated National Trade Union to establish and grant powers to its own officers. Section 25, act June 29, 1886, ch. 567, Sec. 5, 24 Stat. 86, related to establishment of a headquarters of a National Trade Union in District of Columbia. ------DocID 37591 Document 60 of 944------ -CITE- 29 USC CHAPTER 4 -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- CHAPTER 4 - VOCATIONAL REHABILITATION OF PERSONS INJURED IN INDUSTRY ------DocID 37592 Document 61 of 944------ -CITE- 29 USC Sec. 31 to 41c -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 31 to 41c. Repealed. Pub. L. 93-112, title V, Sec. 500(a), Sept. 26, 1973, 87 Stat. 390 -MISC1- Section 31, acts June 2, 1920, ch. 219, Sec. 1, 41 Stat. 735; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, Sec. 1, 46 Stat. 524; June 30, 1932, ch. 324, Sec. 1, 47 Stat. 448; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1282; Oct. 3, 1967, Pub. L. 90-99, Sec. 2, 81 Stat. 250; July 7, 1968, Pub. L. 90-391, Sec. 2, 7(c), 82 Stat. 298, 300; Dec. 31, 1970, Pub. L. 91-610, Sec. 1, 84 Stat. 1817, related to grants to assist in rehabilitating handicapped individuals, providing in subsec. (a) authorization to make grants and a statement of purpose and in subsec. (b) authorization of appropriations. Section 32, acts June 2, 1920, ch. 219, Sec. 2, 41 Stat. 735; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1282; July 7, 1968, Pub. L. 90-391, Sec. 3, 4, 5, 82 Stat. 298, related to grants to States for vocational rehabilitation services, providing in: subsec. (a) for computation of allotments; subsec. (b) for amount of payments and adjusted Federal shares; and subsec. (c) for private contributions for construction or establishment of facilities. Section 33, acts June 2, 1920, ch. 219, Sec. 3, 41 Stat. 736; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, Sec. 2, 46 Stat. 524; June 30, 1932, ch. 324, Sec. 2, 47 Stat. 449; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 376; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 654; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1283; July 7, 1968, Pub. L. 90-391, Sec. 6, 82 Stat. 299, related to grants for innovation of vocational rehabilitation services, providing in: subsec. (a) for the basis of allotments; subsec. (b) for duration of payments; subsec. (c) for restriction on payments; and subsec. (d) for additional amounts. Section 34, acts June 2, 1920, ch. 219, Sec. 4, 41 Stat. 736; June 9, 1930, ch. 414, Sec. 3, 46 Stat. 525; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 655; Aug. 3, 1956, ch. 903, 70 Stat. 956; Aug. 28, 1957, Pub. L. 85-198, Sec. 1, 71 Stat. 473; Aug. 28, 1957, Pub. L. 85-213, 71 Stat. 488; Nov. 8, 1965, Pub. L. 89-333, Sec. 4(a), 5(a), 12(a), (b)(1), (2), 79 Stat. 1289, 1290, 1293; Oct. 3, 1967, Pub. L. 90-99, Sec. 3, 81 Stat. 251; July 7, 1968, Pub. L. 90-391, Sec. 7(a), (b), (d), 82 Stat. 299, 300; Dec. 31, 1970, Pub. L. 91-610, Sec. 2, 84 Stat. 1817, related to grants for special projects, providing in: subsec. (a) general provisions; subsec. (b) for payments; and subsec. (c) for National Advisory Council on Vocational Rehabilitation. Section 35, acts June 2, 1920, ch. 219, Sec. 5, 41 Stat. 736; June 30, 1932, ch. 324, Sec. 3, 47 Stat. 450; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 656; Nov. 8, 1965, Pub. L. 89-333, Sec. 8(a), 12(b)(1), 79 Stat. 1291, 1293; Oct. 3, 1967, Pub. L. 90-99, Sec. 6, 81 Stat. 253; July 7, 1968, Pub. L. 90-391, Sec. 8, 82 Stat. 300, related to State plans, providing in: subsec. (a) for requirements for approval; subsec. (b) for approval; subsec. (c) for withholding or limitation of payments; and subsec. (d) for judicial review. Section 36, acts June 2, 1920, ch. 219, Sec. 6, 41 Stat. 737; June 5, 1924, ch. 265, 43 Stat. 432; June 9, 1930, ch. 414, Sec. 4, 46 Stat. 526; June 30, 1932, ch. 324, Sec. 4, 47 Stat. 450; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 658, related to method of computing and making payments. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644, repealed section 36 of this title, insofar as section 36 authorized an appropriation to finance the operation of the Federal Board for Vocational Education, and insofar as it provided for certain salary restrictions. Section 37, acts June 2, 1920, ch. 219, Sec. 7, 41 Stat. 737; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 658; Aug. 28, 1957, Pub. L. 85-198, Sec. 2, 71 Stat. 474; Nov. 8, 1965, Pub. L. 89-333, Sec. 5(b), 7, 12(b)(1), 79 Stat. 1290, 1291, 1293; July 7, 1968, Pub. L. 90-391, Sec. 9, 82 Stat. 301, related to administration, providing in: subsec. (a) general provisions; subsec. (b) for rules and regulations; subsec. (c) for research and dissemination of information; subsec. (d) for authorization of appropriations; and subsec. (e) for evaluation of vocational rehabilitation program. Section 38, act June 2, 1920, ch. 219, Sec. 8, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659; Nov. 8, 1965, Pub. L. 89-333, Sec. 12(b)(3), 79 Stat. 1293, related to promotion of employment opportunities. Section 39, act June 2, 1920, ch. 219, Sec. 9, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659, related to annual reports to Congress. Section 40, act June 2, 1920, ch. 219, Sec. 10, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659, related to appropriations for administration. Section 41, act June 2, 1920, ch. 219, Sec. 11, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659; Aug. 1, 1956, ch. 852, Sec. 16, 70 Stat. 910; June 25, 1959, Pub. L. 86-70, Sec. 24, 73 Stat. 147; July 12, 1960, Pub. L. 86-624, Sec. 20, 74 Stat. 416; Nov. 8, 1965, Pub. L. 89-333, Sec. 6(a), 9, 10(a), 11, 12(b)(1), (c), (d), 13, 79 Stat. 1291-1294, Oct. 3, 1967, Pub. L. 90-99, Sec. 7, 81 Stat. 253; July 7, 1968, Pub. L. 90-391, Sec. 10, 82 Stat. 301, related to definitions. Section 41a, act June 2, 1920, ch. 219, Sec. 12, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1284, and amended July 7, 1968, Pub. L. 90-391, Sec. 11, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91-610, Sec. 3, 84 Stat. 1817, related to grants for construction and staffing of rehabilitation facilities, providing in: subsec. (a) for authorization to make grants; subsec. (b) for project requirements, assurances, plans and specifications, and labor standards; subsec. (c) for percentage shares; subsec. (d) for reservation of grant funds, payment, and additional payments; subsec. (e) for recovery of Federal share upon cessation of public or non-profit character of rehabilitation facilities; subsec. (f) for grants for staffing facilities with professional or technical personnel and limitation on Federal share; subsec. (g) for planning grants; subsec. (h) for adjustments for overpayments or underpayments; subsec. (i) for authorization of appropriations; and subsec. (j) for definitions of 'construction', 'cost' of construction, and what a project for construction of a rehabilitation facility which is primarily a workshop, may include. Section 41b, act June 2, 1920, ch. 219, Sec. 13, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1286, and amended July 7, 1968, Pub. L. 90-391, Sec. 12, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91-610, Sec. 4, 84 Stat. 1817, related to rehabilitation facility improvement, providing in: subsec. (a) for grants for projects for training services, authorization, definition of training services, allowances, and payments; subsec. (b) for rehabilitation facility improvement grants; authorization, improvement of service capability, and payments; subsec. (c) for technical assistance to rehabilitation facilities, and compensation of experts and consultants; subsec. (d) for National Policy and Performance Council, its establishment, membership, function, and compensation of members; subsec. (e) for labor standards; and subsec. (f) for authorization of appropriations. Section 41c, act June 2, 1920, ch. 219, Sec. 14, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1288, related to waiver in the case of locally financed activity of requirement that plan be statewide. Sections 31 to 41c, referred to above, and sections 42-1 to 42b of this title, were known as the Vocational Rehabilitation Act. Section 500(a) of Pub. L. 93-112, which repealed that Act, also provided that references to such Vocational Rehabilitation Act in any other provision of law shall, ninety days after Sept. 26, 1973, be deemed to be references to the Rehabilitation Act of 1973, which is classified generally to chapter 15 (Sec. 701 et seq.) of this title. See section 790 of this title. Such former provisions are covered by various sections as follows: --------------------------------------------------------------------- Former sections Present sections --------------------------------------------------------------------- 31(a) 701(1), 720(a) 31(b)(1), (2) 720(b)(1), (2) 31(b)(3)(A) 761(a), 774(a) 31(b)(3)(B) 720(b)(2) 31(b)(3)(C), (D) 774(a)(1) 31(b)(4) See 720(b), 761(a), 774(a) 32(a) 730(a) 32(b) 731(a) 32(c) 724 33(a)(1) 740(a)(1) 33(a)(2) 741(a) 33(b) 741(b) 33(c) 709 33(d) 740(b) 34(a) 762(a), (b), 763, 774(b), 776(h) 34(a)(1) 762(a), (b) 34(a)(2)(A) 741(a), (b) 34(a)(2)(B) 774(d) 34(a)(2)(C) 763(b), 774(b) 34(a)(2)(D) 723(a)(7) 34(b) 741(c) 34(c) Repealed 35(a) 721(a) 35(a), (1), (2) 721(a)(1), (2) 35(a)(3) 721(a)(3), (4) 35(a)(4) 721(a)(5)(A)(i) 35(a)(5), (6) 721(a)(5), (6) 35(a)(7) 723(a)(1), (2) 35(a)(8), (9) 721(a)(10), (11) 35(a)(10) 721(a)(11), (12) 35(a)(11) 721(a)(13)(A) 35(a)(12), (13) 721(a)(14), (15) 35(a)(14) 721(a)(17) 35(b)-(d) 721(b)-(d) 36 731(b) 37(a), (b) 780(a), (b) 37(c)(1) 780(c) 37(c)(2) 785(a)(5) 37(d) See 780(d) 37(e) 783 38 See 791, 791(f)(1) 39 784 40 780(d) 41(a)(1) 706(14), 723(a)(1) 41(a)(1)(A)-(C) 723(a)(1)-(3) 41(a)(1)(D), (E) 723(a)(6), (7) 41(a)(2) 723(b) 41(a)(2)(A)(i)-(iv) 723(a)(4)(A)-(D) 41(a)(2)(B) 723(a)(5) 41(a)(2)(C) 723(a)(9) 41(a)(2)(D), (E) 723(b)(1), (2) 41(a)(2)(F) 723(a)(10) 41(a)(2)(G) 723(a) 41(a)(2)(H) 723(a)(3) 41(b) 706(4)(G), (6) 41(c) 706(10) 41(d) See 706(L) 41(e) 706(8) 41(f) 706(3) 41(g) 706(13) 41(h) 707(a) 41(i) 706(5) 41(j) 707(b) 41(k) 706(11) 41(l) 706(1) 41a(a) 771(b)(1) 41a(b) 771(b)(2), 776 41a(b)(1)(A)-(C) 776(b)(1)(A)-(C) 41a(b)(2) 776(b)(4) 41a(b)(3) See 780(b) 41a(b)(4) 776(b)(5) 41a(c) 771(b)(3) 41a(d), (e) 776(c), (d) 41a(f), (g) 771(c), (d) 41a(h) 776(e) 41a(i) 771(a) 41a(j)(1), (2) 706(1) 41a(j)(3) 776(f) 41b(a)(1)-(3) 772(b)(1)-(3) 41b(a)(4) 776(e) 41b(1), (2) 772(c)(1), (2) 41b(b)(3) 776(e) 41b(c) 774(e) 41b(d)(1)-(4) Repealed 41b(e) 776(b)(4) 41b(f) 772(a), 774 41c 721(a)(4) ------------------------------- EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Sept. 26, 1973, see section 500(a) of Pub. L. 93-112, which is classified to section 790(a) of this title. INCREASE OF ALLOTMENT PERCENTAGES FOR ALASKA Pub. L. 86-624, Sec. 47(g), July 12, 1960, 74 Stat. 424, provided that the allotment percentage determined for Alaska under section 41(h) of this title for the first to fourth years for which such percentage was based on the per capita income data for Alaska was to be increased by varying amounts each of those four years, that the Federal share for Alaska determined under section 41(i) of this title, for the first year for which such share was based on per capita income data for Alaska, was to be increased, and that where the first year for which such Federal share was based on per capital income data for Alaska was a fiscal year ending prior to July 1, 1962, the adjusted Federal share for Alaska for such year for purposes of section 32(b) of this title was to be the Federal share determined pursuant to section 41(i) of this title. LIMITATION ON EXPENDITURE OF FUNDS FOR SPECIAL PROJECTS Act Aug. 1, 1955, ch. 437, title II, 69 Stat. 403, provided in part that not more than $2 of the funds made available for special projects under section 34(a)(2) of this title was to be expended for any project for each $1 that the grantee, or the grantee and the State, expended for the same purpose. DISTRICT OF COLUMBIA VOCATIONAL REHABILITATION PROGRAM Act Aug. 3, 1954, ch. 655, Sec. 3, 68 Stat. 662, provided that materials which the Director of the Bureau of the Budget (now the Director of the Office of Management and Budget) determined related to the provision of vocational rehabilitation services in the District of Columbia or the performance of certain functions by State licensing agencies were to be transferred within ninety days after Aug. 3, 1954, from the Department of Health, Education, and Welfare to the municipal government of the District of Columbia, authorized the Board of Commissioners of the District of Columbia (now the Mayor of the District of Columbia) to take the necessary steps to secure the benefits of act June 2, 1920, ch. 219, 41 Stat. 735, and also authorized the Secretary of Health, Education, and Welfare to continue the performance of certain functions relating to rehabilitation services in the District of Columbia until the completion of the transfer of responsibility. HOMEBOUND PHYSICALLY HANDICAPPED INDIVIDUALS Act Aug. 3, 1954, ch. 655, Sec. 7, 68 Stat. 665, required the Secretary of Health, Education, and Welfare to make a thorough study of existing programs for teaching and training handicapped persons, commonly known as shut-ins, whose disabilities confine them to their homes or beds, for the purpose of ascertaining whether additional or supplementary programs or services are necessary, particularly in rural areas, in order to provide adequate general ameliorative and vocational training for such handicapped persons, and provided that the Secretary shall report to the Congress not later than six months after Aug. 3, 1954, the results of such study, together with such recommendations as may be desirable. STATE COMPLIANCE WITH CHAPTER Act July 6, 1943, ch. 190, Sec. 3(b), 57 Stat. 380, authorized particular States which were unable to comply with the preconditions of act June 2, 1920, ch. 219, 41 Stat. 735, on July 6, 1943, to secure the benefits of such act, for a period of sixty days after their particular State legislatures meet for the first time after such date. APPROPRIATIONS FOR VOCATIONAL REHABILITATION Act June 26, 1940, ch. 428, 54 Stat. 583, making appropriations for the fiscal year ending June 30, 1941, made certain appropriations for cooperative vocational rehabilitation, and expenses connected therewith, with provisions for apportionment to the States to be computed in accordance with act June 2, 1920, ch. 219, 41 Stat. 735, and other acts. ------DocID 37593 Document 62 of 944------ -CITE- 29 USC Sec. 41d, 42 -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 41d, 42. Repealed. Pub. L. 90-391, Sec. 13, July 7, 1968, 82 Stat. 304 -MISC1- Section 41d, act June 2, 1920, ch. 219, Sec. 15, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1289, established a National Commission on Architectural Barriers to Rehabilitation of the Handicapped in the Department of Health, Education, and Welfare, and provided for its membership and functions, appointment of experts and consultants, technical and administrative assistance, compensation of Commission members, interim and final reports, and authorization of appropriations. Section 42, act June 2, 1920, ch. 219, Sec. 16, formerly Sec. 12, as added Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 662, amended Sept. 10, 1965, Pub. L. 89-178, Sec. 2, 79 Stat. 676, and renumbered Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1284, authorized grants for special projects in correctional rehabilitation, prescribed conditions thereof, defined 'organization', established a National Advisory Council on Correctional Manpower and Training in the Department of Health, Education, and Welfare, and provided for its composition, selection of members, functions, compensation and travel expenses, appropriations, terms of grant, and additional financial support. CORRECTIONAL REHABILITATION RESEARCH AND STUDY; TIME EXTENSION FOR FINAL REPORT Pub. L. 91-6, Mar. 28, 1969, 83 Stat. 6, provided that the date by which the research and study initiated and the final report required by section 42 of this title (as in effect prior to July 7, 1968) was to be completed was July 31, 1969. ------DocID 37594 Document 63 of 944------ -CITE- 29 USC Sec. 42-1 to 42b -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 42-1 to 42b. Repealed. Pub. L. 93-112, title V, Sec. 500(a), Sept. 26, 1973, 87 Stat. 390 -MISC1- Section 42-1, act June 2, 1920, ch. 219, Sec. 15, as added July 7, 1968, Pub. L. 90-391, Sec. 13, 82 Stat. 304, and amended Dec. 31, 1970, Pub. L. 91-610, Sec. 5, 84 Stat. 1817, related to vocational evaluation and work adjustment program, providing in: subsec. (a) for computation of allotments, authorization of appropriations, Federal payments, restriction on payments, evaluation and work adjustment services, and disadvantaged individuals; subsec. (b) for restriction on payments; subsec. (c) for State plans and requirements for approval; subsec. (d) for withholding of payments and judicial review; and subsec. (e) for payments to States adjustments, advances or reimbursement, installments, and conditions. Section 42a, act June 2, 1920, ch. 219, Sec. 16, formerly Sec. 17, as added Oct. 3, 1967, Pub. L. 90-99, Sec. 4, 81 Stat. 251, renumbered July 7, 1968, Pub. L. 90-391, Sec. 13, 82 Stat. 304, related to National Center for Deaf-Blind Youths and Adults, providing in: subsec. (a) for statement of purpose, agreement for establishment and operation of the National Center, and its designation; subsec. (b) for proposals and preference; subsec. (c) for terms and conditions of agreement; subsec. (d) for recovery of funds for non-user of facilities for contemplated purposes or termination of agreement, and cause for release from obligation; and subsec. (e) for definition of 'construction' for determination pursuant to regulations of the Secretary of who are both deaf and blind. Subsections (c)(2) to (4) of section 42a were amended by Pub. L. 93-608, Sec. 1(8), Jan. 2, 1975, 88 Stat. 1968, without reference to the repeal of this section by Pub. L. 93-112. The purported amendment would have eliminated the annual report of the National Center for Deaf-Blind Youths and Adults, through the Secretary of the Department of Health, Education, and Welfare, to the Congress with comments and recommendations as the Secretary deemed appropriate. Section 42b, act June 2, 1920, ch. 219, Sec. 17, formerly Sec. 18, as added Oct. 3, 1967, Pub. L. 90-99, Sec. 5, 81 Stat. 252, and renumbered July 7, 1968, Pub. L. 90-391, Sec. 13, 82 Stat. 304, related to grants for services for migratory agricultural workers, authorization, payments, and other related provisions. Sections 42-1 to 42b, referred to above, and sections 31 to 41c of this title, were known as the Vocational Rehabilitation Act. Section 500(a) of Pub. L. 93-112, which repealed that Act, also provided that references to such Vocational Rehabilitation Act in any other provision of law shall, ninety days after Sept. 26, 1973, be deemed to be references to the Rehabilitation Act of 1973, which is classified generally to chapter 15 (Sec. 701 et seq.) of this title. See section 790 of this title. Such former provisions are covered by various sections as follows: --------------------------------------------------------------------- Former sections Present sections --------------------------------------------------------------------- 42-1(a)(1) See 730(a), 740(a) 42-1(a)(2) 720(b)(1) 42-1(a)(3) Repealed 42-1(a)(4)(A)-(F) 706(4)(A)-(F) 42-1(a), last sentence Repealed 42-1(b) 709 42-1(c) See 721(a) 42-1(c)(1) 721(a)(1) 42-1(c)(2) 721(a)(3) 42-1(c)(3) 721(a)(5)(A) 42-1(c)(4), (5) 721(a)(6), (7) 42-1(c)(6) Repealed 42-1(c)(7) 721(a)(10) 42-1(c)(8) See 721(a)(11) 42-1(d) See 721(c), (d) 42-1(e) See 776(e) 42a(a), (b) 775(b), (c) 42a(c)(1)-(3) 776(b)(2), (3), (5) 42a(c)(4) Repealed 42a(d) 776(d) 42a(e)(1) 706(1) 42a(e)(2) See 723(a)(6) 42b 774(c) ------------------------------- EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Sept. 26, 1973, see section 500(a) of Pub. L. 93-112, which is classified to section 790(a) of this title. ------DocID 37595 Document 64 of 944------ -CITE- 29 USC Sec. 43 to 45b -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 43 to 45b. Omitted -COD- CODIFICATION Section 43, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, as amended by Ex. Ord. No. 6166, Sec. 15, June 10, 1933; 1939 Reorg. Plan No. I, Sec. 201, 204, eff. July 1, 1939, related to report, by Federal Security Agency, of gifts or donations. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions. Section 44, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, related to prohibition of discrimination for or against persons entitled to benefits of act of June 2, 1920. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions. Section 45, act Mar. 10, 1924, ch. 46, Sec. 5, 43 Stat. 18, related to extension of provisions of sections 31 to 44 of this title to the Territory of Hawaii and appropriation authorization for allotment. Section 45a, acts Mar. 3, 1931, ch. 404, Sec. 2, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, related to extension of provisions of sections 31 to 44 of this title upon the same terms and conditions as any of the several states. Section 45b, acts Aug. 14, 1935, ch. 531, title V, Sec. 531, 49 Stat. 633; Aug. 10, 1939, ch. 666, title V, Sec. 508, 53 Stat. 1381, related to an authorization of appropriations for each fiscal year after fiscal year ending June 30, 1937, and appropriations therefor together with apportionment of appropriations to the states and to the Territory of Hawaii. ------DocID 37596 Document 65 of 944------ -CITE- 29 USC CHAPTER 4A -EXPCITE- TITLE 29 CHAPTER 4A -HEAD- CHAPTER 4A - EMPLOYMENT STABILIZATION -MISC1- PRIOR PROVISIONS A prior chapter 4A, consisting of sections 47 to 47f, act Feb. 23, 1929, ch. 303, Sec. 1-7, 45 Stat. 1260, related to vocational rehabilitation of disabled residents of the District of Columbia. ------DocID 37597 Document 66 of 944------ -CITE- 29 USC Sec. 48, 48a -EXPCITE- TITLE 29 CHAPTER 4A -HEAD- Sec. 48, 48a. Omitted -COD- CODIFICATION Sections 48 to 48g of this title comprised the Employment Stabilization Act of 1931, act Feb. 10, 1931, ch. 117, Sec. 1-8, 46 Stat. 1084-1086, which became obsolete upon the abolition of the National Resources Planning Board effective Aug. 31, 1943, by act June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat. 170. Section 48, act Feb. 10, 1931, ch. 117, Sec. 1, 46 Stat. 1084, related to citation of 'Employment Stabilization Act of 1931'. Section 48a, act Feb. 10, 1931, ch. 117, Sec. 2, 46 Stat. 1084; Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, Sec. 4, 6 eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423; 1939 Reorg. Plan No. II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, related to definitions of terms used in this chapter. ------DocID 37598 Document 67 of 944------ -CITE- 29 USC Sec. 48b -EXPCITE- TITLE 29 CHAPTER 4A -HEAD- Sec. 48b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648 -MISC1- Section, act Feb. 10, 1931, ch. 117, Sec. 3, 46 Stat. 1085, Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, Sec. 4, 6, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, related to powers and duties of the National Resources Planning Board, which was abolished by act June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat. 170. ------DocID 37599 Document 68 of 944------ -CITE- 29 USC Sec. 48c to 48g -EXPCITE- TITLE 29 CHAPTER 4A -HEAD- Sec. 48c to 48g. Omitted -COD- CODIFICATION Section 48c, act Feb. 10, 1931, ch. 117, Sec. 4, 46 Stat. 1085; Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, Sec. 4, 6, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, related to basis of action of the National Resources Planning Board which was abolished. See note below. Section 48d, act Feb. 10, 1931, ch. 117, Sec. 5, 46 Stat. 1086; Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, Sec. 4, 6, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, related to public works emergency appropriations during existence of depression periods. Section 48e, act Feb. 10, 1931, ch. 117, Sec. 6, 46 Stat. 1086, related to use of emergency appropriations authorized by section 48d of this title. Section 48f, act Feb. 10, 1931, ch. 117, Sec. 7, 46 Stat. 1086, related to acceleration of emergency construction work. Section 48g, act Feb. 10, 1931, ch. 117, Sec. 8, 46 Stat. 1086; Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, Sec. 4, 6, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, related to advance planning by construction agencies of the government and submission of programs, plans, and estimates to the National Resources Planning Board which was abolished. See note below. -MISC3- NATIONAL RESOURCES PLANNING BOARD The National Resources Planning Board was abolished August 31, 1943, by act June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat. 170, and it was expressly provided that its functions were not to be transferred to any other agency, that the Director should exercise until January 1, 1944, such authority as was necessary to effectuate the discontinuance of the Board, and that the records and files of the Board should be transferred to the national archives. ------DocID 37600 Document 69 of 944------ -CITE- 29 USC CHAPTER 4B -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE -MISC1- Sec. 49. United States Employment Service established. 49a. Definitions. 49b. Function of Service. 49c. Acceptance by States; creation of State agencies. 49c-1. Transfer to States of property used by United States Employment Service. 49c-2 to 49c-5. Omitted, Repealed, or Transferred. 49d. Appropriations; certification for payment to States. (a) Authorization of appropriations. (b) Certification for payment to States. (c) Availability of appropriations; transition. 49d-1. Omitted. 49e. Allotment of funds. 49f. Percentage disposition of allotted funds. (a) Use of 90 percent of funds allotted. (b) Use of 10 percent of funds allotted. (c) Joint funding. (d) Performance of services and activities under contract. 49g. State plans. (a) Submission to Secretary of Labor. (b) Plan preparation at State and national level. (c) Review by Governor. (d) Contents of plans. (e) Approval by Secretary. 49h. Fiscal controls and accounting procedures. (a) Audit. (b) Evaluations by Comptroller General. (c) Repayment of funds by State. 49i. Recordkeeping and accountability. (a) Records. (b) Investigations. (c) Reports. 49j. Federal Advisory Council; establishment and composition; State Advisory Councils; notice of strikes and lockouts to applicants. 49k. Rules and regulations. 49l. Miscellaneous operating authorities. 49l-1. Authorization of appropriations. 49m, 49n. Omitted. -CROSS- CROSS REFERENCES National Policy on Employment, see sections 1021 to 1025 of Title 15, Commerce and Trade. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1531, 1532, 1533, 1535, 1604, 1661c, 1751, 1811 of this title; title 20 sections 2403, 2468; title 26 section 51; title 38 sections 2001, 2004; title 39 section 3202; title 42 sections 1101, 4728. ------DocID 37601 Document 70 of 944------ -CITE- 29 USC Sec. 49 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49. United States Employment Service established -STATUTE- In order to promote the establishment and maintenance of a national system of public employment offices, the United States Employment Service shall be established and maintained within the Department of Labor. -SOURCE- (June 6, 1933, ch. 49, Sec. 1, 48 Stat. 113; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(a), formerly title V, Sec. 501(a), 96 Stat. 1392, renumbered title VI, Sec. 601(a), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-300 substituted 'the United States Employment Service shall be established and maintained within the Department of Labor' for 'there is created in the Department of Labor a bureau to be known as the United States Employment Service'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. SHORT TITLE Act June 6, 1933, ch. 49, Sec. 15, as added by Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec. 501(h), Oct. 13, 1982, 96 Stat. 1397; renumbered title VI, Sec. 601(h), Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248, provided that: 'This Act (this chapter) may be cited as the 'Wagner-Peyser Act'.' -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Labor under this chapter, insofar as relates to prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(2)(A) of Title 42, The Public Health and Welfare. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department were, with exception of functions vested by Administrative Procedure Act (see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by such Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. United States Employment Service transferred to Department of Labor, functions of Federal Security Administrator with respect to employment services, and Bureau of Employment Security transferred to Secretary of Labor by Reorg. Plan No. 2 of 1949, Sec. 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, set out in the Appendix to Title 5. Section 1 of Reorg. Plan No. 2 of 1949, also provided that functions transferred by this section shall be performed by Secretary of Labor or, subject to his direction and control, by such officers, agencies, and employees of Department of Labor as he shall designate. Act June 16, 1948, ch. 472, title I, 62 Stat. 446, provided in part that: 'Effective July 1, 1948, the United States Employment Service, including its functions under title IV of the Servicemen's Readjustment Act of 1944, is transferred to the Federal Security Agency, and on and after such date the functions of the Secretary of Labor with respect to the United States Employment Service are transferred to the Federal Security Administrator and shall be performed by him or, under his direction and control, by such officers and employees of the Federal Security Agency as he may designate. There are transferred to the Federal Security Agency, for use in connection with the functions transferred by the provisions of this paragraph, the personnel, property, and records of the Department of Labor related to the United States Employment Service, and the balances of such prior appropriations, allocations, and other funds available to the United States Employment Service as the Director of the Bureau of the Budget may determine. The provisions of section 9 of the Reorganization Act of 1945 (Public Law 263, Seventy-ninth Congress) shall apply to the transfer effected by this paragraph in like manner as if such transfer were a reorganization of the agencies and functions concerned under the provisions of that Act.' United States Employment Service and all functions of Social Security Board in Federal Security Agency relating to employment service transferred to War Manpower Commission by Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379. That Commission was terminated by Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929, and the United States Employment Service transferred to the Department of Labor. Reorg. Plan No. I of 1939, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, set out in the Appendix to Title 5, Government Organization and Employees, consolidated United States Employment Service in Department of Labor and its functions and personnel, with other offices and agencies, under one agency to be known as Federal Security Agency with a Federal Security Administrator at head thereof. Section 203 of Reorg. Plan No. I of 1939, provided that functions of United States Employment Service should be consolidated with unemployment compensation functions of Social Security Board and should be administered in Social Security Board in connection with unemployment compensation functions under direction and supervision of Federal Security Administrator. Section 203 of Reorg. Plan No. I of 1939, further, abolished office of Director of United States Employment Service and transferred all functions of that office to Social Security Board, to be exercised by Board, and provided that functions of Secretary of Labor relating to administration of United States Employment Service should be transferred to, and exercised by, Federal Security Administrator. -MISC5- ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA Pub. L. 93-198, title II, Sec. 204(a), Dec. 24, 1973, 87 Stat. 783, provided that: 'All functions of the Secretary of Labor (hereafter in this section referred to as the Secretary) under section 3 of the Act (section 49b of this title) entitled 'An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes', approved June 6, 1933 (29 U.S.C. 49-49k), with respect to the maintenance of a public employment service for the District (of Columbia), are transferred (effective July 1, 1974) to the Commissioner (of the District of Columbia established under Reorg. Plan No. 3 of 1967 (now the Mayor)). After the effective date of this transfer (July 1, 1974), the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the States) generally.' RECRUITMENT AND DISTRIBUTION OF FARM LABOR Act July 3, 1948, ch. 823, Sec. 1, 62 Stat. 1238, authorized the Federal Security Administrator to recruit foreign workers within the Western Hemisphere and workers in Puerto Rico for temporary agricultural employment in the continental United States and to direct, supervise, coordinate, and provide for the transportation of those workers from such places of recruitment to and between places of employment within the continental United States and return to the places of recruitment not later than June 30, 1949. Section 2 of act July 3, 1948, appropriated $2,500,000, for fiscal year ending June 30, 1949, to carry out the purposes of section 1 of act July 3, 1948. FARM PLACEMENT SERVICE Act Apr. 28, 1947, ch. 43, Sec. 2, 61 Stat. 55, provided: '(a) The provisions of the Farm Labor Supply Appropriation Act, 1944 (Public Law 229, Seventy-eighth Congress, second session, title I (sections 1351 to 1355 of Appendix to Title 50, War and National Defense)), as amended and supplemented, and as extended by this Act, shall not be construed to limit or interfere with any of the functions of the United States Employment Service or State public employment services with respect to maintaining a farm placement service as authorized under the Act of June 6, 1933 (48 Stat. 113) (this chapter). '(b) The Secretary of Agriculture and the Secretary of Labor shall take such action as may be necessary to assure maximum cooperation between the agricultural extension services of the land-grant colleges and the State public employment agencies in the recruitment and placement of domestic farm labor and in the keeping of such records and information with respect thereto as may be necessary for the proper and efficient administration of the State unemployment compensation laws and of title V of the Servicemen's Readjustment Act of 1944, as amended (58 Stat. 295).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 37602 Document 71 of 944------ -CITE- 29 USC Sec. 49a -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49a. Definitions -STATUTE- For purposes of this chapter - (1) the term 'chief elected official or officials' has the same meaning given that term under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); (2) the term 'private industry council' has the same meaning given that term under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); (3) the term 'Secretary' means the Secretary of Labor; (4) the term 'service delivery area' has the same meaning given that term under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); and (5) the term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. -SOURCE- (June 6, 1933, ch. 49, Sec. 2, 48 Stat. 114; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(a), formerly title V, Sec. 501(a), 96 Stat. 1392, renumbered title VI, Sec. 601(a), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act June 6, 1933, ch. 49, 48 Stat. 113, as amended, which was classified to this chapter and section 338 of former Title 39, The Postal Service. Section 338 of former title 39 was repealed and reenacted as section 4152 of former Title 39, The Postal Service, by Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 578. Section 4152 of former title 39 was repealed and reenacted as section 3202 of Title 39, Postal Service, by Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719. The Job Training Partnership Act, referred to in pars. (1), (2), and (4), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified principally to chapter 19 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. -MISC2- AMENDMENTS 1982 - Pub. L. 97-300 amended section generally, substituting provisions relating to definitions for provisions which authorized appointment of personnel and payment of office expenses. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service, see note set out under section 49 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 37603 Document 72 of 944------ -CITE- 29 USC Sec. 49b -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49b. Function of Service -STATUTE- (a) The United States Employment Service shall assist in coordinating the State public employment services throughout the country and in increasing their usefulness by developing and prescribing minimum standards of efficiency, assisting them in meeting problems peculiar to their localities, promoting uniformity in their administrative and statistical procedure, furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system, and maintaining a system for clearing labor between the States. (b) It shall be the duty of the Secretary of Labor to assure that unemployment insurance and employment service offices in each State, as appropriate, upon request of a public agency administering or supervising the administration of a State plan approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), of a public agency charged with any duty or responsibility under any program or activity authorized or required under part D of title IV of such Act (42 U.S.C. 651 et seq.), or of a State agency charged with the administration of the food stamp program in a State under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), shall (and, notwithstanding any other provision of law, is authorized to) furnish to such agency making the request, from any data contained in the files of any such office, information with respect to any individual specified in the request as to (1) whether such individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received by such individual, (2) the current (or most recent) home address of such individual, and (3) whether such individual has refused an offer of employment and, if so, a description of the employment so offered and the terms, conditions, and rate of pay therefor. -SOURCE- (June 6, 1933, ch. 49, Sec. 3, 48 Stat. 114; Sept. 8, 1950, ch. 933, Sec. 1, 64 Stat. 822; Aug. 3, 1954, ch. 655, Sec. 6(a), 68 Stat. 665; Aug. 1, 1956, ch. 852, Sec. 17(a), 70 Stat. 910; July 12, 1960, Pub. L. 86-624, Sec. 21(a), 74 Stat. 417; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 204(c), 87 Stat. 783; Oct. 20, 1976, Pub. L. 94-566, title V, Sec. 508(a), 90 Stat. 2689; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(a), formerly title V, Sec. 501(a), 96 Stat. 1392, renumbered title VI, Sec. 601(a), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248; Dec. 23, 1985, Pub. L. 99-198, title XV, Sec. 1535(b)(2), 99 Stat. 1584.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Social Security Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Part D of title IV of such Act is classified generally to part D (Sec. 651 et seq.) of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Food Stamp Act of 1977, referred to in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. -MISC2- AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-198 inserted reference to a State agency charged with the administration of the food stamp program in a State under the Food Stamp Act. 1982 - Pub. L. 97-300, amended section generally, substituting provisions which set out functions of the Service and duties of the Secretary of Labor for provisions which had stated the purposes of the Service, including services to veterans and supplying of data for the administration of programs in aid of families with dependent children, and defined 'State'. 1976 - Subsec. (a). Pub. L. 94-566 provided that the bureau has a further duty to assure that the employment offices in each State, upon request of a public agency administering or supervising the administration of a State plan approved under part A of title IV of the Social Security Act or of a public agency charged with any duty or responsibility under any program or activity authorized or required under part D of title IV of such Act, furnish to such agency making the request, from any data contained in the files of any such employment office, information with respect to any individual specified in the request as to whether such individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received by such individual, the current (or most recent) home address of such individual, and whether such individual has refused an offer of employment and, if so, a description of the employment so offered and terms, conditions, and rate of pay therefor. 1973 - Subsec. (a). Pub. L. 93-198, Sec. 204(c)(1), struck out function of maintaining a public employment service for the District of Columbia from the functions of the bureau. Subsec. (b). Pub. L. 93-198, Sec. 204(c)(2), included District of Columbia in definition of 'State' or 'States'. 1960 - Subsec. (b). Pub. L. 86-624 struck out 'Hawaii, Alaska,' before 'Puerto Rico'. 1956 - Subsec. (b). Act Aug. 1, 1956, inserted 'Guam' after 'Puerto Rico'. 1954 - Subsec. (a). Act Aug. 3, 1954, inserted provisions relating to employment counseling and placement services for handicapped persons. 1950 - Subsec. (b). Act Sept. 8, 1950, included Puerto Rico and Virgin Islands in definition of 'State' or 'States'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. EFFECTIVE DATE OF 1973 AMENDMENT Section 771(b) of Pub. L. 93-198 provided in part that title II of Pub. L. 93-198 (amending this section and section 50 of this title and enacting provisions set out as notes under section 49 of this title and section 8101 of Title 5, Government Organization and Employees), shall take effect on July 1, 1974. EFFECTIVE DATE OF 1954 AMENDMENT Section 8 of act Aug. 3, 1954, provided that: 'The amendments made by this Act (enacting section 107e-1 of Title 20, Education, and amending this section, sections 31 to 41, 42, and 49g of this title, sections 107, 107a, 107b, 107e, and 107f of Title 20, Education, and section 155a of Title 36, Patriotic Societies and Observances) shall become effective July 1, 1954.' -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service, see note set out under section 49 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 49a of this title; title 7 section 2022; title 39 section 3202; title 42 section 603a. ------DocID 37604 Document 73 of 944------ -CITE- 29 USC Sec. 49c -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c. Acceptance by States; creation of State agencies -STATUTE- In order to obtain the benefits of appropriations apportioned under section 49d of this title, a State shall, through its legislature, accept the provisions of this chapter and designate or authorize the creation of a State agency vested with all powers necessary to cooperate with the United States Employment Service under this chapter. -SOURCE- (June 6, 1933, ch. 49, Sec. 4, 48 Stat. 114.) -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service, see note set out under section 49 of this title. -MISC5- TRANSFER OF STATE AGENCIES TO THE STATES Act July 26, 1946, ch. 672, title I, 60 Stat. 684, provided in part: 'On November 15, 1946, the Secretary of Labor shall transfer, to the State agency in each State designated under section 4 of the Act of Congress approved June 6, 1933, as amended (this section), as the agency to administer the State-wide system of public employment offices in cooperation with the United States Employment Service under said Act (this chapter), the operation of State and local public employment office facilities and properties which were transferred by such State to the Federal Government in 1942 to promote the national war effort. The Secretary of Labor shall, on request of the State agency, also provide for the transfer and assignment to such State, without reimbursement therefor, of any other public employment office facilities and properties within such State, including records, files, and office equipment: Provided, That as a condition to such transfer and assignment of Federal properties, the Secretary may require the recipient State to waive any claim which may then exist or thereafter arise out of the use made by the Federal Government of, or for the loss of or damage to, property and facilities transferred to the Federal Government as hereinabove described.' -CROSS- CROSS REFERENCES Transfer of Federal property to States, see section 49c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 49c-1 of this title; title 39 section 3202. ------DocID 37605 Document 74 of 944------ -CITE- 29 USC Sec. 49c-1 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-1. Transfer to States of property used by United States Employment Service -STATUTE- For the purpose of assisting the State employment services established and maintained in accordance with the terms of this chapter, the Secretary of Labor is authorized without payment of compensation to transfer and assign to the States in which it is located all property, including records, files, and office equipment, used by the United States Employment Service in its administrative and local employment offices in the respective States, except the records, files, and property used in the Veterans' Service and in the Farm Placement Service maintained under this chapter, as soon as such States establish and maintain systems of public employment offices, in accordance with the terms of sections 49c, 49d, and 49g of this title and the regulations promulgated thereunder. -SOURCE- (Aug. 11, 1939, ch. 693, 53 Stat. 1409; Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929; June 16, 1948, ch. 472, title I, 62 Stat. 446; 1949 Reorg. Plan No. 2, Sec. 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065.) -COD- CODIFICATION This section was not enacted as part of the Wagner-Peyser Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service to Secretary of Labor, see note set out under section 49 of this title. ------DocID 37606 Document 75 of 944------ -CITE- 29 USC Sec. 49c-2 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-2. Omitted -COD- CODIFICATION Section, act July 26, 1946, ch. 672, title I, 60 Stat. 684, 685, which authorized transfer to and retention in State system of public employment offices of Federal employees, was from the Department of Labor Act, 1947, and was not repeated in subsequent appropriation acts. ------DocID 37607 Document 76 of 944------ -CITE- 29 USC Sec. 49c-3 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-3. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 653 -MISC1- Section, act July 26, 1946, ch. 672, title I, 60 Stat. 685, provided for refund of retirement deductions and interest to members of Social Security Boards returning to State employment. ------DocID 37608 Document 77 of 944------ -CITE- 29 USC Sec. 49c-4 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-4. Transferred -COD- CODIFICATION Section, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 226, which related to personnel standards, was transferred to section 49n of this title and subsequently omitted from the Code. ------DocID 37609 Document 78 of 944------ -CITE- 29 USC Sec. 49c-5 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-5. Omitted -COD- CODIFICATION Section, act July 8, 1947, ch. 210, title I, 61 Stat. 263, which related to a joint budget, was from the Department of Labor Appropriation Act, 1948, and was not repeated in subsequent appropriation acts. Similar provisions were contained in act July 26, 1946, ch. 672, title I, Sec. 101, 60 Stat. 686. ------DocID 37610 Document 79 of 944------ -CITE- 29 USC Sec. 49d -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49d. Appropriations; certification for payment to States -STATUTE- (a) Authorization of appropriations There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts from time to time as the Congress may deem necessary to carry out the purposes of this chapter. (b) Certification for payment to States The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State which - (1) except in the case of Guam, has an unemployment compensation law approved by the Secretary under the Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.) and is found to be in compliance with section 503 of title 42, (2) is found to have coordinated the public employment services with the provision of unemployment insurance claimant services, and (3) is found to be in compliance with this chapter, such amounts as the Secretary determines to be necessary for allotment in accordance with section 49e of this title. (c) Availability of appropriations; transition (1) Beginning with fiscal year 1985 and thereafter appropriations for any fiscal year for programs and activities assisted or conducted under this chapter shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made. (2) Funds obligated for any program year may be expended by the State during that program year and the two succeeding program years and no amount shall be deobligated on account of a rate of expenditure which is consistent with the program plan. (3)(A) Appropriations for fiscal year 1984 shall be available both to fund activities for the period between October 1, 1983, and July 1, 1984, and for the program year beginning July 1, 1984. (B) There are authorized to be appropriated such additional sums as may be necessary to carry out the provisions of this paragraph for the transition to program year funding. -SOURCE- (June 6, 1933, ch. 49, Sec. 5, 48 Stat. 114; May 10, 1935, ch. 102, 49 Stat. 216; June 29, 1938, ch. 816, 52 Stat. 1244; Sept. 8, 1950, ch. 933, Sec. 2, 64 Stat. 822; Aug. 1, 1956, ch. 852, Sec. 17(b), 70 Stat. 910; Sept. 13, 1960, Pub. L. 86-778, title V, Sec. 543(c), 74 Stat. 987; Oct. 20, 1976, Pub. L. 94-566, title I, Sec. 116(c), 90 Stat. 2672; Aug. 13, 1981, Pub. L. 97-35, title VII, Sec. 702, 95 Stat. 521; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(b), formerly title V, Sec. 501(b), 96 Stat. 1392, renumbered title VI, Sec. 601(b), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -REFTEXT- REFERENCES IN TEXT The Federal Unemployment Tax Act, referred to in subsec. (b)(1), is act Aug. 16, 1954, ch. 736, Sec. 3301 to 3311, 68A Stat. 454, as amended, which is classified generally to chapter 23 (Sec. 3301 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3311 of Title 26 and Tables. -MISC2- AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-300 added subsec. (b). Former subsec. (b), which related to certification of compliance by the Secretary to the Secretary of the Treasury with regard to the Federal Unemployment Tax Act by State programs and payment of monies for the operation of the State systems, was struck out. Subsec. (c). Pub. L. 97-300 added subsec. (c). 1981 - Subsec. (b). Pub. L. 97-35 inserted provisions authorizing appropriations for fiscal year beginning Oct. 1, 1981, and definition of 'proper and efficient administration of its public employment offices'. 1976 - Subsec. (b). Pub. L. 94-566 substituted 'Guam' for 'Guam and the Virgin Islands'. 1960 - Subsec. (b). Pub. L. 86-778 substituted 'Guam and the Virgin Islands' for 'Puerto Rico, Guam, and the Virgin Islands'. 1956 - Subsec. (b). Act Aug. 1, 1956, inserted 'Guam' after 'Puerto Rico'. 1950 - Subsec. (a). Act, Sept. 8, 1950, struck out apportionment formula and requirement that States match the funds granted them. 1938 - Subsec. (a). Act June 29, 1938, substituted 'The annual appropriation under this chapter shall designate the amount to' for 'Seventy-five per centum of the amounts appropriated under this chapter shall', at beginning of second sentence, and 'the said amount among the several States' for 'said 75 per centum of amounts appropriated after January 1, 1935, under this chapter' in proviso. 1935 - Subsec. (a). Act May 10, 1935, inserted proviso. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-566 effective on later of Oct. 1, 1976, or day after day on which Secretary of Labor approves under section 3304(a) of Title 26, Internal Revenue Code, an unemployment compensation law submitted to him by Virgin Islands for approval, see section 116(f)(1) of Pub. L. 94-566, set out as a note under section 3304 of Title 26. EFFECTIVE DATE OF 1960 AMENDMENT Section 543(c) of Pub. L. 86-778 provided that the amendment made by that section is effective on and after Jan. 1, 1961. -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service, see note set out under section 49 of this title. -MISC5- SUSPENSION OF STATE APPROPRIATION REQUIREMENTS UNTIL JULY 1, 1952 Act Sept. 6, 1950, ch. 896, Ch. V, title I, 64 Stat. 643, provided in part that: 'No State shall be required to make any appropriation as provided in section 5(a) of said Act of June 6, 1933 (subsec. (a) of this section), prior to July 1, 1952.' Similar provisions suspending the requirement until July 1, 1950 were contained in acts June 16, 1948, ch. 472, title I, 62 Stat. 445; June 29, 1949, ch. 275, title II, 63 Stat. 284. -CROSS- CROSS REFERENCES Transfer of Federal property to States, see section 49c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 49c, 49c-1, 49e of this title; title 39 section 3202. ------DocID 37611 Document 80 of 944------ -CITE- 29 USC Sec. 49d-1 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49d-1. Omitted -COD- CODIFICATION Section, act June 16, 1937, ch. 359, title IV, 50 Stat. 302, provided for reapportionment of unexpended appropriations. ------DocID 37612 Document 81 of 944------ -CITE- 29 USC Sec. 49e -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49e. Allotment of funds -STATUTE- (a) From the amounts appropriated pursuant to section 49d of this title for each fiscal year, the Secretary shall first allot to Guam and the Virgin Islands an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage which each received of amounts available under this chapter in fiscal year 1983. (b)(1) Subject to paragraphs (2), (3), and (4) of this subsection, the Secretary shall allot the remainder of the sums appropriated and certified pursuant to section 49d of this title for each fiscal year among the States as follows: (A) two-thirds of such sums shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State as compared to the total number of such individuals in all States; and (B) one-third of such sums shall be allotted on the basis of the relative number of unemployed individuals in each State as compared to the total number of such individuals in all States. For purposes of this paragraph, the number of individuals in the civilian labor force and the number of unemployed individuals shall be based on data for the most recent calendar year available, as determined by the Secretary of Labor. (2) No State's allotment under this section for any fiscal year shall be less than 90 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made. For the purpose of this section, the Secretary shall determine the allotment percentage for each State (including Guam and the Virgin Islands) for fiscal year 1984 which is the percentage that the State received under this chapter for fiscal year 1983 of the total amounts available for payments to all States for such fiscal year. For each succeeding fiscal year, the allotment percentage for each such State shall be the percentage that the State received under this chapter for the preceding fiscal year of the total amounts available for allotments for all States for such fiscal year. (3) For each fiscal year, no State shall receive a total allotment under paragraphs (1) and (2) which is less than 0.28 percent of the total amount available for allotments for all States. (4) The Secretary shall reserve such amount, not to exceed 3 percent of the sums available for allotments under this section for each fiscal year, as shall be necessary to assure that each State will have a total allotment under this section sufficient to provide staff and other resources necessary to carry out employment service activities and related administrative and support functions on a statewide basis. (5) The Secretary shall, not later than March 15 of fiscal year 1983 and each succeeding fiscal year, provide preliminary planning estimates and shall, not later than May 15 of each such fiscal year, provide final planning estimates, showing each State's projected allocation for the following year. -SOURCE- (June 6, 1933, ch. 49, Sec. 6, as added Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(c), formerly title V, Sec. 501(c), 96 Stat. 1393, renumbered title VI, Sec. 601(c), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- PRIOR PROVISIONS A prior section 49e, act June 6, 1933, ch. 49, Sec. 6, 48 Stat. 115, which related to apportionment of appropriations, and certification to Secretary of the Treasury, was repealed by act Sept. 8, 1950, ch. 933, Sec. 3, 64 Stat. 823. EFFECTIVE DATE Section effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 49d, 49f of this title. ------DocID 37613 Document 82 of 944------ -CITE- 29 USC Sec. 49f -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49f. Percentage disposition of allotted funds -STATUTE- (a) Use of 90 percent of funds allotted Ninety percent of the sums allotted to each State pursuant to section 49e of this title may be used - (1) for job search and placement services to job seekers including counseling, testing, occupational and labor market information, assessment, and referral to employers; (2) for appropriate recruitment services and special technical services for employers; and (3) for any of the following activities: (A) evaluation of programs; (B) developing linkages between services funded under this chapter and related Federal or State legislation, including the provision of labor exchange services at education sites; (C) providing services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations which are experiencing limited demand due to technological change, impact of imports, or plant closures; (D) developing and providing labor market and occupational information; (E) developing a management information system and compiling and analyzing reports therefrom; and (F) administering the work test for the State unemployment compensation system and providing job finding and placement services for unemployment insurance claimants. (b) Use of 10 percent of funds allotted Ten percent of the sums allotted to each State pursuant to section 49e of this title shall be reserved for use in accordance with this subsection by the Governor of each such State to provide - (1) performance incentives for public employment service offices and programs, consistent with performance standards established by the Secretary, taking into account direct or indirect placements (including those resulting from self-directed job search or group job search activities assisted by such offices or programs), wages on entered employment, retention, and other appropriate factors; (2) services for groups with special needs, carried out pursuant to joint agreements between the employment service and the appropriate private industry council and chief elected official or officials or other public agencies or private nonprofit organizations; and (3) the extra costs of exemplary models for delivering services of the types described in subsection (a) of this section. (c) Joint funding (1) Funds made available to States under this section may be used to provide additional funds under an applicable program if - (A) such program otherwise meets the requirements of this chapter and the requirements of the applicable program; (B) such program serves the same individuals that are served under this chapter; (C) such program provides services in a coordinated manner with services provided under this chapter; and (D) such funds would be used to supplement, and not supplant, funds provided from non-Federal sources. (2) For purposes of this subsection, the term 'applicable program' means any program under any of the following provisions of law: (A) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.). (B) Section 123 (29 U.S.C. 1533), title II (29 U.S.C. 1601 et seq.), and title III (29 U.S.C. 1651 et seq.) of the Job Training Partnership Act. (d) Performance of services and activities under contract In addition to the services and activities otherwise authorized by this chapter, the United States Employment Service or any State agency designated under this chapter may perform such other services and activities as shall be specified in contracts for payment or reimbursement of the costs thereof made with the Secretary of Labor or with any Federal, State, or local public agency, or administrative entity under the Job Training Partnership Act (29 U.S.C. 1501 et seq.), or private nonprofit organization. -SOURCE- (June 6, 1933, ch. 49, Sec. 7, as added Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(c), formerly title V, Sec. 501(c), 96 Stat. 1394; renumbered title VI, Sec. 601(c), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248; amended Sept. 25, 1990, Pub. L. 101-392, Sec. 5(b), 104 Stat. 759.) -REFTEXT- REFERENCES IN TEXT The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (c)(2)(A), is Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended, which is classified generally to chapter 44 (Sec. 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Job Training Partnership Act, referred to in subsecs. (c)(2)(B) and (d), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified principally to chapter 19 (Sec. 1501 et seq.) of this title. Titles II and III of the Act are classified generally to subchapters II (Sec. 1601 et seq.) and III (Sec. 1651 et seq.), respectively, of chapter 19 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 49f, act June 6, 1933, ch. 49, Sec. 7, 48 Stat. 115, which related to ascertainment of amounts due to States, and certification to the Secretary of the Treasury, was repealed by act Sept. 8, 1950, ch. 933, Sec. 3, 64 Stat. 823. AMENDMENTS 1990 - Subsecs. (c), (d). Pub. L. 101-392 added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-392 effective July 1, 1991, see section 702(a) of Pub. L. 101-392, set out as a note under section 2301 of Title 20, Education. EFFECTIVE DATE Section effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. ------DocID 37614 Document 83 of 944------ -CITE- 29 USC Sec. 49g -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49g. State plans -STATUTE- (a) Submission to Secretary of Labor Any State desiring to receive the benefits of this chapter shall, by the agency designated to cooperate with the United States Employment Service, submit to the Secretary of Labor detailed plans for carrying out the provisions of this chapter within such State. (b) Plan preparation at State and national level Prior to submission of such plans to the Secretary - (1) the employment service shall develop jointly with each appropriate private industry council and chief elected official or officials for the service delivery area (designated under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)) those components of such plans applicable to such area; (2) such plans shall be developed taking into consideration proposals developed jointly by the appropriate private industry council and chief elected official or officials in the service delivery area affected; (3) such plans shall be transmitted to the State job training coordinating council (established under such Act) which shall certify such plans if it determines (A) that the components of such plans have been jointly agreed to by the employment service and appropriate private industry council and chief elected official or officials; and (B) that such plans are consistent with the Governor's coordination and special services plan under the Job Training Partnership Act (29 U.S.C. 1501 et seq.); (4) if the State job training coordinating council does not certify that such plans meet the requirements of clauses (A) and (B) of paragraph (3), such plans shall be returned to the employment service for a period of thirty days for it to consider, jointly with the appropriate private industry council and chief elected official or officials, the council's recommendations for modifying such plans; and (5) if the employment service and the appropriate private industry council and chief elected official or officials fail to reach agreement upon such components of such plans to be submitted finally to the Secretary, such plans submitted by the State agency shall be accompanied by such proposed modifications as may be recommended by any appropriate disagreeing private industry council and chief elected official or officials affected, and the State job training coordinating council shall transmit to the Secretary its recommendations for resolution thereof. (c) Review by Governor The Governor of the State shall be afforded the opportunity to review and transmit to the Secretary proposed modifications of such plans submitted. (d) Contents of plans Such plans shall include provision for the promotion and development of employment opportunities for handicapped persons and for job counseling and placement of such persons, and for the designation of at least one person in each State or Federal employment office, whose duties shall include the effectuation of such purposes. In those States where a State board, department, or agency exists which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provision for cooperation between such board, department, or agency and the agency designated to cooperate with the United States Employment Service under this chapter. (e) Approval by Secretary If such plans are in conformity with the provisions of this chapter and reasonably appropriate and adequate to carry out its purposes, they shall be approved by the Secretary and due notice of such approval shall be given to the State agency. -SOURCE- (June 6, 1933, ch. 49, Sec. 8, 48 Stat. 115; Aug. 3, 1954, ch. 655, Sec. 6(b), 68 Stat. 665; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(d), formerly title V, Sec. 501(d), 96 Stat. 1395, renumbered title VI, Sec. 601(d), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -REFTEXT- REFERENCES IN TEXT The Job Training Partnership Act, referred to in subsec. (b)(1), (3), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified principally to chapter 19 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. -MISC2- AMENDMENTS 1982 - Pub. L. 97-300, Sec. 601(d)(1), substituted 'Secretary of Labor' for 'Director' wherever appearing. Subsec. (a). Pub. L. 97-300, Sec. 601(d)(2), designated provisions relating to the submission of a plan to the Secretary by any State desiring to receive benefits under certain sections of this chapter as subsec. (a). Subsecs. (b), (c). Pub. L. 97-300, Sec. 601(d)(5), added subsecs. (b) and (c). Subsec. (d). Pub. L. 97-300, Sec. 601(d)(3), designated provisions relating to the inclusion in State plans of provision for handicapped persons employment opportunities and coordination with State agencies similarly concerned as subsec. (d). Subsec. (e). Pub. L. 97-300, Sec. 601(d)(4), designated provisions relating to approval and notice by the Secretary of the State plans as subsec. (e). 1954 - Act Aug. 3, 1954, inserted provisions relating to promotion and development of employment opportunities and for job counseling and placement of handicapped persons. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of this title. -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service to Secretary of Labor, see note set out under section 49 of this title. -CROSS- CROSS REFERENCES Transfer of Federal property to States, see section 49c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 49c-1, 1531 of this title; title 39 section 3202. ------DocID 37615 Document 84 of 944------ -CITE- 29 USC Sec. 49h -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49h. Fiscal controls and accounting procedures -STATUTE- (a) Audit (1) Each State shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds paid to the recipient under this chapter. The Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, shall establish guidance for the proper performance of audits. Such guidance shall include a review of fiscal controls and fund accounting procedures established by States under this section. (2) At least once every two years, the State shall prepare or have prepared an independent financial and compliance audit of funds received under this chapter. (3) Each audit shall be conducted in accordance with applicable auditing standards set forth in the financial and compliance element of the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions issued by the Comptroller General of the United States. (b) Evaluations by Comptroller General (1) The Comptroller General of the United States shall evaluate the expenditures by States of funds received under this chapter in order to assure that expenditures are consistent with the provisions of this chapter and to determine the effectiveness of the State in accomplishing the purposes of this chapter. The Comptroller General shall conduct evaluations whenever determined necessary and shall periodically report to the Congress on the findings of such evaluations. (2) Nothing in this chapter shall be deemed to relieve the Inspector General of the Department of Labor of his responsibilities under the Inspector General Act. (3) For the purpose of evaluating and reviewing programs established or provided for by this chapter, the Comptroller General shall have access to and the right to copy any books, accounts, records, correspondence, or other documents pertinent to such programs that are in the possession, custody, or control of the State. (c) Repayment of funds by State Each State shall repay to the United States amounts found not to have been expended in accordance with this chapter. No such finding shall be made except after notice and opportunity for a fair hearing. The Secretary may offset such amounts against any other amount to which the recipient is or may be entitled under this chapter. -SOURCE- (June 6, 1933, ch. 49, Sec. 9, 48 Stat. 116; Oct. 18, 1982, Pub. L. 97-300, title VI, Sec. 601(e), formerly title V, Sec. 501(e), 96 Stat. 1396, renumbered title VI, Sec. 601(e), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -REFTEXT- REFERENCES IN TEXT The Inspector General Act, referred to in subsec. (b)(2), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1982 - Pub. L. 97-300 amended section generally, substituting provisions requiring the States to prepare accounting procedures under Federal guidance, to submit to biennial audit with evaluation of expenditures by the Comptroller General and providing for repayment of improperly expended funds, for provisions requiring reports on expenditures to the Secretary under his regulations and giving him authority to revoke State certification. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 37616 Document 85 of 944------ -CITE- 29 USC Sec. 49i -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49i. Recordkeeping and accountability -STATUTE- (a) Records Each State shall keep records that are sufficient to permit the preparation of reports required by this chapter and to permit the tracing of funds to a level of expenditure adequate to insure that the funds have not been spent unlawfully. (b) Investigations (1) The Secretary may investigate such facts, conditions, practices, or other matters which the Secretary finds necessary to determine whether any State receiving funds under this chapter or any official of such State has violated any provision of this chapter. (2)(A) In order to evaluate compliance with the provisions of this chapter, the Secretary shall conduct investigations of the use of funds received by States under this chapter. (B) In order to insure compliance with the provisions of this chapter, the Comptroller General of the United States may conduct investigations of the use of funds received under this chapter by any State. (3) In conducting any investigation under this chapter, the Secretary or the Comptroller General of the United States may not request new compilation of information not readily available to such State. (c) Reports Each State receiving funds under this chapter shall - (1) make such reports concerning its operations and expenditures in such form and containing such information as shall be prescribed by the Secretary, and (2) establish and maintain a management information system in accordance with guidelines established by the Secretary designed to facilitate the compilation and analysis of programmatic and financial data necessary for reporting, monitoring, and evaluating purposes. -SOURCE- (June 6, 1933, ch. 49, Sec. 10, 48 Stat. 116; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(f), formerly title V, Sec. 501(f), 96 Stat. 1396, renumbered title VI, Sec. 601(f), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-300 amended section generally, substituting provisions relating to State maintenance of records and investigations by the Secretary and Comptroller General for provisions which limited expenditures in States prior to adoption of State systems to the current fiscal year and two fiscal years thereafter. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. ------DocID 37617 Document 86 of 944------ -CITE- 29 USC Sec. 49j -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49j. Federal Advisory Council; establishment and composition; State Advisory Councils; notice of strikes and lockouts to applicants -STATUTE- (a) The Secretary of Labor shall establish a Federal Advisory Council composed of men and women representing employers and employees in equal numbers and the public for the purpose of formulating policies and discussing problems relating to employment and insuring impartiality, neutrality, and freedom from political influence in the solution of such problems. Members of such council shall be selected from time to time in such manner as the Secretary shall prescribe and shall serve without compensation, but when attending meetings of the council they shall be allowed necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law for civilian employees in the executive branch of the Government. The council shall have access to all files and records of the United States Employment Service. The Secretary shall also require the organization of similar State advisory councils composed of men and women representing employers and employees in equal numbers and the public. Nothing in this section shall be construed to prohibit the Governor from carrying out functions of such State advisory council through the State job training coordinating council in accordance with section 1532(c) of this title. (b) In carrying out the provisions of this chapter the Secretary is authorized and directed to provide for the giving of notice of strikes or lockouts to applicants before they are referred to employment. -SOURCE- (June 6, 1933, ch. 49, Sec. 11, 48 Stat. 116; 1939 Reorg. Plan No. I, Sec. 201, 203, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929; June 16, 1948, ch. 472, title I, Sec. 101, 62 Stat. 446; 1949 Reorg. Plan No. 2, Sec. 1, 3, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(g), formerly title V, Sec. 501(g), 96 Stat. 1397, renumbered title VI, Sec. 601(g), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-300 inserted provision that nothing in this section should be construed to prohibit the Governor from carrying out functions of the State advisory council through the State job training coordinating council in accordance with section 1532(c) of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service to Secretary of Labor, see note set out under section 49 of this title. Federal Advisory Council established pursuant to this chapter transferred to Department of Labor by section 3 of Reorg. Plan No. 2 of 1949. -MISC5- TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 37618 Document 87 of 944------ -CITE- 29 USC Sec. 49k -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49k. Rules and regulations -STATUTE- The Secretary of Labor is authorized to make such rules and regulations as may be necessary to carry out the provisions of this chapter. -SOURCE- (June 6, 1933, ch. 49, Sec. 12, 48 Stat. 117; 1939 Reorg. Plan No. I, Sec. 201, 203, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929; June 16, 1948, ch. 472, title I, Sec. 101, 62 Stat. 446; 1949 Reorg. Plan No. 2, Sec. 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065.) -TRANS- TRANSFER OF FUNCTIONS For history of transfer of functions of United States Employment Service to Secretary of Labor, see note set out under section 49 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 37619 Document 88 of 944------ -CITE- 29 USC Sec. 49l -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49l. Miscellaneous operating authorities -STATUTE- (a) The Secretary is authorized to establish performance standards for activities under this chapter which shall take into account the differences in priorities reflected in State plans. (b)(1) Nothing in this chapter shall be construed to prohibit the referral of any applicant to private agencies as long as the applicant is not charged a fee. (2) No funds paid under this chapter may be used by any State for advertising in newspapers for high paying jobs unless such State submits an annual report to the Secretary beginning in December 1984 concerning such advertising and the justifications therefor, and the justification may include that such jobs are part of a State industrial development effort. -SOURCE- (June 6, 1933, ch. 49, Sec. 13, as added Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec. 501(h), 96 Stat. 1397, renumbered title VI, Sec. 601(h), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248; amended Dec. 31, 1982, Pub. L. 97-404, Sec. 5, 96 Stat. 2027.) -MISC1- PRIOR PROVISIONS A prior section 49l, act June 6, 1933, ch. 49, Sec. 13, 48 Stat. 117, relating to mail franking privileges to employment systems, was transferred to section 338 of former Title 39, The Postal Service. Section 338 of former Title 39 was repealed and reenacted as section 4152 of former Title 39, The Postal Service by Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 578. Section 4152 of former Title 39 was repealed and reenacted as section 3202 of Title 39, Postal Service, by Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719. AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-404 designated existing provisions as par. (1) and added par. (2). EFFECTIVE DATE Section effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. ------DocID 37620 Document 89 of 944------ -CITE- 29 USC Sec. 49l-1 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49l-1. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to enable the Secretary to provide funds through reimburseable (FOOTNOTE 1) agreements with the States to operate statistical programs which are essential for development of estimates of the gross national product and other national statistical series, including those related to employment and unemployment. (FOOTNOTE 1) So in original. Probably should be 'reimbursable'. -SOURCE- (June 6, 1933, ch. 49, Sec. 14, as added Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec. 501(h), 96 Stat. 1397, renumbered title VI, Sec. 601(h), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. ------DocID 37621 Document 90 of 944------ -CITE- 29 USC Sec. 49m, 49n -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49m, 49n. Omitted -COD- CODIFICATION Section 49m, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 225, relating to payments to States for administrative expenses for their unemployment compensation law and their public employment offices, was from the Department of Labor Appropriation Act, 1964, and was not repeated in the Department of Labor Appropriation Act of 1965. Similar provisions were contained in the following prior appropriation acts: Aug. 14, 1962, Pub. L. 87-582, title I, 76 Stat. 363. Sept. 22, 1961, Pub. L. 87-290, title I, 75 Stat. 591. Sept. 2, 1960, Pub. L. 86-703, title I, 74 Stat. 757. Aug. 14, 1959, Pub. L. 86-158, title I, 73 Stat. 341. Aug. 1, 1958, Pub. L. 85-580, title I, 72 Stat. 458. June 29, 1957, Pub. L. 85-67, title I, 71 Stat. 212. June 29, 1956, ch. 477, title I, 70 Stat. 424. June 29, 1956, ch. 437, title I, 69 Stat. 398. July 2, 1954, ch. 457, title I, 68 Stat. 435. July 31, 1953, ch. 296, title I, 67 Stat. 246. July 5, 1952, ch. 575, title I, 66 Stat. 369. Aug. 31, 1951, ch. 373, title I, 65 Stat. 210. Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 643. June 29, 1949, ch. 275, title II, 63 Stat. 284. June 16, 1948, ch. 472, title I, 62 Stat. 445. Section 49n, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 226, relating to personnel standards, was from the Department of Labor Appropriation Act, 1964, and was not repeated in the Department of Labor Appropriation Act of 1965. Similar provisions were contained in the following prior appropriations acts: Aug. 14, 1962, Pub. L. 87-582, title I, 76 Stat. 363. Sept. 22, 1961, Pub. L. 87-290, title I, 75 Stat. 591. Sept. 2, 1960, Pub. L. 86-703, title I, 74 Stat. 757. Aug. 14, 1959, Pub. L. 86-158, title I, 73 Stat. 341. Aug. 1, 1958, Pub. L. 85-580, title I, 72 Stat. 458. June 29, 1957, Pub. L. 85-67, title I, 71 Stat. 212. June 29, 1956, ch. 477, title I, 70 Stat. 425. Aug. 1, 1955, ch. 437, title I, 69 Stat. 398. July 2, 1954, ch. 457, title I, 68 Stat. 435. July 31, 1953, ch. 296, title I, 67 Stat. 246. July 5, 1952, ch. 575, title I, 66 Stat. 359. Aug. 31, 1951, ch. 273, title I, 65 Stat. 210. Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 644. June 29, 1949, ch. 275, title II, 63 Stat. 284. June 16, 1948, ch. 472, title I, 62 Stat. 445. July 8, 1947, ch. 210, title I, 61 Stat. 263. July 26, 1946, ch. 672, title I, 60 Stat. 685. ------DocID 37622 Document 91 of 944------ -CITE- 29 USC CHAPTER 4C -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- CHAPTER 4C - APPRENTICE LABOR -MISC1- Sec. 50. Promotion of labor standards of apprenticeship. 50a. Publication of information; national advisory committees. 50b. Appointment of employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 sections 1013, 2382, 2403, 2471; title 38 sections 1652, 1701. ------DocID 37623 Document 92 of 944------ -CITE- 29 USC Sec. 50 -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- Sec. 50. Promotion of labor standards of apprenticeship -STATUTE- The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Secretary of Education in accordance with section 17 of title 20. For the purposes of this chapter the term 'State' shall include the District of Columbia. -SOURCE- (Aug. 16, 1937, ch. 663, Sec. 1, 50 Stat. 664; 1939 Reorg. Plan No. I, Sec. 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; July 12, 1943, ch. 221, title VII, 57 Stat. 518; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 204(h), 87 Stat. 784; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), 93 Stat. 677.) -REFTEXT- REFERENCES IN TEXT Section 17 of title 20, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. -COD- CODIFICATION Words 'with the National Youth Administration' were omitted from text in view of abolition of National Youth Administration by act July 12, 1943. -MISC3- AMENDMENTS 1973 - Pub. L. 93-198 inserted provision that 'State' includes the District of Columbia. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-198 effective July 1, 1974, see section 771(b) of Pub. L. 93-198, set out in part as a note under section 49b of this title. SHORT TITLE The act of Aug. 16, 1937, ch. 663, 50 Stat. 664, which enacted this chapter, is popularly known as the 'National Apprenticeship Act'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted in text for 'Office of Education under the Department of Health, Education, and Welfare', pursuant to section 301(a)(1) of Pub. L. 96-88, which is classified to section 3441(a)(1) of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Reorg. Plan No. I of 1939, consolidated National Youth Administration and Office of Education, with other agencies, into Federal Security Agency under supervision and direction of Federal Security Administrator. ------DocID 37624 Document 93 of 944------ -CITE- 29 USC Sec. 50a -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- Sec. 50a. Publication of information; national advisory committees -STATUTE- The Secretary of Labor may publish information relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department. -SOURCE- (Aug. 16, 1937, ch. 663, Sec. 2, 50 Stat. 665.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 sections 1772, 1787. ------DocID 37625 Document 94 of 944------ -CITE- 29 USC Sec. 50b -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- Sec. 50b. Appointment of employees -STATUTE- The Secretary of Labor is authorized to appoint such employees as he may from time to time find necessary for the administration of this chapter, with regard to existing laws applicable to the appointment and compensation of employees of the United States. -SOURCE- (Aug. 16, 1937, ch. 663, Sec. 3, 50 Stat. 665; July 12, 1943, ch. 221, title VII, 57 Stat. 518.) -COD- CODIFICATION Proviso authorizing employment of certain persons in the division of apprentice training of National Youth Administration, was omitted in view of abolition of that agency by act July 12, 1943. Provision formerly in this section relieved National Youth Administration, after August 16, 1937, of responsibility for promotion of labor standards of apprenticeship, and directed transfer of records and papers to Department of Labor. ------DocID 37626 Document 95 of 944------ -CITE- 29 USC CHAPTER 5 -EXPCITE- TITLE 29 CHAPTER 5 -HEAD- CHAPTER 5 - LABOR DISPUTES; MEDIATION AND INJUNCTIVE RELIEF -MISC1- Sec. 51. Repealed. 52. Statutory restriction of injunctive relief. 53. 'Person' or 'persons' defined. ------DocID 37627 Document 96 of 944------ -CITE- 29 USC Sec. 51 -EXPCITE- TITLE 29 CHAPTER 5 -HEAD- Sec. 51. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642 -MISC1- Section, act Mar. 4, 1913, ch. 141, Sec. 8, 37 Stat. 738, related to mediation in labor disputes and the appointment of commissioners of conciliation. See section 172 of this title. ------DocID 37628 Document 97 of 944------ -CITE- 29 USC Sec. 52 -EXPCITE- TITLE 29 CHAPTER 5 -HEAD- Sec. 52. Statutory restriction of injunctive relief -STATUTE- No restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney. And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 20, 38 Stat. 738.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Applicability of this section and section 53 of this title to the insurance business, see sections 1011 to 1015 of Title 15, Commerce and Trade. District courts to have jurisdiction to issue writs of injunction to compel compliance or restrain violation of an order of Interstate Commerce Commission, see sections 1336, 2321 et seq. of Title 28, Judiciary and Judicial Procedure. Jurisdiction of courts in matters affecting employer and employee, see section 101 et seq. of this title. Transporting strikebreakers, penalty, see section 1231 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 53, 186 of this title; title 18 section 1951; title 42 section 2135; title 47 section 606. ------DocID 37629 Document 98 of 944------ -CITE- 29 USC Sec. 53 -EXPCITE- TITLE 29 CHAPTER 5 -HEAD- Sec. 53. 'Person' or 'persons' defined -STATUTE- The word 'person' or 'persons' wherever used in section 52 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 1, 38 Stat. 730.) -COD- CODIFICATION Section is based on the 3d par. of section 1(a) of the Clayton Act (Oct. 15, 1914, ch. 323, as amended by section 305(b) of Pub. L. 94-435, Sept. 30, 1976). Section 1 of the Clayton Act is classified in its entirety to section 12 of Title 15, Commerce and Trade. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 2135. ------DocID 37630 Document 99 of 944------ -CITE- 29 USC CHAPTER 6 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND EMPLOYEE -MISC1- Sec. 101. Issuance of restraining orders and injunctions; limitation; public policy. 102. Public policy in labor matters declared. 103. Nonenforceability of undertakings in conflict with public policy; 'yellow dog' contracts. 104. Enumeration of specific acts not subject to restraining orders or injunctions. 105. Doing in concert of certain acts as constituting unlawful combination or conspiracy subjecting person to injunctive remedies. 106. Responsibility of officers and members of associations or their organizations for unlawful acts of individual officers, members, and agents. 107. Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings. 108. Noncompliance with obligations involved in labor disputes or failure to settle by negotiation or arbitration as preventing injunctive relief. 109. Granting of restraining order or injunction as dependent on previous findings of fact; limitation on prohibitions included in restraining orders and injunctions. 110. Review by court of appeals of issuance or denial of temporary injunctions; record. 111, 112. Repealed. 113. Definitions of terms and words used in chapter. 114. Separability. 115. Repeal of conflicting acts. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 160, 178, 186 of this title; title 18 section 1951; title 42 section 2000e-5; title 49 section 11109. ------DocID 37631 Document 100 of 944------ -CITE- 29 USC Sec. 101 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 101. Issuance of restraining orders and injunctions; limitation; public policy -STATUTE- No court of the United States, as defined in this chapter, shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared in this chapter. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 1, 47 Stat. 70.) -MISC1- SHORT TITLE Act Mar. 23, 1932, ch. 90, 47 Stat. 70, which enacted this chapter, is popularly known as the 'Norris-LaGuardia Act'. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Civil actions for prevention of unlawful employment practices, provisions of this chapter not applicable to, see section 2000e-5 of Title 42, The Public Health and Welfare. Labor-Management Relations, see section 141 et seq. of this title. Orders of National Labor Relations Board, see section 160 of this title. Public policy, see section 102 of this title. Strikes subject to injunction, inapplicability of this chapter, see section 178 of this title. ------DocID 37632 Document 101 of 944------ -CITE- 29 USC Sec. 102 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 102. Public policy in labor matters declared -STATUTE- In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the United States is declared as follows: Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with his fellows, it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of and limitations upon the jurisdiction and authority of the courts of the United States are enacted. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 2, 47 Stat. 70.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 103 of this title. ------DocID 37633 Document 102 of 944------ -CITE- 29 USC Sec. 103 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 103. Nonenforceability of undertakings in conflict with public policy; 'yellow dog' contracts -STATUTE- Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 102 of this title, is declared to be contrary to the public policy of the United States, shall not be enforceable in any court of the United States and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following: Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation, and any employee or prospective employee of the same, whereby (a) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or (b) Either party to such contract or agreement undertakes or promises that he will withdraw from an employment relation in the event that he joins, becomes, or remains a member of any labor organization or of any employer organization. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 3, 47 Stat. 70.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this title. ------DocID 37634 Document 103 of 944------ -CITE- 29 USC Sec. 104 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 104. Enumeration of specific acts not subject to restraining orders or injunctions -STATUTE- No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts: (a) Ceasing or refusing to perform any work or to remain in any relation of employment; (b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in section 103 of this title; (c) Paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value; (d) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any State; (e) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence; (f) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute; (g) Advising or notifying any person of an intention to do any of the acts heretofore specified; (h) Agreeing with other persons to do or not to do any of the acts heretofore specified; and (i) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in section 103 of this title. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 4, 47 Stat. 70.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 105 of this title. ------DocID 37635 Document 104 of 944------ -CITE- 29 USC Sec. 105 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 105. Doing in concert of certain acts as constituting unlawful combination or conspiracy subjecting person to injunctive remedies -STATUTE- No court of the United States shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 104 of this title. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 5, 47 Stat. 71.) ------DocID 37636 Document 105 of 944------ -CITE- 29 USC Sec. 106 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 106. Responsibility of officers and members of associations or their organizations for unlawful acts of individual officers, members, and agents -STATUTE- No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 6, 47 Stat. 71.) ------DocID 37637 Document 106 of 944------ -CITE- 29 USC Sec. 107 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 107. Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings -STATUTE- No court of the United States shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in this chapter, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect - (a) That unlawful acts have been threatened and will be committed unless restrained or have been committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat or unlawful act excepting against the person or persons, association, or organization making the threat or committing the unlawful act or actually authorizing or ratifying the same after actual knowledge thereof; (b) That substantial and irreparable injury to complainant's property will follow; (c) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial of relief then will be inflicted upon defendants by the granting of relief; (d) That complainant has no adequate remedy at law; and (e) That the public officers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection. Such hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant's property: Provided, however, That if a complainant shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and irreparable injury to complainant's property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of said five days. No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney's fee) and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. The undertaking mentioned in this section shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against said complainant and surety, upon a hearing to assess damages of which hearing complainant and surety shall have reasonable notice, the said complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But nothing in this section contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 7, 47 Stat. 71.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Appeal to court of appeals, see rule 73, Title 28, Appendix, Judiciary and Judicial Procedure. Continuation of section under Rule 73, see note by Advisory Committee under rule 73. ------DocID 37638 Document 107 of 944------ -CITE- 29 USC Sec. 108 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 108. Noncompliance with obligations involved in labor disputes or failure to settle by negotiation or arbitration as preventing injunctive relief -STATUTE- No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 8, 47 Stat. 72.) ------DocID 37639 Document 108 of 944------ -CITE- 29 USC Sec. 109 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 109. Granting of restraining order or injunction as dependent on previous findings of fact; limitation on prohibitions included in restraining orders and injunctions -STATUTE- No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in such case and as shall be expressly included in said findings of fact made and filed by the court as provided in this chapter. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 9, 47 Stat. 72.) ------DocID 37640 Document 109 of 944------ -CITE- 29 USC Sec. 110 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 110. Review by court of appeals of issuance or denial of temporary injunctions; record -STATUTE- Whenever any court of the United States shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary cases the record of the case to the court of appeals for its review. Upon the filing of such record in the court of appeals, the appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside expeditiously. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 10, 47 Stat. 72; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 402(30), 98 Stat. 3359.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-620 substituted 'expeditiously' for 'with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character'. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals'. -MISC4- EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure. ------DocID 37641 Document 110 of 944------ -CITE- 29 USC Sec. 111, 112 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 111, 112. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section 111, act Mar. 23, 1932, ch. 90, Sec. 11, 47 Stat. 72, related to contempts, speedy and public trial, and jury. See section 3692 of Title 18, Crimes and Criminal Procedure. Section 112, act Mar. 23, 1932, ch. 90, Sec. 12, 47 Stat. 73, related to contempts and demand for retirement of sitting judge. See rule 42 of the Federal Rules of Criminal Procedure, set out in the Appendix to Title 18. ------DocID 37642 Document 111 of 944------ -CITE- 29 USC Sec. 113 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 113. Definitions of terms and words used in chapter -STATUTE- When used in this chapter, and for the purposes of this chapter - (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (1) between one or more employers or associations of employers and one or more employees or associations of employees; (2) between one or more employers or associations of employers and one or more employers or associations of employers; or (3) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a 'labor dispute' (as defined in this section) of 'persons participating or interested' therein (as defined in this section). (b) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation. (c) The term 'labor dispute' includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. (d) The term 'court of the United States' means any court of the United States whose jurisdiction has been or may be conferred or defined or limited by Act of Congress, including the courts of the District of Columbia. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 13, 47 Stat. 73.) ------DocID 37643 Document 112 of 944------ -CITE- 29 USC Sec. 114 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 114. Separability -STATUTE- If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 14, 47 Stat. 73.) ------DocID 37644 Document 113 of 944------ -CITE- 29 USC Sec. 115 -EXPCITE- TITLE 29 CHAPTER 6 -HEAD- Sec. 115. Repeal of conflicting acts -STATUTE- All acts and parts of acts in conflict with the provisions of this chapter are repealed. -SOURCE- (Mar. 23, 1932, ch. 90, Sec. 15, 47 Stat. 73.) ------DocID 37645 Document 114 of 944------ -CITE- 29 USC CHAPTER 7 -EXPCITE- TITLE 29 CHAPTER 7 -HEAD- CHAPTER 7 - LABOR-MANAGEMENT RELATIONS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 141. Short title; Congressional declaration of purpose and policy. 142. Definitions. 143. Saving provisions. 144. Separability. SUBCHAPTER II - NATIONAL LABOR RELATIONS 151. Findings and declaration of policy. 152. Definitions. 153. National Labor Relations Board. (a) Creation, composition, appointment, and tenure; Chairman; removal of members. (b) Delegation of powers to members and regional directors; review and stay of actions of regional directors; quorum; seal. (c) Annual reports to Congress and the President. (d) General Counsel; appointment and tenure; powers and duties; vacancy. 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses. 155. National Labor Relations Board; principal office, conducting inquiries throughout country; participation in decisions or inquiries conducted by member. 156. Rules and regulations. 157. Right of employees as to organization, collective bargaining, etc. 158. Unfair labor practices. (a) Unfair labor practices by employer. (b) Unfair labor practices by labor organization. (c) Expression of views without threat of reprisal or force or promise of benefit. (d) Obligation to bargain collectively. (e) Enforceability of contract or agreement to boycott any other employer; exception. (f) Agreement covering employees in the building and construction industry. (g) Notification of intention to strike or picket at any health care institution. 158a. Providing facilities for operations of Federal Credit Unions. 159. Representatives and elections. (a) Exclusive representatives; employees' adjustment of grievances directly with employer. (b) Determination of bargaining unit by Board. (c) Hearings on questions affecting commerce; rules and regulations. (d) Petition for enforcement or review; transcript. (e) Secret ballot; limitation of elections. 160. Prevention of unfair labor practices. (a) Powers of Board generally. (b) Complaint and notice of hearing; answer; court rules of evidence inapplicable. (c) Reduction of testimony to writing; findings and orders of Board. (d) Modification of findings or orders prior to filing record in court. (e) Petition to court for enforcement of order; proceedings; review of judgment. (f) Review of final order of Board on petition to court. (g) Institution of court proceedings as stay of Board's order. (h) Jurisdiction of courts unaffected by limitations prescribed in chapter 6 of this title. (i) Repealed. (j) Injunctions. (k) Hearings on jurisdictional strikes. (l) Boycotts and strikes to force recognition of uncertified labor organizations; injunctions; notice; service of process. (m) Priority of cases. 161. Investigatory powers of Board. (1) Documentary evidence; summoning witnesses and taking testimony. (2) Court aid in compelling production of evidence and attendance of witnesses. (3) Repealed. (4) Process, service and return; fees of witnesses. (5) Process, where served. (6) Information and assistance from departments. 162. Offenses and penalties. 163. Right to strike preserved. 164. Construction of provisions. (a) Supervisors as union members. (b) Agreements requiring union membership in violation of State law. (c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts. 165. Conflict of laws. 166. Separability of provisions. 167. Short title of subchapter. 168. Validation of certificates and other Board actions. 169. Employees with religious convictions; payment of dues and fees. SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES 171. Declaration of purpose and policy. 172. Federal Mediation and Conciliation Service. (a) Creation; appointment of Director. (b) Appointment of officers and employees; expenditures for supplies, facilities, and services. (c) Principal and regional offices; delegation of authority by Director; annual report to Congress. (d) Transfer of all mediation and conciliation services to Service; effective date; pending proceedings unaffected. 173. Functions of Service. (a) Settlement of disputes through conciliation and mediation. (b) Intervention on motion of Service or request of parties; avoidance of mediation of minor disputes. (c) Settlement of disputes by other means upon failure of conciliation. (d) Use of conciliation and mediation services as last resort. (e) Encouragement and support of establishment and operation of joint labor management activities conducted by committees. (f) Use of alternative means of dispute resolution procedures; assignment of neutrals and arbitrators. 174. Co-equal obligations of employees, their representatives, and management to minimize labor disputes. 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties. 175a. Assistance to plant, area, and industrywide labor management committees. (a) Establishment and operation of plant, area, and industrywide committees. (b) Restrictions on grants, contracts, or other assistance. (c) Establishment of office. (d) Authorization of appropriations. 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service. 177. Board of inquiry. (a) Composition. (b) Compensation. (c) Powers of discovery. 178. Injunctions during national emergency. (a) Petition to district court by Attorney General on direction of President. (b) Inapplicability of chapter 6. (c) Review of orders. 179. Injunctions during national emergency; adjustment efforts by parties during injunction period. (a) Assistance of Service; acceptance of Service's proposed settlement. (b) Reconvening of board of inquiry; report by board; contents; secret ballot of employees by National Labor Relations Board; certification of results to Attorney General. 180. Discharge of injunction upon certification of results of election or settlement; report to Congress. 181. Compilation of collective bargaining agreements, etc.; use of data. 182. Exemption of Railway Labor Act from subchapter. 183. Conciliation of labor disputes in the health care industry. (a) Establishment of Boards of Inquiry; membership. (b) Compensation of members of Boards of Inquiry. (c) Maintenance of status quo. (d) Authorization of appropriations. SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT 185. Suits by and against labor organizations. (a) Venue, amount, and citizenship. (b) Responsibility for acts of agent; entity for purposes of suit; enforcement of money judgments. (c) Jurisdiction. (d) Service of process. (e) Determination of question of agency. 186. Restrictions on financial transactions. (a) Payment or lending, etc., of money by employer or agent to employees, representatives, or labor organizations. (b) Request, demand, etc., for money or other thing of value. (c) Exceptions. (d) Penalties for violations. (e) Jurisdiction of courts. (f) Effective date of provisions. (g) Contributions to trust funds. 187. Unlawful activities or conduct; right to sue; jurisdiction; limitations; damages. 188. Repealed. SUBCHAPTER V - CONGRESSIONAL JOINT COMMITTEE ON LABOR-MANAGEMENT RELATIONS 191 to 197. Omitted. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 401, 402, 1002, 1415, 1803 of this title. ------DocID 37646 Document 115 of 944------ -CITE- 29 USC SUBCHAPTER I -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 37647 Document 116 of 944------ -CITE- 29 USC Sec. 141 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 141. Short title; Congressional declaration of purpose and policy -STATUTE- (a) This chapter may be cited as the 'Labor Management Relations Act, 1947'. (b) Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest. It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce. -SOURCE- (June 23, 1947, ch. 120, Sec. 1, 61 Stat. 136.) -MISC1- SHORT TITLE Pub. L. 95-524, Sec. 6(a), Oct. 27, 1978, 92 Stat. 2020, provided that: 'This section (enacting section 175a of this title, amending sections 173 and 186 of this title, and enacting provisions set out as notes under section 175a of this title) may be cited as the 'Labor Management Cooperation Act of 1978'.' NATIONAL COMMISSION ON TECHNOLOGY, AUTOMATION, AND ECONOMIC PROGRESS Pub. L. 88-444, Aug. 19, 1964, 78 Stat. 462, established the National Commission on Technology, Automation, and Economic Progress, to make a comprehensive and impartial study and make recommendations from time to time as needed for constructive action. The Commission was directed to submit a final report of its findings and recommendations to the President and the Congress by January 1, 1966, and ceased 30 days after submitting its final report. -EXEC- EXECUTIVE ORDER NO. 10918 Ex. Ord. No. 10918, Feb. 16, 1961, 26 F.R. 1427, which established the President's Advisory Committee on Labor-Management Policy, was revoked by Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, formerly set out as a note under this section. EXECUTIVE ORDER NO. 11710 Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, as amended by Ex. Ord. No. 11729, July 12, 1973, 38 F.R. 18863, which established the National Commission for Industrial Peace, was revoked by Ex. Ord. No. 11823, Dec. 12, 1974, 39 F.R. 43529. EXECUTIVE ORDER NO. 11809 Ex. Ord. No. 11809, Sept. 30, 1974, 39 F.R. 35565, which established the President's Labor-Management Committee, was revoked by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. ------DocID 37648 Document 117 of 944------ -CITE- 29 USC Sec. 142 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 142. Definitions -STATUTE- When used in this chapter - (1) The term 'industry affecting commerce' means any industry or activity in commerce or in which a labor dispute would burden or obstruct commerce or tend to burden or obstruct commerce or the free flow of commerce. (2) The term 'strike' includes any strike or other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. (3) The terms 'commerce', 'labor disputes', 'employer', 'employee', 'labor organization', 'representative', 'person', and 'supervisor' shall have the same meaning as when used in subchapter II of this chapter. -SOURCE- (June 23, 1947, ch. 120, title V, Sec. 501, 61 Stat. 161.) -REFTEXT- REFERENCES IN TEXT Subchapter II of this chapter, referred to in par. (3), was in the original 'the National Labor Relations Act as amended by this Act (29 U.S.C. Sec. 141 et seq.)'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2015. ------DocID 37649 Document 118 of 944------ -CITE- 29 USC Sec. 143 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 143. Saving provisions -STATUTE- Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent; nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this chapter. -SOURCE- (June 23, 1947, ch. 120, title V, Sec. 502, 61 Stat. 162.) ------DocID 37650 Document 119 of 944------ -CITE- 29 USC Sec. 144 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 144. Separability -STATUTE- If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. -SOURCE- (June 23, 1947, ch. 120, title V, Sec. 503, 61 Stat. 162.) ------DocID 37651 Document 120 of 944------ -CITE- 29 USC SUBCHAPTER II -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- SUBCHAPTER II - NATIONAL LABOR RELATIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 142, 186, 402, 524a, 2103, 2108 of this title; title 15 section 1014; title 18 section 1951; title 39 section 1209; title 42 sections 300t-12, 2000e; title 43 section 1333; title 49 section 11109; title 50 sections 784, 792a. ------DocID 37652 Document 121 of 944------ -CITE- 29 USC Sec. 151 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 151. Findings and declaration of policy -STATUTE- The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce. The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees. Experience has further demonstrated that certain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the public in the free flow of such commerce. The elimination of such practices is a necessary condition to the assurance of the rights herein guaranteed. It is declared hereby to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. -SOURCE- (July 5, 1935, ch. 372, Sec. 1, 49 Stat. 449; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 136.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, amended section generally to restate the declaration of policy and to make the finding and policy of this subchapter 'two-sided'. EFFECTIVE DATE OF 1947 AMENDMENT Section 104 of title I of act June 23, 1947, provided: 'The amendments made by this title (amending this subchapter) shall take effect sixty days after the date of the enactment of this Act (June 23, 1947), except that the authority of the President to appoint certain officers conferred upon him by section 3 of the National Labor Relations Act as amended by this title (section 153 of this title) may be exercised forthwith.' ------DocID 37653 Document 122 of 944------ -CITE- 29 USC Sec. 152 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 152. Definitions -STATUTE- When used in this subchapter - (1) The term 'person' includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (2) The term 'employer' includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act (45 U.S.C. 151 et seq.), as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term 'employee' shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act (45 U.S.C. 151 et seq.), as amended from time to time, or by any other person who is not an employer as herein defined. (4) The term 'representatives' includes any individual or labor organization. (5) The term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (6) The term 'commerce' means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country. (7) The term 'affecting commerce' means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce. (8) The term 'unfair labor practice' means any unfair labor practice listed in section 158 of this title. (9) The term 'labor dispute' includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (10) The term 'National Labor Relations Board' means the National Labor Relations Board provided for in section 153 of this title. (11) The term 'supervisor' means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (12) The term 'professional employee' means - (a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or (b) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a). (13) In determining whether any person is acting as an 'agent' of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. (14) The term 'health care institution' shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person. -SOURCE- (July 5, 1935, ch. 372, Sec. 2, 49 Stat. 450; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 137; July 26, 1974, Pub. L. 93-360, Sec. 1(a), (b), 88 Stat. 395; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 319, 92 Stat. 2678.) -REFTEXT- REFERENCES IN TEXT The Railway Labor Act, referred to in pars. (2) and (3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. -MISC2- AMENDMENTS 1978 - Par. (1). Pub. L. 95-598 substituted 'cases under title 11' for 'bankruptcy'. 1974 - Par. (2). Pub. L. 93-360, Sec. 1(a), struck out provisions which had excepted from definition of 'employer' corporations and associations operating hospitals if no part of the net earnings inured to the benefit of any private shareholder or individual. Par. (14). Pub. L. 93-360, Sec. 1(b), added par. (14). 1947 - Act June 23, 1947, amended section generally to redefine terms used in this subchapter and to define several new terms. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-360 effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93-360, set out as an Effective Date note under section 169 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. COMMUNIST ORGANIZATIONS AND MEMBERS Prohibitions placed on Communist organizations, and members thereof, with respect to labor, see section 781 et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1803 of this title; title 7 section 2015; title 50 section 784. ------DocID 37654 Document 123 of 944------ -CITE- 29 USC Sec. 153 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 153. National Labor Relations Board -STATUTE- (a) Creation, composition, appointment, and tenure; Chairman; removal of members The National Labor Relations Board (hereinafter called the 'Board') created by this subchapter prior to its amendment by the Labor Management Relations Act, 1947 (29 U.S.C. 141 et seq.), is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. (b) Delegation of powers to members and regional directors; review and stay of actions of regional directors; quorum; seal The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. The Board is also authorized to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of section 159 of this title and certify the results thereof, except that upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director delegated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed. (c) Annual reports to Congress and the President The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activities and operations for that fiscal year. (d) General Counsel; appointment and tenure; powers and duties; vacancy There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and employees in the regional offices. He shall have final authority, on behalf of the Board, in respect of the investigation of charges and issuance of complaints under section 160 of this title, and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of a vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. -SOURCE- (July 5, 1935, ch. 372, Sec. 3, 49 Stat. 451; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 139; Sept. 14, 1959, Pub. L. 86-257, title VII, Sec. 701(b), 703, 73 Stat. 542; Jan. 2, 1975, Pub. L. 93-608, Sec. 3(3), 88 Stat. 1972; Mar. 27, 1978, Pub. L. 95-251, Sec. 3, 92 Stat. 184; Dec. 21, 1982, Pub. L. 97-375, title II, Sec. 213, 96 Stat. 1826.) -REFTEXT- REFERENCES IN TEXT The Labor Management Relations Act, 1947, referred to in subsec. (a), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to this chapter. For complete classification of this act to the Code, see section 141 of this title and Tables. -COD- CODIFICATION In subsec. (d), 'administrative law judges' substituted for 'trial examiners' pursuant to section 3105 of Title 5, Government Organization and Employees, and section 3 of Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a note under section 3105 of Title 5. -MISC3- AMENDMENTS 1982 - Subsec. (c). Pub. L. 97-375 substituted 'summarizing significant case activities and operations for that fiscal year' for 'stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed'. 1975 - Subsec. (c). Pub. L. 93-608 struck out requirement that report contain the names, salaries, and duties of all employees and officers employed or supervised by the Board. 1959 - Subsec. (b). Pub. L. 86-257, Sec. 701(b), authorized the Board to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results thereof. Subsec. (d). Pub. L. 86-257, Sec. 703, authorized the President to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the office of the General Counsel. 1947 - Act June 23, 1947, amended section generally by increasing membership from three to five, delegating its powers and duties to a quorum of any three members, and by appointing a General Counsel and outlining his powers and duties. EFFECTIVE DATE OF 1959 AMENDMENT Section 707 of title VII of Pub. L. 86-257 provided that: 'The amendments made by this title (amending this section and sections 158, 159, and 160 of this title) shall take effect sixty days after the date of the enactment of this Act (Sept. 14, 1959) and no provision of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 152 of this title. ------DocID 37655 Document 124 of 944------ -CITE- 29 USC Sec. 154 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses -STATUTE- (a) Each member of the Board and the General Counsel of the Board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper performance of its duties. The Board may not employ any attorneys for the purpose of reviewing transcripts of hearings or preparing drafts of opinions except that any attorney employed for assignment as a legal assistant to any Board member may for such Board member review such transcripts and prepare such drafts. No administrative law judge's report shall be reviewed, either before or after its publication, by any person other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with respect to exceptions taken to his findings, rulings, or recommendations. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this subchapter shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis. (b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose. -SOURCE- (July 5, 1935, ch. 372, Sec. 4, 49 Stat. 451; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 139; Mar. 27, 1978, Pub. L. 95-251, Sec. 3, 92 Stat. 184.) -COD- CODIFICATION Provisions of subsec. (a) which prescribed the basic compensation of members of the Board and the General Counsel were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Organization and Employees. In subsec. (a), 'administrative law judge's' and 'administrative law judge' substituted for 'trial examiner's' and 'trial examiner', respectively, pursuant to section 3105 of Title 5, and section 3 of Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a note under section 3105 of Title 5. -MISC3- AMENDMENTS 1947 - Act June 23, 1947, amended section generally by increasing Board members' salaries from $10,000 to $12,000 per annum, by providing a salary of $12,000 per annum for the General Counsel, striking out former subsec. (b) relating to termination of 'Old Board', and redesignating subsec. (c) relating to payment of expenses of Board as subsec. (b). EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. ------DocID 37656 Document 125 of 944------ -CITE- 29 USC Sec. 155 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 155. National Labor Relations Board; principal office, conducting inquiries throughout country; participation in decisions or inquiries conducted by member -STATUTE- The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Board in the same case. -SOURCE- (July 5, 1935, ch. 372, Sec. 5, 49 Stat. 452; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 140.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, reenacted section without change. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. ------DocID 37657 Document 126 of 944------ -CITE- 29 USC Sec. 156 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 156. Rules and regulations -STATUTE- The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by subchapter II of chapter 5 of title 5, such rules and regulations as may be necessary to carry out the provisions of this subchapter. -SOURCE- (July 5, 1935, ch. 372, Sec. 6, 49 Stat. 452; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 140.) -COD- CODIFICATION 'Subchapter II of chapter 5 of title 5' substituted in text for 'the Administrative Procedure Act' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1947 - Act June 23, 1947, amended section generally to provide that the rules and regulations issued by the Board should be in the manner prescribed by the Administrative Procedure Act. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 158 of this title. ------DocID 37658 Document 127 of 944------ -CITE- 29 USC Sec. 157 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 157. Right of employees as to organization, collective bargaining, etc. -STATUTE- Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 158(a)(3) of this title. -SOURCE- (July 5, 1935, ch. 372, Sec. 7, 49 Stat. 452; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 140.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, restated rights of employees to bargain collectively and inserted provision that they have right to refrain from joining in concerted activities with their fellow employees. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. COMMUNIST ORGANIZATIONS AND MEMBERS Prohibitions placed on Communist organizations, and members thereof, with respect to labor, see section 781 et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158, 158a, 175a, 433 of this title; title 18 section 1951; title 50 section 792a. ------DocID 37659 Document 128 of 944------ -CITE- 29 USC Sec. 158 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 158. Unfair labor practices -STATUTE- (a) Unfair labor practices by employer It shall be an unfair labor practice for an employer - (1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title; (2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 156 of this title, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay; (3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this subchapter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 159(a) of this title, in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; (4) to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this subchapter; (5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 159(a) of this title. (b) Unfair labor practices by labor organization It shall be an unfair labor practice for a labor organization or its agents - (1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 157 of this title: Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances; (2) to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3) of this section or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; (3) to refuse to bargain collectively with an employer, provided it is the representative of his employees subject to the provisions of section 159(a) of this title; (4)(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is - (A) forcing or requiring any employer or selfemployed person to join any labor or employer organization or to enter into any agreement which is prohibited by subsection (e) of this section; (B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 159 of this title: Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing; (C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 159 of this title; (D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work: Provided, That nothing contained in this subsection shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this subchapter: Provided further, That for the purposes of this paragraph (4) only, nothing contained in such paragraph shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution; (5) to require of employees covered by an agreement authorized under subsection (a)(3) of this section the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the Board finds excessive or discriminatory under all the circumstances. In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected; (6) to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; and (7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees: (A) where the employer has lawfully recognized in accordance with this subchapter any other labor organization and a question concerning representation may not appropriately be raised under section 159(c) of this title, (B) where within the preceding twelve months a valid election under section 159(c) of this title has been conducted, or (C) where such picketing has been conducted without a petition under section 159(c) of this title being filed within a reasonable period of time not to exceed thirty days from the commencement of such picketing: Provided, That when such a petition has been filed the Board shall forthwith, without regard to the provisions of section 159(c)(1) of this title or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof: Provided further, That nothing in this subparagraph (C) shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver or transport any goods or not to perform any services. Nothing in this paragraph (7) shall be construed to permit any act which would otherwise be an unfair labor practice under this subsection. (c) Expression of views without threat of reprisal or force or promise of benefit The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this subchapter, if such expression contains no threat of reprisal or force or promise of benefit. (d) Obligation to bargain collectively For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession: Provided, That where there is in effect a collective-bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification - (1) serves a written notice upon the other party to the contract of the proposed termination or modification sixty days prior to the expiration date thereof, or in the event such contract contains no expiration date, sixty days prior to the time it is proposed to make such termination or modification; (2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications; (3) notifies the Federal Mediation and Conciliation Service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and (4) continues in full force and effect, without resorting to strike or lock-out, all the terms and conditions of the existing contract for a period of sixty days after such notice is given or until the expiration date of such contract, whichever occurs later: The duties imposed upon employers, employees, and labor organizations by paragraphs (2) to (4) of this subsection shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 159(a) of this title, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g) of this section, shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 158, 159, and 160 of this title, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. Whenever the collective bargaining involves employees of a health care institution, the provisions of this subsection shall be modified as follows: (A) The notice of paragraph (1) of this subsection shall be ninety days; the notice of paragraph (3) of this subsection shall be sixty days; and the contract period of paragraph (4) of this subsection shall be ninety days. (B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days' notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in paragraph (3) of this subsection. (C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute. (e) Enforceability of contract or agreement to boycott any other employer; exception It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be to such extent unenforcible and void: Provided, That nothing in this subsection shall apply to an agreement between a labor organization and an employer in the construction industry relating to the contracting or subcontracting of work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work: Provided further, That for the purposes of this subsection and subsection (b)(4)(B) of this section the terms 'any employer', 'any person engaged in commerce or an industry affecting commerce', and 'any person' when used in relation to the terms 'any other producer, processor, or manufacturer', 'any other employer', or 'any other person' shall not include persons in the relation of a jobber, manufacturer, contractor, or subcontractor working on the goods or premises of the jobber or manufacturer or performing parts of an integrated process of production in the apparel and clothing industry: Provided further, That nothing in this subchapter shall prohibit the enforcement of any agreement which is within the foregoing exception. (f) Agreement covering employees in the building and construction industry It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in subsection (a) of this section as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section 159 of this title prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later, or (3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or (4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area: Provided, That nothing in this subsection shall set aside the final proviso to subsection (a)(3) of this section: Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 159(c) or 159(e) of this title. (g) Notification of intention to strike or picket at any health care institution A labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of subsection (d) of this section. The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties. -SOURCE- (July 5, 1935, ch. 372, Sec. 8, 49 Stat. 452; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 140; Oct. 22, 1951, ch. 534, Sec. 1(b), 65 Stat. 601; Sept. 14, 1959, Pub. L. 86-257, title II, Sec. 201(e), title VII, Sec. 704(a)-(c), 705(a), 73 Stat. 525, 542-545; July 26, 1974, Pub. L. 93-360, Sec. 1(c)-(e), 88 Stat. 395, 396.) -MISC1- AMENDMENTS 1974 - Subsec. (d). Pub. L. 93-360, Sec. 1(c), (d), substituted 'any notice' for 'the sixty-day' and inserted ', or who engages in any strike within the appropriate period specified in subsection (g) of this section,' in loss-of-employee-status provision and inserted enumeration of modifications to this subsection which are to be applied whenever the collective bargaining involves employees of a health care institution. Subsec. (g). Pub. L. 93-360, Sec. 1(e), added subsec. (g). 1959 - Subsec. (a)(3). Pub. L. 86-257, Sec. 201(e), struck out 'and has at the time the agreement was made or within the preceding twelve months received from the Board a notice of compliance with sections 159(f), (g), (h) of this title' after 'such agreement when made' in cl. (i). Subsec. (b)(4). Pub. L. 86-257, Sec. 704(a), among other changes, substituted 'induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment' for 'induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment' in cl. (i), added cl. (ii), and inserted provisions relating to agreements prohibited by subsection (e) of this section in cl. (A), the proviso relating to primary strikes and primary picketing in cl. (B), and the last proviso relating to publicity. Subsec. (b)(7). Pub. L. 86-257, Sec. 704(c), added par. (7). Subsec. (e). Pub. L. 86-257, Sec. 704(b), added subsec. (e). Subsec. (f). Pub. L. 86-257, Sec. 705(a), added subsec. (f). 1951 - Subsec. (a)(3). Act Oct. 22, 1951, substituted 'and has at the time the agreement was made or within the preceding twelve months received from the Board a notice of compliance with section 159(f), (g), (h) of this title, and (ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement:' for '; and (ii) if, following the most recent election held as provided in section 159(e) of this title the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to authorize such labor organization to make such an agreement:'. 1947 - Act June 23, 1947, amended section generally by stating what were unfair labor practices by a union as well as by an employer, and by inserting provisions protecting the right of free speech for both employers and unions. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-360 effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93-360, set out as an Effective Date note under section 169 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by sections 704(a)-(c) and 705(a) of Pub. L. 86-257 effective sixty days after Sept. 14, 1959, see section 707 of Pub. L. 86-257, set out as a note under section 153 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. AGREEMENTS REQUIRING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT Section 705(b) of Pub. L. 86-257 provided that: 'Nothing contained in the amendment made by subsection (a) (amending this section) shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial Law.' UNFAIR LABOR PRACTICES PRIOR TO JUNE 23, 1947 Section 102 of title I of act June 23, 1947, provided that: 'No provision of this title (amending this subchapter) shall be deemed to make an unfair labor practice any act which was performed prior to the date of the enactment of this act (June 23, 1947) which did not constitute an unfair labor practice prior thereto, and the provisions of section 8(a)(3) and section 8(b)(2) of the National Labor Relations Act as amended by this title (subsecs. (a)(3) and (b)(2) of this section) shall not make an unfair labor practice the performance of any obligation under a collective-bargaining agreement entered into prior to the date of the enactment of this Act (June 23, 1947), or (in the case of an agreement for a period of not more than one year) entered into on or after such date of enactment, but prior to the effective date of this title, if the performance of such obligation would not have constituted an unfair labor practice under section 8(3) (see subsec. (a)(3) of this section) of the National Labor Relations Act prior to the effective date of this title (sixty days after June 23, 1947) unless such agreement was renewed or extended subsequent thereto.' -CROSS- CROSS REFERENCES Actions by and against labor organizations, see section 185 of this title. Boycotts and other unlawful combinations, right to sue, see section 187 of this title. Federal Credit Unions, providing facilities for operations of, see section 158a of this title. Federal employment denied persons who assert right to strike against Government, see section 7311 of Title 5, Government Organization and Employees, and section 1918 of Title 18, Crimes and Criminal Procedure. Injunctive relief granted to Board against unfair labor practices and boycotts, see section 160 of this title. Restrictions on payments and loans to employee representatives, see section 186 of this title. Right to strike preserved, see section 163 of this title. Strikes subject to injunction, see section 178 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158a, 159, 160, 183, 187, 433, 2101 of this title; title 18 section 1951, title 50 section 792a. ------DocID 37660 Document 129 of 944------ -CITE- 29 USC Sec. 158a -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 158a. Providing facilities for operations of Federal Credit Unions -STATUTE- Provision by an employer of facilities for the operations of a Federal Credit Union on the premises of such employer shall not be deemed to be intimidation, coercion, interference, restraint or discrimination within the provisions of sections 157 and 158 of this title, or acts amendatory thereof. -SOURCE- (Dec. 6, 1937, ch. 3, Sec. 5, 51 Stat. 5.) -COD- CODIFICATION This section was not enacted either as part of the Labor Management Relations Act, 1947, which comprises this chapter, or as part of the National Labor Relations Act, which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37661 Document 130 of 944------ -CITE- 29 USC Sec. 159 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 159. Representatives and elections -STATUTE- (a) Exclusive representatives; employees' adjustment of grievances directly with employer Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective-bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment. (b) Determination of bargaining unit by Board The Board shall decide in each case whether, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this subchapter, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof: Provided, That the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or (2) decide that any craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior Board determination, unless a majority of the employees in the proposed craft unit vote against separate representation or (3) decide that any unit is appropriate for such purposes if it includes, together with other employees, any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises; but no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. (c) Hearings on questions affecting commerce; rules and regulations (1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board - (A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in subsection (a) of this section, or (ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in subsection (a) of this section; or (B) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in subsection (a) of this section; the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. (2) In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 160(c) of this title. (3) No election shall be directed in any bargaining unit or any subdivision within which in the preceding twelve-month period, a valid election shall have been held. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (4) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board. (5) In determining whether a unit is appropriate for the purposes specified in subsection (b) of this section the extent to which the employees have organized shall not be controlling. (d) Petition for enforcement or review; transcript Whenever an order of the Board made pursuant to section 160(c) of this title is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection (e) or (f) of section 160 of this title, and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript. (e) Secret ballot; limitation of elections (1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization made pursuant to section 158(a)(3) of this title, of a petition alleging they desire that such authority be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer. (2) No election shall be conducted pursuant to this subsection in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. -SOURCE- (July 5, 1935, ch. 372, Sec. 9, 49 Stat. 453; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 143; Oct. 22, 1951, ch. 534, Sec. 1(c), (d), 65 Stat. 601; Sept. 14, 1959, Pub. L. 86-257, title II, Sec. 201(d), title VII, Sec. 702, 73 Stat. 525, 542.) -MISC1- AMENDMENTS 1959 - Subsec. (c)(3). Pub. L. 86-257, Sec. 702, substituted 'Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve months after the commencement of the strike' for 'Employees on strike who are not entitled to reinstatement shall not be eligible to vote.' Subsecs. (f), (g). Pub. L. 86-257, Sec. 201(d), repealed subsecs. (f) and (g) which required unions to file their constitutions, bylaws and a report, prescribed the contents of the report and directed the filing of annual financial reports, and are now covered by section 431 of this title. Subsec. (h). Pub. L. 86-257, Sec. 201(d), repealed subsec. (h) which related to affidavits showing union's officers free from Communist Party affiliation or belief. 1951 - Subsec. (e). Act Oct. 22, 1951, Sec. 1(c), struck out par. (1) and renumbered pars. (2) and (3) as (1) and (2). Subsecs. (f) to (h). Act Oct. 22, 1951, Sec. 1(d), struck out 'No petition under section 159(e)(1) shall be entertained' wherever appearing. 1947 - Act June 23, 1947, amended section generally to allow employees to carry their grievances directly to the employer, to circumscribe certain powers of the Board, to make the union file with the Secretary of Labor its constitution, bylaws, and report before being certified as a bargaining agent, to require annual reports by labor unions, and to require labor unions to file affidavits with the Board showing that none of its officers are affiliated with or believe in the Communist Party. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by section 702 of Pub. L. 86-257 effective sixty days after Sept. 14, 1959, see section 707 of Pub. L. 86-257, set out as a note under section 153 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. CERTAIN CERTIFICATIONS OF BARGAINING UNITS UNAFFECTED Section 103 of title I of act June 23, 1947, provided that: 'No provisions of this title (amending this subchapter) shall affect any certification of representatives or any determination as to the appropriate collective-bargaining unit, which was made under section 9 of the National Labor Relations Act (this section) prior to the effective date of this title (sixty days after June 23, 1947) until one year after the date of such certification or if, in respect of any such certification, a collective-bargaining contract was entered into prior to the effective date of this title (sixty days after June 23, 1947), until the end of the contract period or until one year after such date, whichever first occurs.' COMMUNIST ORGANIZATIONS AND MEMBERS Prohibitions placed on Communist organizations, and members thereof, with respect to labor, see section 781 et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application of rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 153, 158, 161, 168, 1403, 2101 of this title; title 18 section 1951; title 50 section 792a. ------DocID 37662 Document 131 of 944------ -CITE- 29 USC Sec. 160 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 160. Prevention of unfair labor practices -STATUTE- (a) Powers of Board generally The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in section 158 of this title) affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise: Provided, That the Board is empowered by agreement with any agency of any State or Territory to cede to such agency jurisdiction over any cases in any industry (other than mining, manufacturing, communications, and transportation except where predominantly local in character) even though such cases may involve labor disputes affecting commerce, unless the provision of the State or Territorial statute applicable to the determination of such cases by such agency is inconsistent with the corresponding provision of this subchapter or has received a construction inconsistent therewith. (b) Complaint and notice of hearing; answer; court rules of evidence inapplicable Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six-month period shall be computed from the day of his discharge. Any such complaint may be amended by the member, agent, or agency conducting the hearing or the Board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding and to present testimony. Any such proceeding shall, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to section 2072 of title 28. (c) Reduction of testimony to writing; findings and orders of Board The testimony taken by such member, agent, or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. If upon the preponderance of the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this subchapter: Provided, That where an order directs reinstatement of an employee, back pay may be required of the employer or labor organization, as the case may be, responsible for the discrimination suffered by him: And provided further, That in determining whether a complaint shall issue alleging a violation of subsection (a)(1) or (a)(2) of section 158 of this title, and in deciding such cases, the same regulations and rules of decision shall apply irrespective of whether or not the labor organization affected is affiliated with a labor organization national or international in scope. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon the preponderance of the testimony taken the Board shall not be of the opinion that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the said complaint. No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if such individual was suspended or discharged for cause. In case the evidence is presented before a member of the Board, or before an administrative law judge or judges thereof, such member, or such judge or judges as the case may be, shall issue and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the Board, and if no exceptions are filed within twenty days after service thereof upon such parties, or within such further period as the Board may authorize, such recommended order shall become the order of the Board and become effective as therein prescribed. (d) Modification of findings or orders prior to filing record in court Until the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. (e) Petition to court for enforcement of order; proceedings; review of judgment The Board shall have power to petition any court of appeals of the United States, or if all the courts of appeals to which application may be made are in vacation, any district court of the United States, within any circuit or district, respectively, wherein the unfair labor practice in question occurred or wherein such person resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall file in the court the record in the proceedings, as provided in section 2112 of title 28. Upon the filing of such petition, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Board. No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate United States court of appeals if application was made to the district court as hereinabove provided, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28. (f) Review of final order of Board on petition to court Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any United States court of appeals in the circuit wherein the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business, or in the United States Court of Appeals for the District of Columbia, by filing in such a court a written petition praying that the order of the Board be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Board, and thereupon the aggrieved party shall file in the court the record in the proceeding, certified by the Board, as provided in section 2112 of title 28. Upon the filing of such petition, the court shall proceed in the same manner as in the case of an application by the Board under subsection (e) of this section, and shall have the same jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board; the findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive. (g) Institution of court proceedings as stay of Board's order The commencement of proceedings under subsection (e) or (f) of this section shall not, unless specifically ordered by the court, operate as a stay of the Board's order. (h) Jurisdiction of courts unaffected by limitations prescribed in chapter 6 of this title When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by chapter 6 of this title. (i) Repealed. Pub. L. 98-620, title IV, Sec. 402(31), Nov. 8, 1984, 98 Stat. 3360 (j) Injunctions The Board shall have power, upon issuance of a complaint as provided in subsection (b) of this section charging that any person has engaged in or is engaging in an unfair labor practice, to petition any United States district court, within any district wherein the unfair labor practice in question is alleged to have occurred or wherein such person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper. (k) Hearings on jurisdictional strikes Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4)(D) of section 158(b) of this title, the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, unless, within ten days after notice that such charge has been filed, the parties to such dispute submit to the Board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute. Upon compliance by the parties to the dispute with the decision of the Board or upon such voluntary adjustment of the dispute, such charge shall be dismissed. (l) Boycotts and strikes to force recognition of uncertified labor organizations; injunctions; notice; service of process Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4)(A), (B), or (C) of section 158(b) of this title, or section 158(e) of this title or section 158(b)(7) of this title, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the Board, petition any United States district court within any district where the unfair labor practice in question has occurred, is alleged to have occurred, or wherein such person resides or transacts business, for appropriate injunctive relief pending the final adjudication of the Board with respect to such matter. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law: Provided further, That no temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and such temporary restraining order shall be effective for no longer than five days and will become void at the expiration of such period: Provided further, That such officer or regional attorney shall not apply for any restraining order under section 158(b)(7) of this title if a charge against the employer under section 158(a)(2) of this title has been filed and after the preliminary investigation, he has reasonable cause to believe that such charge is true and that a complaint should issue. Upon filing of any such petition the courts shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony: Provided further, That for the purposes of this subsection district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal office, or (2) in any district in which its duly authorized officers or agents are engaged in promoting or protecting the interests of employee members. The service of legal process upon such officer or agent shall constitute service upon the labor organization and make such organization a party to the suit. In situations where such relief is appropriate the procedure specified herein shall apply to charges with respect to section 158(b)(4)(D) of this title. (m) Priority of cases Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of subsection (a)(3) or (b)(2) of section 158 of this title, such charge shall be given priority over all other cases except cases of like character in the office where it is filed or to which it is referred and cases given priority under subsection (l) of this section. -SOURCE- (July 5, 1935, ch. 372, Sec. 10, 49 Stat. 453; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 146; June 25, 1948, ch. 646, Sec. 32(a), (b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, Sec. 13, 72 Stat. 945; Sept. 14, 1959, Pub. L. 86-257, title VII, Sec. 704(d), 706, 73 Stat. 544; Mar. 27, 1978, Pub. L. 95-251, Sec. 3, 92 Stat. 184; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 402(31), 98 Stat. 3360.) -REFTEXT- REFERENCES IN TEXT The rules of evidence applicable in the district courts of the United States, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The rules of civil procedure for the district courts of the United States, referred to in subsec. (b), are set out in the Appendix to Title 28. Chapter 6 (Sec. 101 et seq.) of this title, referred to in subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act. -COD- CODIFICATION In subsec. (b), 'section 2072 of title 28' substituted for 'the Act of June 19, 1934 (U.S.C., title 28, secs. 723-B, 723-C)' on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. In subsec. (c), 'administrative law judge or judges' and 'such judge or judges' substituted for 'examiner or examiners' and 'such examiner or examiners', respectively, pursuant to section 3105 of Title 5, Government Organization and Employees, and section 3 of Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a note under section 3105 of Title 5. In subsec. (f), 'United States court of appeals' substituted for 'circuit court of appeals of the United States' on authority of act June 25, 1948, as amended by act May 24, 1949. As originally enacted subsecs. (j) and (l) contained references to the District Court of the United States for the District of Columbia. Act June 25, 1948, as amended by act May 24, 1949, substituted 'United States District Court for the District of Columbia' for 'District Court of the United States for the District of Columbia'. However, the words 'United States District Court for the District of Columbia' have now been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district', and section 88 of Title 28 which states that 'the District of Columbia constitutes one judicial district'. -MISC3- AMENDMENTS 1984 - Subsec. (i). Pub. L. 98-620 struck out subsec. (i) which provided for expeditious hearings on petitions. 1959 - Subsec. (l). Pub. L. 86-257, Sec. 704(d), included unfair labor practices within the meaning of sections 158(e) and 158(b)(7) of this title, and inserted proviso prohibiting the officer or regional attorney from applying for any restraining order under section 158(b)(7) of this title if a charge against the employer under section 158(a)(2) of this title has been filed and after the preliminary investigation, he has reasonable cause to believe that such charge is true and that a complaint should issue. Subsec. (m). Pub. L. 86-257, Sec. 706, added subsec. (m). 1958 - Subsec. (d). Pub. L. 85-791, Sec. 13(a), struck out 'a transcript of' after 'until'. Subsec. (e). Pub. L. 85-791, Sec. 13(b), struck out '(including the United States Court of Appeals for the District of Columbia)' before ', or if all the courts', and substituted 'file in the court the record in the proceedings, as provided in section 2112 of title 28' for 'certify and file in the court a transcript of the entire record in the proceedings including the pleadings and testimony upon which such order was entered and the findings and order of the Board' in first sentence, in second sentence substituted 'the filing of such petition' for 'such filing of' and struck out 'upon the pleadings, testimony and proceedings set forth in such transcript' after 'make and enter', in fifth sentence substituted 'member' for 'members' after 'before the Board, its', and substituted 'record' for 'transcript', and in seventh sentence, substituted 'Upon the filing of the record with it the' for 'The', and 'section 1254 of title 28' for 'sections 346 and 347 of title 28'. Subsec. (f). Pub. L. 85-791, Sec. 13(c), substituted 'transmitted by the clerk of the court to' for 'served upon' and 'the record in the proceeding, certified by the Board, as provided in section 2112 of title 28' for 'a transcript of the entire record in the proceeding, certified by the Board including the pleading and testimony upon which the order complained of was entered, and the findings and order of the Board' in second sentence, and in third sentence substituted 'the filing of such petition,' for 'such filing', and struck out 'exclusive' before 'jurisdiction'. 1947 - Act June 23, 1947, amended section generally and added subsecs. (j) to (l) which gives the Board general power to petition district court for temporary relief or restraining order, directs Board to hear and determine jurisdictional strikes, and to investigate boycotts and strikes to force recognition of an uncertified labor union and to petition district court for injunctive relief. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-257 effective sixty days after Sept. 14, 1959, see section 707 of Pub. L. 86-257, set out as a note under section 153 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. COMMUNIST ORGANIZATIONS AND MEMBERS Prohibitions placed on Communist organizations and members thereof, with respect to labor, see section 781 et seq. of Title 50, War and National Defense, particularly sections 782(4A), 784, 792a, and 841 to 844 of that title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application of rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 153, 158, 159, 161, 168 of this title; title 18 section 1951; title 50 section 792a. ------DocID 37663 Document 132 of 944------ -CITE- 29 USC Sec. 161 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 161. Investigatory powers of Board -STATUTE- For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by sections 159 and 160 of this title - (1) Documentary evidence; summoning witnesses and taking testimony The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing. (2) Court aid in compelling production of evidence and attendance of witnesses In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (3) Repealed. Pub. L. 91-452, title II, Sec. 234, Oct. 15, 1970, 84 Stat. 930 (4) Process, service and return; fees of witnesses Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefore when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (5) Process, where served All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found. (6) Information and assistance from departments The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board. -SOURCE- (July 5, 1935, ch. 372, Sec. 11, 49 Stat. 455; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 150; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 234, 84 Stat. 930; June 11, 1960, Pub. L. 86-507, Sec. 1(57), as added May 21, 1980, Pub. L. 96-245, 94 Stat. 347.) -COD- CODIFICATION The original text of par. (2) contained a reference to the District Court of the United States for the District of Columbia. Act June 25, 1948, as amended by act May 24, 1949, substituted 'United States District Court for the District of Columbia' for 'District Court of the United States for the District of Columbia'. However, the words 'United States District Court for the District of Columbia' have now been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district', and section 88 of Title 28 which states that 'the District of Columbia constitutes one judicial district'. -MISC3- AMENDMENTS 1980 - Par. (4). Pub. L. 96-245 inserted provisions authorizing service by certified mail. 1970 - Par. (3). Pub. L. 91-452 struck out par. (3) which related to the immunity from prosecution of any individual compelled to testify or produce evidence after claiming his privilege against self-incrimination. 1947 - Act June 23, 1947, restated section with addition of provisions requiring the issuance of subpenas as a matter of course on the request of any party. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Subpena, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 661 of this title; title 18 section 1951; title 42 section 2000e-9. ------DocID 37664 Document 133 of 944------ -CITE- 29 USC Sec. 162 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 162. Offenses and penalties -STATUTE- Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this subchapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. -SOURCE- (July 5, 1935, ch. 372, Sec. 12, 49 Stat. 456; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 151.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, reenacted section without change. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37665 Document 134 of 944------ -CITE- 29 USC Sec. 163 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 163. Right to strike preserved -STATUTE- Nothing in this subchapter, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. -SOURCE- (July 5, 1935, ch. 372, Sec. 13, 49 Stat. 457; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 151.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, amended section so as to provide that except as specifically provided for in this subchapter nothing shall interfere with or diminish the right to strike and that nothing was to be construed to affect the limitations or qualifications on the right to strike, thus recognizing that the right to strike is not an unlimited and unqualified right. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37666 Document 135 of 944------ -CITE- 29 USC Sec. 164 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 164. Construction of provisions -STATUTE- (a) Supervisors as union members Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining. (b) Agreements requiring union membership in violation of State law Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law. (c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to subchapter II of chapter 5 of title 5, decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959. (2) Nothing in this subchapter shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction. -SOURCE- (July 5, 1935, ch. 372, Sec. 14, 49 Stat. 457; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 151; Sept. 14, 1959, Pub. L. 86-257, title VII, Sec. 701(a), 73 Stat. 541.) -COD- CODIFICATION In subsec. (a)(1), 'subchapter II of chapter 5 of title 5' substituted for 'the Administrative Procedure Act' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1959 - Subsec. (c). Pub. L. 86-257 added subsec. (c). 1947 - Act June 23, 1947, amended section generally by inserting new subject matter. Section formerly referred to conflict of laws, see section 165 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37667 Document 136 of 944------ -CITE- 29 USC Sec. 165 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 165. Conflict of laws -STATUTE- Wherever the application of the provisions of section 272 of chapter 10 of the Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, and Acts amendatory thereof and supplementary thereto (U.S.C., title 11, sec. 672), conflicts with the application of the provisions of this subchapter, this subchapter shall prevail: Provided, That in any situation where the provisions of this subchapter cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect. -SOURCE- (July 5, 1935, ch. 372, Sec. 15, 49 Stat. 457; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 151.) -REFTEXT- REFERENCES IN TEXT The Act approved July 1, 1898, referred to in text, popularly known as the Bankruptcy Act, was classified generally to former Title 11, Bankruptcy, and was repealed effective Oct. 1, 1979, by Pub. L. 95-598, Sec. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. -MISC2- AMENDMENTS 1947 - Act June 23, 1947, amended section generally by inserting new subject matter which was formerly covered by section 164 of this title. Section formerly referred to separability provisions, see section 166 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37668 Document 137 of 944------ -CITE- 29 USC Sec. 166 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 166. Separability -STATUTE- If any provision of this subchapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this subchapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. -SOURCE- (July 5, 1935, ch. 372, Sec. 16, 49 Stat. 457; June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 151.) -MISC1- AMENDMENTS 1947 - Act June 23, 1947, amended section generally by inserting new subject matter which was formerly covered by section 165 of this title. Section formerly referred to short title of chapter, see section 167 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951. ------DocID 37669 Document 138 of 944------ -CITE- 29 USC Sec. 167 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 167. Short title of subchapter -STATUTE- This subchapter may be cited as the 'National Labor Relations Act'. -SOURCE- (July 5, 1935, ch. 372, Sec. 17, as added June 23, 1947, ch. 120, title I, Sec. 101, 61 Stat. 152.) -MISC1- EFFECTIVE DATE For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. ------DocID 37670 Document 139 of 944------ -CITE- 29 USC Sec. 168 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 168. Validation of certificates and other Board actions -STATUTE- No petition entertained, no investigation made, no election held, and no certification issued by the National Labor Relations Board, under any of the provisions of section 159 of this title, shall be invalid by reason of the failure of the Congress of Industrial Organizations to have complied with the requirements of section 159(f), (g), or (h) of this title prior to December 22, 1949, or by reason of the failure of the American Federation of Labor to have complied with the provisions of section 159(f), (g), or (h) of this title prior to November 7, 1947: Provided, That no liability shall be imposed under any provision of this chapter upon any person for failure to honor any election or certificate referred to above, prior to October 22, 1951: Provided, however, That this proviso shall not have the effect of setting aside or in any way affecting judgments or decrees heretofore entered under section 160(e) or (f) of this title and which have become final. -SOURCE- (July 5, 1935, ch. 372, Sec. 18, as added Oct. 22, 1951, ch. 534, Sec. 1(a), 65 Stat. 601.) -REFTEXT- REFERENCES IN TEXT Section 159(f), (g), or (h) of this title, referred to in text, was repealed by Pub. L. 86-257, title II, Sec. 201(d), 73 Stat. 525. See section 431 of this title. ------DocID 37671 Document 140 of 944------ -CITE- 29 USC Sec. 169 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 169. Employees with religious convictions; payment of dues and fees -STATUTE- Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required in a contract between such employees' employer and a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of title 26, chosen by such employee from a list of at least three such funds, designated in such contract or if the contract fails to designate such funds, then to any such fund chosen by the employee. If such employee who holds conscientious objections pursuant to this section requests the labor organization to use the grievance-arbitration procedure on the employee's behalf, the labor organization is authorized to charge the employee for the reasonable cost of using such procedure. -SOURCE- (July 5, 1935, ch. 372, Sec. 19, as added July 26, 1974, Pub. L. 93-360, Sec. 3, 88 Stat. 397, and amended Dec. 24, 1980, Pub. L. 96-593, 94 Stat. 3452.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-593 inserted reference to nonlabor organization and provisions respecting charges to employee for use of grievance-arbitration procedure, and struck out applicability of provisions to employees of health care institutions only. EFFECTIVE DATE Section 4 of Pub. L. 93-360 provided that: 'The amendments made by this Act (enacting this section and section 183 of this title and amending sections 152 and 158 of this title) shall become effective on the thirtieth day after its date of enactment (July 26, 1974).' ------DocID 37672 Document 141 of 944------ -CITE- 29 USC SUBCHAPTER III -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- SUBCHAPTER III - CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES ------DocID 37673 Document 142 of 944------ -CITE- 29 USC Sec. 171 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 171. Declaration of purpose and policy -STATUTE- It is the policy of the United States that - (a) sound and stable industrial peace and the advancement of the general welfare, health, and safety of the Nation and of the best interests of employers and employees can most satisfactorily be secured by the settlement of issues between employers and employees through the processes of conference and collective bargaining between employers and the representatives of their employees; (b) the settlement of issues between employers and employees through collective bargaining may be advanced by making available full and adequate governmental facilities for conciliation, mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts to settle their differences by mutual agreement reached through conferences and collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes; and (c) certain controversies which arise between parties to collective-bargaining agreements may be avoided or minimized by making available full and adequate governmental facilities for furnishing assistance to employers and the representatives of their employees in formulating for inclusion within such agreements provision for adequate notice of any proposed changes in the terms of such agreements, for the final adjustment of grievances or questions regarding the application or interpretation of such agreements, and other provisions designed to prevent the subsequent arising of such controversies. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 201, 61 Stat. 152.) -EXEC- EXECUTIVE ORDER NO. 11482 Ex. Ord. No. 11482, Sept. 22, 1969, 34 F.R. 14723, which related to the Construction Industry Collective Bargaining Commission, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 11849 Ex. Ord. No. 11849, Apr. 1, 1975, 40 F.R. 14887, which related to the Collective Bargaining Committee in Construction, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. ------DocID 37674 Document 143 of 944------ -CITE- 29 USC Sec. 172 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 172. Federal Mediation and Conciliation Service -STATUTE- (a) Creation; appointment of Director There is created an independent agency to be known as the Federal Mediation and Conciliation Service (herein referred to as the 'Service', except that for sixty days after June 23, 1947, such term shall refer to the Conciliation Service of the Department of Labor). The Service shall be under the direction of a Federal Mediation and Conciliation Director (hereinafter referred to as the 'Director'), who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall not engage in any other business, vocation, or employment. (b) Appointment of officers and employees; expenditures for supplies, facilities, and services The Director is authorized, subject to the civil service laws, to appoint such clerical and other personnel as may be necessary for the execution of the functions of the Service, and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5, and may, without regard to the provisions of the civil service laws, appoint such conciliators and mediators as may be necessary to carry out the functions of the Service. The Director is authorized to make such expenditures for supplies, facilities, and services as he deems necessary. Such expenditures shall be allowed and paid upon presentation of itemized vouchers therefor approved by the Director or by any employee designated by him for that purpose. (c) Principal and regional offices; delegation of authority by Director; annual report to Congress The principal office of the Service shall be in the District of Columbia, but the Director may establish regional offices convenient to localities in which labor controversies are likely to arise. The Director may by order, subject to revocation at any time, delegate any authority and discretion conferred upon him by this chapter to any regional director, or other officer or employee of the Service. The Director may establish suitable procedures for cooperation with State and local mediation agencies. The Director shall make an annual report in writing to Congress at the end of the fiscal year. (d) Transfer of all mediation and conciliation services to Service; effective date; pending proceedings unaffected All mediation and conciliation functions of the Secretary of Labor or the United States Conciliation Service under section 51 of this title, and all functions of the United States Conciliation Service under any other law are transferred to the Federal Mediation and Conciliation Service, together with the personnel and records of the United States Conciliation Service. Such transfer shall take effect upon the sixtieth day after June 23, 1947. Such transfer shall not affect any proceedings pending before the United States Conciliation Service or any certification, order, rule, or regulation theretofore made by it or by the Secretary of Labor. The Director and the Service shall not be subject in any way to the jurisdiction or authority of the Secretary of Labor or any official or division of the Department of Labor. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 202, 61 Stat. 153; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (b), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. Section 51 of this title, referred to in subsec. (d), was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642. -COD- CODIFICATION Provisions of subsec. (a) which prescribed the basic annual compensation of the Director were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees. In subsec. (b), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. Provisions of subsec. (b) that authorized the Director to fix the compensation of conciliators and mediators without regard to the Classification Act of 1923, as amended, have been omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in this section because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. -MISC3- AMENDMENTS 1949 - Subsec. (b). Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. ------DocID 37675 Document 144 of 944------ -CITE- 29 USC Sec. 173 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 173. Functions of Service -STATUTE- (a) Settlement of disputes through conciliation and mediation It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation. (b) Intervention on motion of Service or request of parties; avoidance of mediation of minor disputes The Service may proffer its services in any labor dispute in any industry affecting commerce, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial interruption of commerce. The Director and the Service are directed to avoid attempting to mediate disputes which would have only a minor effect on interstate commerce if State or other conciliation services are available to the parties. Whenever the Service does proffer its services in any dispute, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (c) Settlement of disputes by other means upon failure of conciliation If the Director is not able to bring the parties to agreement by conciliation within a reasonable time, he shall seek to induce the parties voluntarily to seek other means of settling the dispute without resort to strike, lock-out, or other coercion, including submission to the employees in the bargaining unit of the employer's last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the Director shall not be deemed a violation of any duty or obligation imposed by this chapter. (d) Use of conciliation and mediation services as last resort Final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective-bargaining agreement. The Service is directed to make its conciliation and mediation services available in the settlement of such grievance disputes only as a last resort and in exceptional cases. (e) Encouragement and support of establishment and operation of joint labor management activities conducted by committees The Service is authorized and directed to encourage and support the establishment and operation of joint labor management activities conducted by plant, area, and industrywide committees designed to improve labor management relationships, job security and organizational effectiveness, in accordance with the provisions of section 175a of this title. (f) Use of alternative means of dispute resolution procedures; assignment of neutrals and arbitrators The Service may make its services available to Federal agencies to aid in the resolution of disputes under the provisions of subchapter IV of chapter 5 of title 5. Functions performed by the Service may include assisting parties to disputes related to administrative programs, training persons in skills and procedures employed in alternative means of dispute resolution, and furnishing officers and employees of the Service to act as neutrals. Only officers and employees who are qualified in accordance with section 583 of title 5 may be assigned to act as neutrals. The Service shall consult with the Administrative Conference of the United States and other agencies in maintaining rosters of neutrals and arbitrators, and to adopt such procedures and rules as are necessary to carry out the services authorized in this subsection. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 203, 61 Stat. 153; Oct. 27, 1978, Pub. L. 95-524, Sec. 6(c)(1), 92 Stat. 2020; Nov. 15, 1990, Pub. L. 101-552, Sec. 7, 104 Stat. 2746.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below. -REFTEXT- REFERENCES IN TEXT Subchapter IV of chapter 5 of title 5, referred to in subsec. (f), means subchapter IV (Sec. 581 et seq.) of chapter 5 of Title 5, Government Organization and Employees, as added by Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2738. Another subchapter IV (Sec. 581 et seq.) of chapter 5 of Title 5 was added by Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4969. -MISC2- AMENDMENTS 1990 - Subsec. (f). Pub. L. 101-552 temporarily added subsec. (f). See Termination Date of 1990 Amendment; Savings Provision note below. 1978 - Subsec. (e). Pub. L. 95-524 added subsec. (e). TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 581 of Title 5, Government Organization and Employees. -CROSS- DEFINITIONS Definitions of 'agency', 'administrative program', and 'alternative means of dispute resolution' in section 581 of Title 5, Government Organization and Employees, are applicable to this section, see section 10 of Pub. L. 101-552, set out as a note under section 581 of Title 5. -MISC7- APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Amendment by Pub. L. 95-524 not to affect terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95-524, set out as a note under section 175a of this title. ------DocID 37676 Document 145 of 944------ -CITE- 29 USC Sec. 174 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 174. Co-equal obligations of employees, their representatives, and management to minimize labor disputes -STATUTE- (a) (FOOTNOTE 1) In order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, employers and employees and their representatives, in any industry affecting commerce, shall - (FOOTNOTE 1) Section was enacted without a subsec. (b). (1) exert every reasonable effort to make and maintain agreements concerning rates of pay, hours, and working conditions, including provision for adequate notice of any proposed change in the terms of such agreements; (2) whenever a dispute arises over the terms or application of a collective-bargaining agreement and a conference is requested by a party or prospective party thereto, arrange promptly for such a conference to be held and endeavor in such conference to settle such dispute expeditiously; and (3) in case such dispute is not settled by conference, participate fully and promptly in such meetings as may be undertaken by the Service under this chapter for the purpose of aiding in a settlement of the dispute. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 204, 61 Stat. 154.) ------DocID 37677 Document 146 of 944------ -CITE- 29 USC Sec. 175 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties -STATUTE- (a) There is created a National Labor-Management Panel which shall be composed of twelve members appointed by the President, six of whom shall be selected from among persons outstanding in the field of management and six of whom shall be selected from among persons outstanding in the field of labor. Each member shall hold office for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and the terms of office of the members first taking office shall expire, as designated by the President at the time of appointment, four at the end of the first year, four at the end of the second year, and four at the end of the third year after the date of appointment. Members of the panel, when serving on business of the panel, shall be paid compensation at the rate of $25 per day, and shall also be entitled to receive an allowance for actual and necessary travel and subsistence expenses while so serving away from their places of residence. (b) It shall be the duty of the panel, at the request of the Director, to advise in the avoidance of industrial controversies and the manner in which mediation and voluntary adjustment shall be administered, particularly with reference to controversies affecting the general welfare of the country. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 205, 61 Stat. 154.) ------DocID 37678 Document 147 of 944------ -CITE- 29 USC Sec. 175a -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 175a. Assistance to plant, area, and industrywide labor management committees -STATUTE- (a) Establishment and operation of plant, area, and industrywide committees (1) The Service is authorized and directed to provide assistance in the establishment and operation of plant, area and industrywide labor management committees which - (A) have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry; and (B) are established for the purpose of improving labor management relationships, job security, organizational effectiveness, enhancing economic development or involving workers in decisions affecting their jobs including improving communication with respect to subjects of mutual interest and concern. (2) The Service is authorized and directed to enter into contracts and to make grants, where necessary or appropriate, to fulfill its responsibilities under this section. (b) Restrictions on grants, contracts, or other assistance (1) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to a plant labor management committee unless the employees in that plant are represented by a labor organization and there is in effect at that plant a collective bargaining agreement. (2) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to an area or industrywide labor management committee unless its participants include any labor organizations certified or recognized as the representative of the employees of an employer participating in such committee. Nothing in this clause shall prohibit participation in an area or industrywide committee by an employer whose employees are not represented by a labor organization. (3) No grant may be made under the provisions of this section to any labor management committee which the Service finds to have as one of its purposes the discouragement of the exercise of rights contained in section 157 of this title, or the interference with collective bargaining in any plant, or industry. (c) Establishment of office The Service shall carry out the provisions of this section through an office established for that purpose. (d) Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this section $10,000,000 for the fiscal year 1979, and such sums as may be necessary thereafter. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 205A, as added Oct. 27, 1978, Pub. L. 95-524, Sec. 6(c)(2), 92 Stat. 2020.) -MISC1- SHORT TITLE For short title of section 6 of Pub. L. 95-524 as the Labor Management Cooperation Act of 1978, see note set out under section 141 of this title. CONGRESSIONAL STATEMENT OF PURPOSE Section 6(b) of Pub. L. 95-524 provided that: 'It is the purpose of this section (enacting this section and amending sections 173 and 186 of this title) - '(1) to improve communication between representatives of labor and management; '(2) to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness; '(3) to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process; '(4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry; '(5) to enhance the involvement of workers in making decisions that affect their working lives; '(6) to expand and improve working relationships between workers and managers; and '(7) to encourage free collective bargaining by establishing continuing mechanisms for communication between employers and their employees through Federal assistance to the formation and operation of labor management committees.' APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Section 6(e) of Pub. L. 95-524 provided that: 'Nothing in this section or the amendments made by this section (enacting this section, amending sections 173 and 186 of this title, and enacting provisions set out as notes under this section) shall affect the terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after the date of enactment of this section (Oct. 27, 1978).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 173 of this title. ------DocID 37679 Document 148 of 944------ -CITE- 29 USC Sec. 176 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service -STATUTE- Whenever in the opinion of the President of the United States, a threatened or actual strike or lockout affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil the national health or safety, he may appoint a board of inquiry to inquire into the issues involved in the dispute and to make a written report to him within such time as he shall prescribe. Such report shall include a statement of the facts with respect to the dispute, including each party's statement of its position but shall not contain any recommendations. The President shall file a copy of such report with the Service and shall make its contents available to the public. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 206, 61 Stat. 155.) -EXEC- EXECUTIVE ORDER NO. 11621 Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, which created a Board of Inquiry to inquire into issues involved in certain labor disputes, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. ------DocID 37680 Document 149 of 944------ -CITE- 29 USC Sec. 177 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 177. Board of inquiry -STATUTE- (a) Composition A board of inquiry shall be composed of a chairman and such other members as the President shall determine, and shall have power to sit and act in any place within the United States and to conduct such hearings either in public or in private, as it may deem necessary or proper, to ascertain the facts with respect to the causes and circumstances of the dispute. (b) Compensation Members of a board of inquiry shall receive compensation at the rate of $50 for each day actually spent by them in the work of the board, together with necessary travel and subsistence expenses. (c) Powers of discovery For the purpose of any hearing or inquiry conducted by any board appointed under this title, 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 applicable to the powers and duties of such board. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 207, 61 Stat. 155.) ------DocID 37681 Document 150 of 944------ -CITE- 29 USC Sec. 178 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 178. Injunctions during national emergency -STATUTE- (a) Petition to district court by Attorney General on direction of President Upon receiving a report from a board of inquiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the continuing thereof, and if the court finds that such threatened or actual strike or lock-out - (i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce; and (ii) if permitted to occur or to continue, will imperil the national health or safety, it shall have jurisdiction to enjoin any such strike or lockout, or the continuing thereof, and to make such other orders as may be appropriate. (b) Inapplicability of chapter 6 In any case, the provisions of chapter 6 of this title shall not be applicable. (c) Review of orders The order or orders of the court shall be subject to review by the appropriate United States court of appeals and by the Supreme Court upon writ of certiorari or certification as provided in section 1254 of title 28. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 208, 61 Stat. 155; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -REFTEXT- REFERENCES IN TEXT Chapter 6 (Sec. 101 et seq.) of this title, referred to in subsec. (b), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act. -COD- CODIFICATION In subsec. (c), 'court of appeals' substituted for 'circuit court of appeals' on authority of act June 25, 1948, as amended by act May 24, 1949. The words 'United States' immediately preceding 'Court of appeals' were inserted on authority of section 43 of Title 28, Judiciary and Judicial Procedure. In subsec. (c), 'section 1254 of title 28' substituted for 'sections 239 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347)' on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 179 of this title. ------DocID 37682 Document 151 of 944------ -CITE- 29 USC Sec. 179 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 179. Injunctions during national emergency; adjustment efforts by parties during injunction period -STATUTE- (a) Assistance of Service; acceptance of Service's proposed settlement Whenever a district court has issued an order under section 178 of this title enjoining acts or practices which imperil or threaten to imperil the national health or safety, it shall be the duty of the parties to the labor dispute giving rise to such order to make every effort to adjust and settle their differences, with the assistance of the Service created by this chapter. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service. (b) Reconvening of board of inquiry; report by board; contents; secret ballot of employees by National Labor Relations Board; certification of results to Attorney General Upon the issuance of such order, the President shall reconvene the board of inquiry which has previously reported with respect to the dispute. At the end of a sixty-day period (unless the dispute has been settled by that time), the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall include a statement by each party of its position and a statement of the employer's last offer of settlement. The President shall make such report available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer as stated by him and shall certify the results thereof to the Attorney General within five days thereafter. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 209, 61 Stat. 155.) ------DocID 37683 Document 152 of 944------ -CITE- 29 USC Sec. 180 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 180. Discharge of injunction upon certification of results of election or settlement; report to Congress -STATUTE- Upon the certification of the results of such ballot or upon a settlement being reached, whichever happens sooner, the Attorney General shall move the court to discharge the injunction, which motion shall then be granted and the injunction discharged. When such motion is granted, the President shall submit to the Congress a full and comprehensive report of the proceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with such recommendations as he may see fit to make for consideration and appropriate action. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 210, 61 Stat. 156.) ------DocID 37684 Document 153 of 944------ -CITE- 29 USC Sec. 181 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 181. Compilation of collective bargaining agreements, etc.; use of data -STATUTE- (a) For the guidance and information of interested representatives of employers, employees, and the general public, the Bureau of Labor Statistics of the Department of Labor shall maintain a file of copies of all available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes. Such file shall be open to inspection under appropriate conditions prescribed by the Secretary of Labor, except that no specific information submitted in confidence shall be disclosed. (b) The Bureau of Labor Statistics in the Department of labor is authorized to furnish upon request of the Service, or employers, employees, or their representatives, all available data and factual information which may aid in the settlement of any labor dispute, except that no specific information submitted in confidence shall be disclosed. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 211, 61 Stat. 156.) ------DocID 37685 Document 154 of 944------ -CITE- 29 USC Sec. 182 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 182. Exemption of Railway Labor Act from subchapter -STATUTE- The provisions of this subchapter shall not be applicable with respect to any matter which is subject to the provisions of the Railway Labor Act (45 U.S.C. 151 et seq.), as amended from time to time. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 212, 61 Stat. 156.) -REFTEXT- REFERENCES IN TEXT The Railway Labor Act, as amended, referred to in text, is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. ------DocID 37686 Document 155 of 944------ -CITE- 29 USC Sec. 183 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 183. Conciliation of labor disputes in the health care industry -STATUTE- (a) Establishment of Boards of Inquiry; membership If, in the opinion of the Director of the Federal Mediation and Conciliation Service, a threatened or actual strike or lockout affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 158(d) of this title (which is required by clause (3) of such section 158(d) of this title), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties within fifteen (15) days after the establishment of such a Board. The written report shall contain the findings of fact together with the Board's recommendations for settling the dispute, with the objective of achieving a prompt, peaceful and just settlement of the dispute. Each such Board shall be composed of such number of individuals as the Director may deem desirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organizations involved in the dispute. (b) Compensation of members of Boards of Inquiry (1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section. (2) Members of any board established under this section who are not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5, including travel for each day they are engaged in the performance of their duties under this section and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. (c) Maintenance of status quo After the establishment of a board under subsection (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial beginning negotiation, except by agreement, shall be made by the parties to the controversy. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. -SOURCE- (June 23, 1947, ch. 120, title II, Sec. 213, as added July 26, 1974, Pub. L. 93-360, Sec. 2, 88 Stat. 396.) -MISC1- EFFECTIVE DATE Section effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93-360, set out as a note under section 169 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 37687 Document 156 of 944------ -CITE- 29 USC SUBCHAPTER IV -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT ------DocID 37688 Document 157 of 944------ -CITE- 29 USC Sec. 185 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 185. Suits by and against labor organizations -STATUTE- (a) Venue, amount, and citizenship Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. (b) Responsibility for acts of agent; entity for purposes of suit; enforcement of money judgments Any labor organization which represents employees in an industry affecting commerce as defined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets. (c) Jurisdiction For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal office, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. (d) Service of process The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. (e) Determination of question of agency For the purposes of this section, in determining whether any person is acting as an 'agent' of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. -SOURCE- (June 23, 1947, ch. 120, title III, Sec. 301, 61 Stat. 156.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 187 of this title. ------DocID 37689 Document 158 of 944------ -CITE- 29 USC Sec. 186 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 186. Restrictions on financial transactions -STATUTE- (a) Payment or lending, etc., of money by employer or agent to employees, representatives, or labor organizations It shall be unlawful for any employer or association of employers or any person who acts as a labor relations expert, adviser, or consultant to an employer or who acts in the interest of an employer to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value - (1) to any representative of any of his employees who are employed in an industry affecting commerce; or (2) to any labor organization, or any officer or employee thereof, which represents, seeks to represent, or would admit to membership, any of the employees of such employer who are employed in an industry affecting commerce; or (3) to any employee or group or committee of employees of such employer employed in an industry affecting commerce in excess of their normal compensation for the purpose of causing such employee or group or committee directly or indirectly to influence any other employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing; or (4) to any officer or employee of a labor organization engaged in an industry affecting commerce with intent to influence him in respect to any of his actions, decisions, or duties as a representative of employees or as such officer or employee of such labor organization. (b) Request, demand, etc., for money or other thing of value (1) It shall be unlawful for any person to request, demand, receive, or accept, or agree to receive or accept, any payment, loan, or delivery of any money or other thing of value prohibited by subsection (a) of this section. (2) It shall be unlawful for any labor organization, or for any person acting as an officer, agent, representative, or employee of such labor organization, to demand or accept from the operator of any motor vehicle (as defined in section 10102 of title 49) employed in the transportation of property in commerce, or the employer of any such operator, any money or other thing of value payable to such organization or to an officer, agent, representative or employee thereof as a fee or charge for the unloading, or in connection with the unloading, of the cargo of such vehicle: Provided, That nothing in this paragraph shall be construed to make unlawful any payment by an employer to any of his employees as compensation for their services as employees. (c) Exceptions The provisions of this section shall not be applicable (1) in respect to any money or other thing of value payable by an employer to any of his employees whose established duties include acting openly for such employer in matters of labor relations or personnel administration or to any representative of his employees, or to any officer or employee of a labor organization, who is also an employee or former employee of such employer, as compensation for, or by reason of, his service as an employee of such employer; (2) with respect to the payment or delivery of any money or other thing of value in satisfaction of a judgment of any court or a decision or award of an arbitrator or impartial chairman or in compromise, adjustment, settlement, or release of any claim, complaint, grievance, or dispute in the absence of fraud or duress; (3) with respect to the sale or purchase of an article or commodity at the prevailing market price in the regular course of business; (4) with respect to money deducted from the wages of employees in payment of membership dues in a labor organization: Provided, That the employer has received from each employee, on whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable collective agreement, whichever occurs sooner; (5) with respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employees of such employer, and their families and dependents (or of such employees, families, and dependents jointly with the employees of other employers making similar payments, and their families and dependents): Provided, That (A) such payments are held in trust for the purpose of paying, either from principal or income or both, for the benefit of employees, their families and dependents, for medical or hospital care, pensions on retirement or death of employees, compensation for injuries or illness resulting from occupational activity or insurance to provide any of the foregoing, or unemployment benefits or life insurance, disability and sickness insurance, or accident insurance; (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer, and employees and employers are equally represented in the administration of such fund, together with such neutral persons as the representatives of the employers and the representatives of employees may agree upon and in the event the employer and employee groups deadlock on the administration of such fund and there are no neutral persons empowered to break such deadlock, such agreement provides that the two groups shall agree on an impartial umpire to decide such dispute, or in event of their failure to agree within a reasonable length of time, an impartial umpire to decide such dispute shall, on petition of either group, be appointed by the district court of the United States for the district where the trust fund has its principal office, and shall also contain provisions for an annual audit of the trust fund, a statement of the results of which shall be available for inspection by interested persons at the principal office of the trust fund and at such other places as may be designated in such written agreement; and (C) such payments as are intended to be used for the purpose of providing pensions or annuities for employees are made to a separate trust which provides that the funds held therein cannot be used for any purpose other than paying such pensions or annuities; (6) with respect to money or other thing of value paid by any employer to a trust fund established by such representative for the purpose of pooled vacation, holiday, severance or similar benefits, or defraying costs of apprenticeship or other training programs: Provided, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such trust funds; (7) with respect to money or other thing of value paid by any employer to a pooled or individual trust fund established by such representative for the purpose of (A) scholarships for the benefit of employees, their families, and dependents for study at educational institutions, (B) child care centers for preschool and school age dependents of employees, or (C) financial assistance for employee housing: Provided, That no labor organization or employer shall be required to bargain on the establishment of any such trust fund, and refusal to do so shall not constitute an unfair labor practice: Provided further, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such trust funds; (8) with respect to money or any other thing of value paid by any employer to a trust fund established by such representative for the purpose of defraying the costs of legal services for employees, their families, and dependents for counsel or plan of their choice: Provided, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such trust funds: Provided further, That no such legal services shall be furnished: (A) to initiate any proceeding directed (i) against any such employer or its officers or agents except in workman's compensation cases, or (ii) against such labor organization, or its parent or subordinate bodies, or their officers or agents, or (iii) against any other employer or labor organization, or their officers or agents, in any matter arising under subchapter II of this chapter or this chapter; and (B) in any proceeding where a labor organization would be prohibited from defraying the costs of legal services by the provisions of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.); or (9) with respect to money or other things of value paid by an employer to a plant, area or industrywide labor management committee established for one or more of the purposes set forth in section 5(b) of the Labor Management Cooperation Act of 1978. (d) Penalties for violations (1) Any person who participates in a transaction involving a payment, loan, or delivery of money or other thing of value to a labor organization in payment of membership dues or to a joint labor-management trust fund as defined by clause (B) of the proviso to clause (5) of subsection (c) of this section or to a plant, area, or industry-wide labor-management committee that is received and used by such labor organization, trust fund, or committee, which transaction does not satisfy all the applicable requirements of subsections (c)(4) through (c)(9) of this section, and willfully and with intent to benefit himself or to benefit other persons he knows are not permitted to receive a payment, loan, money, or other thing of value under subsections (c)(4) through (c)(9) violates this subsection, shall, upon conviction thereof, be guilty of a felony and be subject to a fine of not more than $15,000, or imprisoned for not more than five years, or both; but if the value of the amount of money or thing of value involved in any violation of the provisions of this section does not exceed $1,000, such person shall be guilty of a misdemeanor and be subject to a fine of not more than $10,000, or imprisoned for not more than one year, or both. (2) Except for violations involving transactions covered by subsection (d)(1) of this section, any person who willfully violates this section shall, upon conviction thereof, be guilty of a felony and be subject to a fine of not more than $15,000, or imprisoned for not more than five years, or both; but if the value of the amount of money or thing of value involved in any violation of the provisions of this section does not exceed $1,000, such person shall be guilty of a misdemeanor and be subject to a fine of not more than $10,000, or imprisoned for not more than one year, or both. (e) Jurisdiction of courts The district courts of the United States and the United States courts of the Territories and possessions shall have jurisdiction, for cause shown, and subject to the provisions of section 381 of title 28 (relating to notice to opposite party) to restrain violations of this section, without regard to the provisions of section 17 of title 15 and section 52 of this title, and the provisions of chapter 6 of this title. (f) Effective date of provisions This section shall not apply to any contract in force on June 23, 1947, until the expiration of such contract, or until July 1, 1948, whichever first occurs. (g) Contributions to trust funds Compliance with the restrictions contained in subsection (c)(5)(B) of this section upon contributions to trust funds, otherwise lawful, shall not be applicable to contributions to such trust funds established by collective agreement prior to January 1, 1946, nor shall subsection (c)(5)(A) of this section be construed as prohibiting contributions to such trust funds if prior to January 1, 1947, such funds contained provisions for pooled vacation benefits. -SOURCE- (June 23, 1947, ch. 120, title III, Sec. 302, 61 Stat. 157; Sept. 14, 1959, Pub. L. 86-257, title V, Sec. 505, 73 Stat. 537; Oct. 14, 1969, Pub. L. 91-86, 83 Stat. 133; Aug. 15, 1973, Pub. L. 93-95, 87 Stat. 314; Oct. 27, 1978, Pub. L. 95-524, Sec. 6(d), 92 Stat. 2021; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 801, 98 Stat. 2131; Apr. 18, 1990, Pub. L. 101-273, Sec. 1, 104 Stat. 138.) -REFTEXT- REFERENCES IN TEXT The Labor-Management Reporting and Disclosure Act of 1959, referred to in subsec. (c)(8), is Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519, as amended, which is classified principally to chapter 11 (Sec. 401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. Section 5(b) of the Labor Management Cooperation Act of 1978, referred to in subsec. (c)(9), probably means section 6(b) of Pub. L. 95-524, which is set out as a note under section 175a of this title. Section 381 of title 28, referred to in subsec. (e), was omitted from the revision of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 869. See rule 65 of Federal Rules of Civil Procedure set out in the Appendix to Title 28. Chapter 6 (Sec. 101 et seq.) of this title, referred to in subsec. (e), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act. -COD- CODIFICATION In subsec. (b)(2), 'section 10102 of title 49' substituted for 'part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.)' on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. -MISC3- AMENDMENTS 1990 - Subsec. (c)(7)(C). Pub. L. 101-273 added subcl. (C). 1984 - Subsec. (d). Pub. L. 98-473, in amending subsec. (d) generally, added par. (1), designated existing provisions as par. (2), inserted reference to par. (1), and inserted provisions relating to commission of a felony. 1978 - Subsec. (c)(9). Pub. L. 95-524 added cl. (9). 1973 - Subsec. (c)(8). Pub. L. 93-95 added cl. (8). 1969 - Subsec. (c)(7). Pub. L. 91-86 added cl. (7). 1959 - Subsec. (a). Pub. L. 86-257 amended subsec. (a) generally. Prior to amendment subsec. (a) read as follows: 'It shall be unlawful for any employer to pay or deliver, or to agree to pay or deliver, any money or other thing of value to any representative of any of his employees who are employed in an industry affecting commerce.' Subsec. (b). Pub. L. 86-257 amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: 'It shall be unlawful for any representative of any employees who are employed in an industry affecting commerce to receive or accept, or to agree to receive or accept, from the employer of such employees any money or other thing of value.' Subsec. (c). Pub. L. 86-257 substituted 'in respect to any money or other thing of value payable by an employer to any of his employees whose established duties include acting openly for such employer in matters of labor relations or personnel administration or to any representative of his employees, or to any officer or employee of a labor organization, who is also an employee or former employee of such employer, as compensation for, or by reason of, his service as an employee of such employer' for 'with respect to any money or other thing of value payable by an employer to any representative who is an employee or former employee of such employer, as compensation for, or by reason of, his services as an employee of such employer' in cl. (1), and added cl. (6). APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Amendment by Pub. L. 95-524 not to affect terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95-524, set out as an Effective Date note under section 175a of this title. -CROSS- CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of violations of this section dealing with restrictions on payments and loans to labor organizations, see section 2516 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 432, 433, 523, 1002, 1111 of this title; title 18 section 2516; title 33 section 917. ------DocID 37690 Document 159 of 944------ -CITE- 29 USC Sec. 187 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 187. Unlawful activities or conduct; right to sue; jurisdiction; limitations; damages -STATUTE- (a) It shall be unlawful, for the purpose of this section only, in an industry or activity affecting commerce, for any labor organization to engage in any activity or conduct defined as an unfair labor practice in section 158(b)(4) of this title. (b) Whoever shall be injured in his business or property by reason or (FOOTNOTE 1) any violation of subsection (a) of this section may sue therefor in any district court of the United States subject to the limitations and provisions of section 185 of this title without respect to the amount in controversy, or in any other court having jurisdiction of the parties, and shall recover the damages by him sustained and the cost of the suit. (FOOTNOTE 1) So in original. Probably should be 'of'. -SOURCE- (June 23, 1947, ch. 120, title III, Sec. 303, 61 Stat. 158; Sept. 14, 1959, Pub. L. 86-257, title VII, Sec. 704(e), 73 Stat. 545.) -MISC1- AMENDMENTS 1959 - Subsec. (a). Pub. L. 86-257 struck out provisions which specified particular practices that were unlawful, and inserted reference to practices defined in section 158(b)(4) of this title, which section defines the unfair labor practices formerly enumerated in this subsection. ------DocID 37691 Document 160 of 944------ -CITE- 29 USC Sec. 188 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 188. Repealed. Aug. 9, 1955, ch. 690, Sec. 4(3), 69 Stat. 625 -MISC1- Section, act June 23, 1947, ch. 120, title III, Sec. 305, 61 Stat. 160, forbade striking by Government employees, required discharge of striking employee and forfeiture of his civil-service status, and made him ineligible for employment for three years. See sections 3333 and 7311 of Title 5, Government Organization and Employees, and section 1918 of Title 18, Crimes and Criminal Procedure. ------DocID 37692 Document 161 of 944------ -CITE- 29 USC SUBCHAPTER V -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER V -HEAD- SUBCHAPTER V - CONGRESSIONAL -MISC1- JOINT COMMITTEE ON LABOR- MANAGEMENT RELATIONS ------DocID 37693 Document 162 of 944------ -CITE- 29 USC Sec. 191 to 197 -EXPCITE- TITLE 29 CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 191 to 197. Omitted -COD- CODIFICATION Section 191, act June 23, 1947, ch. 120, title IV, Sec. 401, 61 Stat. 160, related to establishment and composition of Joint Committee on Labor-Management Relations. Section 192, act June 23, 1947, ch. 120, title IV, Sec. 402, 61 Stat. 160, related to a study by committee of the entire field of labor-management relations. Section 193, acts June 23, 1947, ch. 120, title IV, Sec. 403, 61 Stat. 160; Aug. 10, 1948, ch. 833, 62 Stat. 1286, related to a final report to Congress to be submitted no later than March 1, 1949. Section 194, act June 23, 1947, ch. 120, title IV, Sec. 404, 61 Stat. 161, related to employment and compensation of experts and other personnel. Section 195, act June 23, 1947, ch. 120, title IV, Sec. 405, 61 Stat. 161, related to hearings, calling of witnesses, production of evidence. Section 196, act June 23, 1947, ch. 120, title IV, Sec. 406, 61 Stat. 161, related to reimbursement of committee members for expenses. Section 197, act June 23, 1947, ch. 120, title IV, Sec. 407, 61 Stat. 161, related to appropriation of funds. ------DocID 37694 Document 163 of 944------ -CITE- 29 USC CHAPTER 8 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- CHAPTER 8 - FAIR LABOR STANDARDS -MISC1- Sec. 201. Short title. 202. Congressional finding and declaration of policy. 203. Definitions. 204. Administration. (a) Creation of Wage and Hour Division in Department of Labor; Administrator. (b) Appointment, selection, classification, and promotion of employees by Administrator. (c) Principal office of Administrator; jurisdiction. (d) Annual report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities. (e) Study of effects of foreign production on unemployment; report to President and Congress. (f) Employees of Library of Congress; administration of provisions by Office of Personnel Management. 205. Special industry committees for American Samoa. (a) Establishment; residents as members of committees. (b) Appointment of committee without regard to other laws pertaining to the appointment and compensation of employees of the United States; composition of committees. (c) Quorum; compensation; employees. (d) Submission of data to committees. 206. Minimum wage. (a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees. (b) Additional applicability to employees pursuant to subsequent amendatory provisions. (c) Employees in Puerto Rico. (d) Prohibition of sex discrimination. (e) Employees of employers providing contract services to United States. (f) Employees in domestic service. 207. Maximum hours. (a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions. (b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products. (c), (d) Repealed. (e) 'Regular rate' defined. (f) Employment necessitating irregular hours of work. (g) Employment at piece rates. (h) Extra compensation creditable toward overtime compensation. (i) Employment by retail or service establishment. (j) Employment in hospital or establishment engaged in care of sick, aged, or mentally ill. (k) Employment by public agency engaged in fire protection or law enforcement activities. (l) Employment in domestic service in one or more households. (m) Employment in tobacco industry. (n) Employment by street, suburban, or interurban electric railway, or local trolley or motorbus carrier. (o) Compensatory time. (p) Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution. (q) Maximum hour exemption for employees receiving remedial education. 208. Wage orders in American Samoa. (a) Congressional policy; recommendation of wage rate by industry committee. (b) Investigation of industry condition by industry committee; matters considered. (c) Classifications within industry; recommendation of wage rate. (d) Report by industry committee; publication in Federal Register. (e) Orders. (f) Due notice of hearings by publication in Federal Register. 209. Attendance of witnesses. 210. Court review of wage orders in Puerto Rico and the Virgin Islands. 211. Collection of data. (a) Investigations and inspections. (b) State and local agencies and employees. (c) Records. (d) Homework regulations. 212. Child labor provisions. (a) Restrictions on shipment of goods; prosecution; conviction. (b) Investigations and inspections. (c) Oppressive child labor. (d) Proof of age. 213. Exemptions. (a) Minimum wage and maximum hour requirements. (b) Maximum hour requirements. (c) Child labor requirements. (d) Delivery of newspapers and wreathmaking. (e) Maximum hour requirements and minimum wage employees. (f) Employment in foreign countries and certain United States territories. (g) Certain employment in retail or service establishments, agriculture. (h) Maximum hour requirement: fourteen workweek limitation. (i) Cotton ginning. (j) Processing of sugar beets, sugar beet molasses, or sugar cane. 214. Employment under special certificates. (a) Learners, apprentices, messengers. (b) Students. (c) Handicapped workers. (d) Employment by schools. 215. Prohibited acts; prima facie evidence. 216. Penalties. (a) Fines and imprisonment. (b) Damages; right of action; attorney's fees and costs; termination of right of action. (c) Payment of wages and compensation; waiver of claims; actions by the Secretary; limitation of actions. (d) Savings provisions. (e) Civil penalties for child labor violations. 216a. Repealed. 216b. Liability for overtime work performed prior to July 20, 1949. 217. Injunction proceedings. 218. Relation to other laws. 219. Separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 251 to 262, 795, 1802 of this title; title 2 section 60k; title 5 section 2105; title 7 sections 2015, 2026, 2029; title 15 sections 1014, 3152; title 38 section 618; title 41 section 355; title 42 sections 1437t, 3056, 5044, 8009, 8011, 12553. ------DocID 37695 Document 164 of 944------ -CITE- 29 USC Sec. 201 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 201. Short title -STATUTE- This chapter may be cited as the 'Fair Labor Standards Act of 1938'. -SOURCE- (June 25, 1938, ch. 676, Sec. 1, 52 Stat. 1060.) -MISC1- SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-157, Sec. 1(a), Nov. 17, 1989, 103 Stat. 938, provided that: 'This Act (enacting section 60k of Title 2, The Congress, amending sections 203, 205 to 208, 213, 214, and 216 of this title, and enacting provisions set out as notes under sections 203 and 206 of this title) may be cited as the 'Fair Labor Standards Amendments of 1989'.' SHORT TITLE OF 1985 AMENDMENT Pub. L. 99-150, Sec. 1(a), Nov. 13, 1985, 99 Stat. 787, provided that: 'This Act (amending sections 203, 207, and 211 of this title and enacting provisions set out as notes under sections 203, 207, 215, and 216 of this title) may be cited as the 'Fair Labor Standards Amendments of 1985'.' SHORT TITLE OF 1977 AMENDMENT Pub. L. 95-151, Sec. 1(a), Nov. 1, 1977, 91 Stat. 1245, provided that: 'This Act (amending sections 203, 206, 208, 213, 214, and 216 of this title and enacting provisions set out as notes under sections 203, 204, and 213 of this title) may be cited as the 'Fair Labor Standards Amendments of 1977'.' SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-259, Sec. 1(a), Apr. 8, 1974, 88 Stat. 55, provided that: 'This Act (enacting section 633a of this title, amending sections 202 to 208, 210, 212 to 214, 216, 255, 260, 630, and 634 of this title, and enacting provisions set out as notes under sections 201, 202, 206, 207, 213, and 621 of this title) may be cited as the 'Fair Labor Standards Amendments of 1974'.' SHORT TITLE OF 1966 AMENDMENT Pub. L. 89-601, Sec. 1, Sept. 23, 1966, 80 Stat. 830, provided: 'That this Act (amending sections 203, 206, 207, 213, 214, 216, 218, and 255 of this title, and enacting provisions set out as notes under sections 207 and 214 of this title, section 1082 of former Title 5, Executive Departments and Government Officers and Employees, and section 2000e-14 of Title 42, The Public Health and Welfare) may be cited as the 'Fair Labor Standards Amendments of 1966'.' SHORT TITLE OF 1963 AMENDMENT Pub. L. 88-38, Sec. 1, June 10, 1963, 77 Stat. 56, provided: 'That this Act (amending section 206 of this title and enacting provisions set out as notes under section 206 of this title) may be cited as the 'Equal Pay Act of 1963'.' SHORT TITLE OF 1961 AMENDMENT Pub. L. 87-30, Sec. 1, May 5, 1961, 75 Stat. 65, provided: 'That this Act (amending sections 203 to 208, 212 to 214, 216, and 217 of this title and enacting provisions set out as a note under section 213 of this title) may be cited as the 'Fair Labor Standards Amendments of 1961'.' SHORT TITLE OF 1956 AMENDMENT Act Aug. 8, 1956, ch. 1035, Sec. 1, 70 Stat. 1118, provided: 'That this Act (amending sections 206, 213, and 216 of this title) may be cited as the 'American Samoa Labor Standards Amendments of 1956'.' SHORT TITLE OF 1955 AMENDMENT Act Aug. 12, 1955, ch. 867, Sec. 1, 69 Stat. 711, provided: 'That this Act (amending sections 204-206, 208, and 210 of this title and enacting provisions set out as notes under sections 204, 206, and 208 of this title) may be cited as the 'Fair Labor Standards Amendments of 1955'.' SHORT TITLE OF 1949 AMENDMENT Act Oct. 26, 1949, ch. 736, Sec. 1, 63 Stat. 910, provided: 'That this Act (enacting section 216b of this title, amending sections 202 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title) may be cited as the 'Fair Labor Standards Amendments of 1949'.' ------DocID 37696 Document 165 of 944------ -CITE- 29 USC Sec. 202 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 202. Congressional finding and declaration of policy -STATUTE- (a) The Congress finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. That Congress further finds that the employment of persons in domestic service in households affects commerce. (b) It is declared to be the policy of this chapter, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power. -SOURCE- (June 25, 1938, ch. 676, Sec. 2, 52 Stat. 1060; Oct. 26, 1949, ch. 736, Sec. 2, 63 Stat. 910; Apr. 8, 1974, Pub. L. 93-259, Sec. 7(a), 88 Stat. 62.) -MISC1- AMENDMENTS 1974 - Subsec. (a). Pub. L. 93-259 inserted finding of Congress that employment of persons in domestic service in households affects commerce. 1949 - Subsec. (b). Act Oct. 26, 1949, inserted reference to regulation of commerce with foreign nations. EFFECTIVE DATE OF 1974 AMENDMENT Section 29(a) of Pub. L. 93-259 provided that: 'Except as otherwise specifically provided, the amendments made by this Act (see Short Title of 1974 Amendment note set out under section 201 of this title) shall take effect on May 1, 1974.' EFFECTIVE DATE OF 1949 AMENDMENT Section 16(a) of act Oct. 26, 1949, provided that: 'The amendments made by this Act (enacting section 216b of this title, amending this section and sections 203 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title) shall take effect upon the expiration of ninety days from the date of its enactment (Oct. 26, 1947); except that the amendment made by section 4 (amending section 204 of this title) shall take effect on the date of its enactment (Oct. 26, 1949).' RULES, REGULATIONS, AND ORDERS WITH REGARD TO FAIR LABOR STANDARDS AMENDMENTS OF 1974 Section 29(b) of Pub. L. 93-259 provided that: 'Notwithstanding subsection (a) (set out as an Effective Date of 1974 Amendment note above), on and after the date of the enactment of this Act (Apr. 8, 1974) the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act (see Short Title of 1974 Amendment note set out under section 201 of this title).' ------DocID 37697 Document 166 of 944------ -CITE- 29 USC Sec. 203 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 203. Definitions -STATUTE- As used in this chapter - (a) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. (b) 'Commerce' means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. (c) 'State' means any State of the United States or the District of Columbia or any Territory or possession of the United States. (d) 'Employer' includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (e)(1) Except as provided in paragraphs (2), (3), and (4), the term 'employee' means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means - (A) any individual employed by the Government of the United States - (i) as a civilian in the military departments (as defined in section 102 of title 5), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the legislative or judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, or (v) in the Library of Congress; (B) any individual employed by the United States Postal Service or the Postal Rate Commission; and (C) any individual employed by a State, political subdivision of a State, or an interstate governmental agency, other than such an individual - (i) who is not subject to the civil service laws of the State, political subdivision, or agency which employes him; and (ii) who - (I) holds a public elective office of that State, political subdivision, or agency, (II) is selected by the holder of such an office to be a member of his personal staff, (III) is appointed by such an officeholder to serve on a policymaking level, (IV) is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office, or (V) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency. (3) For purposes of subsection (u) of this section, such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family. (4)(A) The term 'employee' does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if - (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency. (B) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement. (f) 'Agriculture' includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 1141j(g) of title 12), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. (g) 'Employ' includes to suffer or permit to work. (h) 'Industry' means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed. (i) 'Goods' means goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer, or processor thereof. (j) 'Produced' means produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this chapter an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any closely related process or occupation directly essential to the production thereof, in any State, (k) 'Sale' or 'sell' includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition. (l) 'Oppressive child labor' means a condition of employment under which (1) any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well-being) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor certifying that such person is above the oppressive child-labor age. The Secretary of Labor shall provide by regulation or by order that the employment of employees between the ages of fourteen and sixteen years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being. (m) 'Wage' paid to any employee includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging or other facilities are customarily furnished by such employer to his employees: Provided, That the cost of board, lodging, or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective-bargaining agreement applicable to the particular employee: Provided further, That the Secretary is authorized to determine the fair value of such board, lodging, or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of (1) 45 percent of the applicable minimum wage rate during the year beginning April 1, 1990, and (2) 50 percent of the applicable minimum wage rate after March 31, 1991, except that the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee. The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips. (n) 'Resale' shall not include the sale of goods to be used in residential or farm building construction, repair, or maintenance: Provided, That the sale is recognized as a bona fide retail sale in the industry. (o) Hours Worked. - In determining for the purposes of sections 206 and 207 of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee. (p) 'American vessel' includes any vessel which is documented or numbered under the laws of the United States. (q) 'Secretary' means the Secretary of Labor. (r)(1) 'Enterprise' means the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose, and includes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, but shall not include the related activities performed for such enterprise by an independent contractor. Within the meaning of this subsection, a retail or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which includes, but is not necessarily limited to, and agreement, (A) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (B) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (C) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact that it occupies premises leased to it by a person who also leases premises to other retail or service establishments. (2) For purposes of paragraph (1), the activities performed by any person or persons - (A) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is operated for profit or not for profit), or (B) in connection with the operation of a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), or (C) in connection with the activities of a public agency, shall be deemed to be activities performed for a business purpose. (s)(1) 'Enterprise engaged in commerce or in the production of goods for commerce' means an enterprise that - (A)(i) has employees engaged in commerce or in the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and (ii) is an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); (B) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit); or (C) is an activity of a public agency. (2) Any establishment that has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise. The sales of such an establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection. (t) 'Tipped employee' means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. (u) 'Man-day' means any day during which an employee performs any agricultural labor for not less than one hour. (v) 'Elementary school' means a day or residential school which provides elementary education, as determined under State law. (w) 'Secondary school' means a day or residential school which provides secondary education, as determined under State law. (x) 'Public agency' means the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Rate Commission), a State, or a political subdivision of a State; or any interstate governmental agency. -SOURCE- (June 25, 1938, ch. 676, Sec. 3, 52 Stat. 1060; 1946 Reorg. Plan No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, Sec. 3, 63 Stat. 911; May 5, 1961, Pub. L. 87-30, Sec. 2, 75 Stat. 65; Sept. 23, 1966, Pub. L. 89-601, title I, Sec. 101-103, title II, Sec. 215(a), 80 Stat. 830-832, 837; June 23, 1972, Pub. L. 92-318, title IX, Sec. 906(b)(2), (3), 86 Stat. 375; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(a), 13(e), 88 Stat. 58, 64; Nov. 1, 1977, Pub. L. 95-151, Sec. 3(a), (b), 9(a)-(c), 91 Stat. 1249, 1251; Nov. 13, 1985, Pub. L. 99-150, Sec. 4(a), 5, 99 Stat. 790; Nov. 17, 1989, Pub. L. 101-157, Sec. 3(a), (d), 5, 103 Stat. 938, 939, 941.) -MISC1- AMENDMENTS 1989 - Subsec. (m). Pub. L. 101-157, Sec. 5, substituted 'in excess of (1) 45 percent of the applicable minimum wage rate during the year beginning April 1, 1990, and (2) 50 percent of the applicable minimum wage rate after March 31, 1991,' for 'in excess of 40 per centum of the applicable minimum wage rate,'. Subsec. (r). Pub. L. 101-157, Sec. 3(d), designated first sentence as par. (1), made a separate sentence out of the existing proviso and redesignated cls. (1), (2), and (3) as (A), (B), and (C), respectively, designated second sentence as par. (2), in par. (2) as so designated, redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and, in subpar. (A) as so redesignated, substituted 'school is operated' for 'school is public or private or operated'. Subsec. (s). Pub. L. 101-157, Sec. 3(a), amended subsec. (s) generally, completely revising definition of 'enterprise engaged in commerce or in the production of goods for commerce'. 1985 - Subsec. (e)(1). Pub. L. 99-150, Sec. 4(a)(1), substituted 'paragraphs (2), (3), and (4)' for 'paragraphs (2) and (3)'. Subsec. (e)(2)(C)(ii). Pub. L. 99-150, Sec. 5, struck out 'or' at end of subcl. (III), struck out 'who' in subcl. (IV) before 'is an', substituted ', or' for period at end of subcl. (IV), and added subcl. (V). Subsec. (e)(4). Pub. L. 99-150, Sec. 4(a)(2), added par. (4). 1977 - Subsec. (m). Pub. L. 95-151, Sec. 3(b), substituted '45 per centum' for '50 per centum', effective Jan. 1, 1979, and '40 per centum' for '45 per centum', effective Jan. 1, 1980. Subsec. (s). Pub. L. 95-151, Sec. 9(a)-(c), in par. (1) inserted exception for enterprises comprised exclusively of retail or service establishments and described in par. (2), added par. (2), redesignated former pars. (2) to (5) as (3) to (6), respectively, and in text following par. (6), as so redesignated, inserted provisions relating to coverage of retail or service establishments subject to section 206(a)(1) of this title on June 30, 1978, and provisions relating to violations of such coverage requirements. Subsec. (t). Pub. L. 95-151, Sec. 3(a), substituted '$30' for '$20'. 1974 - Subsec. (d). Pub. L. 93-259, Sec. 6(a)(1), redefined 'employer' to include a public agency and struck out text which excluded from such term the United States or any State or political subdivision of a State (except with respect to employees of a State, or a political subdivision thereof, employed (1) in a hospital, institution, or school referred to in last sentence of subsec. (r) of this section, or (2) in the operation of a railway or carrier referred to in such sentence). Subsec. (e). Pub. L. 93-259, Sec. 6(a)(2), in revising definition of 'employee', incorporated existing introductory text in provisions designated as par. (1), inserting exception provision; added par. (2); incorporated existing cl. (1) in provisions designated as par. (3); and struck out former cl. (2) excepting from 'employee', 'any individual who is employed by an employer engaged in agriculture if such individual (A) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (B) commutes daily from his permanent residence to the farm on which he is so employed, and (C) has been engaged in agriculture less than thirteen weeks during the preceding calendar year'. Subsec. (h). Pub. L. 93-259, Sec. 6(a)(3), substituted 'other activity, or branch or group thereof' for 'branch thereof, or group of industries'. Subsec. (m). Pub. L. 93-259, Sec. 13(e), substituted in provision respecting wage of tipped employee 'the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee' for 'in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount' and inserted 'The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.' Subsec. (r)(3). Pub. L. 93-259, Sec. 6(a)(4), added par. (3). Subsec. (s). Pub. L. 93-259, Sec. 6(a)(5), in first sentence substituted preceding par. (1) 'or employees handling, selling, or otherwise working on goods or materials' for 'including employees handling, selling, or otherwise working on goods' and added par. (5), and inserted third sentence deeming employees of an enterprise which is a public agency to be employees engaged in commerce, or in production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce. Subsec. (x). Pub. L. 93-259, Sec. 6(a)(6), added subsec. (x). 1972 - Subsecs. (r)(1), (s)(4). Pub. L. 92-318, Sec. 906(b)(2), (3), inserted reference to a preschool. 1966 - Subsec. (d). Pub. L. 89-601, Sec. 102(b), expanded definition of employer to include a State or a political subdivision thereof with respect to employees in a hospital, institution, or school referred to in last sentence of subsec. (r) of this section, or in the operation of a railway or carrier referred to in such sentence. Subsec. (e). Pub. L. 89-601, Sec. 103(a), excluded from definition of 'employee,' when that term is used in definition of 'man-day,' any agricultural employee who is the parent, spouse, child, or other member of his employer's immediate family and any agricultural hand harvest laborer, paid on a piece rate basis, who commutes daily from his permanent residence to the farm on which he is so employed, and who has been employed in agriculture less than 13 weeks during the preceding calendar year. Subsec. (m). Pub. L. 89-601, Sec. 101(a), inserted provisions for determining the wage of a tipped employee. Subsec. (n). Pub. L. 89-601, Sec. 215(a), struck out provision which directed that definition of 'resale' was not applicable when 'resale' was used in subsection (s)(1) of this section. Subsec. (r). Pub. L. 89-601, Sec. 102(a), extended activities performed for a business purpose to include activities in the operation of hospitals, institutions for the sick, aged, or mentally ill or defective, schools for the handicapped, elementary and secondary schools, institutions of higher learning, or street, suburban, or interurban electric railway or local trolley or motorbus carriers if subject to regulation by a State or local agency regardless of whether public or private or whether operated for profit or not for profit. Subsec. (s). Pub. L. 89-601, Sec. 102(c), removed gross annual business level tests of $1,000,000 for retail and service enterprises, street, suburban, or interurban electric railways or local trolley or motorbus carriers, and brought within the coverage of the gross annual business test all enterprises having employees engaged in commerce in the production of goods for commerce, including employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce, lowered the minimum gross annual volume test for covered enterprises from $1,000,000 to $500,000 for the period from Feb. 1, 1967, through Jan. 31, 1969, and to $250,000 for the period after Jan. 31, 1969, retained the $250,000 annual gross volume test for coverage of gasoline service establishments, and expanded coverage to include laundering or cleaning services, construction or reconstruction activities, or operation of hospitals, certain institutions for the care of the sick, aged, or mentally ill, certain special schools, and institutions of higher learning regardless of annual gross volume. Subsec. (t). Pub. L. 89-601, Sec. 101(b), added subsec. (t). Subsec. (u). Pub. L. 89-601, Sec. 103(b), added subsec. (u). Subsecs. (v), (w). Pub. L. 89-601, Sec. 102(d), added subsecs. (v) and (w). 1961 - Subsec. (m). Pub. L. 87-30, Sec. 2(a), provided for exclusion from wages under a collective-bargaining agreement the cost of board, lodging, or other facilities and authorized the Secretary to determine the fair value of board, lodging, or other facilities for defined classes of employees in defined areas to be used in lieu of actual cost. Subsec. (n). Pub. L. 87-30, Sec. 2(b), inserted ', except as used in subsection (s)(1) of this section,'. Subsecs. (p) to (s). Pub. L. 87-30, Sec. 2(c), added subsecs. (p) to (s). 1949 - Subsec. (b). Act Oct. 26, 1949, Sec. 3(a), substituted 'between' for 'from' after 'States or', and 'and' for 'to' before 'any place'. Subsec. (j). Act Oct. 26, 1949, Sec. 3(b), inserted 'closely related' before 'process' and substituted 'directly essential' for 'necessary' after 'occupation'. Subsec. (l)(1). Act Oct. 26, 1949, Sec. 3(c), included parental employment of a child under 16 years of age in an occupation found by the Secretary of Labor to be hazardous for children between the ages of 16 and 18 years, in definition of oppressive child labor. Subsecs. (n), (o). Act Oct. 26, 1949, Sec. 3(d), added subsecs. (n) and (o). EFFECTIVE DATE OF 1989 AMENDMENT Section 3(e) of Pub. L. 101-157 provided that: 'The amendments made by this section (amending this section and section 213 of this title) shall become effective on April 1, 1990.' Section 5 of Pub. L. 101-157 provided that the amendment made by that section is effective Apr. 1, 1990. EFFECTIVE DATE OF 1985 AMENDMENT; PROMULGATION OF REGULATIONS Section 6 of Pub. L. 99-150 provided that: 'The amendments made by this Act (amending this section and sections 207 and 211 of this title and enacting provisions set out as notes under this section and sections 201, 207, 215, and 216 of this title) shall take effect April 15, 1986. The Secretary of Labor shall before such date promulgate such regulations as may be required to implement such amendments.' EFFECTIVE DATE OF 1977 AMENDMENT Section 3(a) of Pub. L. 95-151 provided that the amendment made by that section is effective Jan. 1, 1978. Section 3(b)(1) of Pub. L. 95-151 provided that the amendment made by that section, reducing the maximum percentage of the minimum wage used in determining tips as wages from 50 to 45 per centum, is effective Jan. 1, 1979. Section 3(b)(2) of Pub. L. 95-151 provided that the amendment made by that section, reducing the maximum percentage of the minimum wage used in determining tips as wages from 45 to 40 per centum, is effective Jan. 1, 1980. Section 15(a), (b) of Pub. L. 95-151 provided that: '(a) Except as provided in sections 3, 14, and subsection (b) of this section, the amendments made by this Act (amending sections 206, 208, 213, and 216 of this title and enacting provisions set out as a note under section 204 of this title) shall take effect January 1, 1978. '(b) The amendments made by sections 8, 9, 11, 12, and 13 (amending this section and sections 213 and 214 of this title) shall take effect on the date of the enactment of this Act (Nov. 1, 1977).' 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. EFFECTIVE DATE OF 1966 AMENDMENT Section 602 of Pub. L. 89-601 provided in part that: 'Except as otherwise provided in this Act, the amendments made by this Act (amending this section and sections 206, 207, 213, 214, 216, 218, and 255 of this title) shall take effect on February 1, 1967.' EFFECTIVE DATE OF 1961 AMENDMENT Section 14 of Pub. L. 87-30 provided that: 'The amendments made by this Act (amending this section and sections 204 to 208, 212 to 214, 216, and 217 of this title) shall take effect upon the expiration of one hundred and twenty days after the date of its enactment (May 5, 1961), except as otherwise provided in such amendments and except that the authority to promulgate necessary rules, regulations, or orders with regard to amendments made by this Act, under the Fair Labor Standards Act of 1938 and amendments thereto (this chapter), including amendments made by this Act, may be exercised by the Secretary on and after the date of enactment of this Act (May 5, 1961).' 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. -TRANS- TRANSFER OF FUNCTIONS In subsec. (l), 'Secretary of Labor' substituted for 'Chief of the Children's Bureau in the Department of Labor' and for 'Chief of the Children's Bureau' pursuant to Reorg. Plan No. 2 of 1946, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, set out in the Appendix to Title 5, Government Organization and Employees, which transferred functions of Children's Bureau and its Chief under sections 201 to 216 and 217 to 219 of this title to Secretary of Labor to be performed under his direction and control by such officers and employees of Department of Labor as he designates. -MISC5- PRESERVATION OF COVERAGE Section 3(b) of Pub. L. 101-157 provided that: '(1) In general. - Any enterprise that on March 31, 1990, was subject to section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) and that because of the amendment made by subsection (a) (amending this section) is not subject to such section shall - '(A) pay its employees not less than the minimum wage in effect under such section on March 31, 1990; '(B) pay its employees in accordance with section 7 of such Act (29 U.S.C. 207); and '(C) remain subject to section 12 of such Act (29 U.S.C. 212). '(2) Violations. - A violation of paragraph (1) shall be considered a violation of section 6, 7, or 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207, 212), as the case may be.' VOLUNTEERS; PROMULGATION OF REGULATIONS Section 4(b) of Pub. L. 99-150 provided that: 'Not later than March 15, 1986, the Secretary of Labor shall issue regulations to carry out paragraph (4) of section 3(e) (as amended by subsection (a) of this section) (29 U.S.C. 203(e)(4)).' PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS VOLUNTEERS PRIOR TO APRIL 15, 1986; LIABILITY Section 4(c) of Pub. L. 99-150 provided that: 'If, before April 15, 1986, the practice of a public agency was to treat certain individuals as volunteers, such individuals shall until April 15, 1986, be considered, for purposes of the Fair Labor Standards Act of 1938 (this chapter), as volunteers and not as employees. No public agency which is a State, a political subdivision of a State, or an interstate governmental agency shall be liable for a violation of section 6 (29 U.S.C. 206) occurring before April 15, 1986, with respect to services deemed by that agency to have been performed for it by an individual on a voluntary basis.' STATUS OF BAGGERS AT COMMISSARY OF MILITARY DEPARTMENT Pub. L. 95-485, title VIII, Sec. 819, Oct. 20, 1978, 92 Stat. 1626, provided that: 'Notwithstanding any other provision of law, an individual who performs bagger or carryout service for patrons of a commissary of a military department may not be considered to be an employee for purposes of the Fair Labor Standards Act of 1938 (this chapter) by virtue of such service if the sole compensation of such individual for such service is derived from tips.' ADMINISTRATIVE ACTION BY SECRETARY OF LABOR WITH REGARD TO IMPLEMENTATION OF FAIR LABOR STANDARDS AMENDMENTS OF 1977 Section 15(c) of Pub. L. 95-151 provided that: 'On and after the date of the enactment of this Act (Nov. 1, 1977), the Secretary of Labor shall take such administrative action as may be necessary for the implementation of the amendments made by this Act (See Short Title of 1977 Amendment note set out under section 201 of this title).' RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966 AMENDMENTS Section 602 of Pub. L. 89-601 provided in part that: 'On and after the date of the enactment of this Act (Sept. 23, 1966) the Secretary is authorized to promulgate necessary rules, regulations, or orders with regard to the amendments made by this Act (see Short Title of 1966 Amendment note set out under section 201 of this title).' -CROSS- CROSS REFERENCES Portal-to-Portal Act of 1947, sections 251 to 262 of this title, as affected by subsec. (o), see section 216 note of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1802, 2001 of this title; title 8 sections 1101, 1186; title 49 section 3101. ------DocID 37698 Document 167 of 944------ -CITE- 29 USC Sec. 204 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 204. Administration -STATUTE- (a) Creation of Wage and Hour Division in Department of Labor; Administrator There is created in the Department of Labor a Wage and Hour Division which shall be under the direction of an Administrator, to be known as the Administrator of the Wage and Hour Division (in this chapter referred to as the 'Administrator'). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (b) Appointment, selection, classification, and promotion of employees by Administrator The Administrator may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this chapter and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may appear for and represent the Administrator in any litigation, but all such litigation shall be subject to the direction and control of the Attorney General. In the appointment, selection, classification, and promotion of officers and employees of the Administrator, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. (c) Principal office of Administrator; jurisdiction The principal office of the Administrator shall be in the District of Columbia, but he or his duly authorized representative may exercise any or all of his powers in any place. (d) Annual report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities (1) The Secretary shall submit annually in January a report to the Congress covering his activities for the preceding year and including such information, data, and recommendations for further legislation in connection with the matters covered by this chapter as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the minimum wages and overtime coverage established by this chapter, together with his recommendations to the Congress. In making such evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the cost of living and in productivity and the level of wages in manufacturing, the ability of employers to absorb wage increases, and such other factors as he may deem pertinent. Such report shall also include a summary of the special certificates issued under section 214(b) of this title. (2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 213 of this title, and the extent to which such exemptions apply to employees of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such employees. The Secretary shall submit a report of his findings and recommendations to the Congress with respect to the studies conducted under this paragraph not later than January 1, 1976. (3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other groups as the Secretary may designate). The first report of the results of such study shall be transmitted to the Congress not later than one year after the effective date of the Fair Labor Standards Amendments of 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report shall include suggestions respecting the Secretary's authority under section 214 of this title. (e) Study of effects of foreign production on unemployment; report to President and Congress Whenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact resulted, or is in fact likely to result, from such competition, he shall make a full and complete report of his findings and determinations to the President and to the Congress: Provided, That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report. (f) Employees of Library of Congress; administration of provisions by Office of Personnel Management The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary's functions under this chapter with respect to such individuals. Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Rate Commission, or the Tennessee Valley Authority). Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages under section 216(b) of this title. -SOURCE- (June 25, 1938, ch. 676, Sec. 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736, Sec. 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, Sec. 2, 69 Stat. 711; May 5, 1961, Pub. L. 87-30, Sec. 3, 75 Stat. 66; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(b), 24(c), 27, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (b), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (d)(3), is the effective date of Pub. L. 93-259, which is May 1, 1974, except as otherwise specifically provided, see section 29(a) of Pub. L. 93-259, set out as an Effective Date of 1974 Amendment note under section 202 of this title. -COD- CODIFICATION In subsec. (a), provisions that prescribed the compensation of the Administrator were omitted to conform to the provisions of the Executive Schedule. See section 5316 of Title 5, Government Organization and Employees. In subsec. (b), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. -MISC3- AMENDMENTS 1974 - Subsec. (d)(1). Pub. L. 93-259, Sec. 24(c), 27(1), (2), inserted provision at end of subsec. (d) requiring the report to Congress to include a summary of the special certificates issued under section 214(b) of this title, designated subsec. (d) provisions as subsec. (d)(1), and required the report to contain an evaluation and appraisal of overtime coverage established by this chapter, respectively. Subsec. (d)(2), (3). Pub. L. 93-259, Sec. 27(3), added pars. (2) and (3). Subsec. (f). Pub. L. 93-259, Sec. 6(b), added subsec. (f). 1961 - Subsec. (e). Pub. L. 87-30 added subsec. (e). 1955 - Subsec. (d). Act Aug. 12, 1955, required an evaluation and appraisal by the Secretary of the minimum wages, together with his recommendations to Congress, to be included in the annual report. 1949 - Subsec. (b). Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. Subsec. (a). Act Oct. 26, 1949, increased compensation of Administrator to $15,000. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 1949 AMENDMENT Amendment by act Oct. 26, 1949, effective Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title. REPEALS Acts Oct. 26, 1949, ch. 736, Sec. 4, 63 Stat. 911, and Oct. 28, 1949, ch. 782, cited as a credit to this section, were repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (d)(1) and (f) of this section in Secretary of Labor and Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, Sec. 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. 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' in subsec. (f), pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of the Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- MINIMUM WAGE STUDY COMMISSION; ESTABLISHMENT, PURPOSES, COMPOSITION, ETC. Pub. L. 95-151, Sec. 2(e), Nov. 1, 1977, 91 Stat. 1246, provided for the establishment, purposes, composition, etc., of the Minimum Wage Study Commission, the submission of reports, with the latest report being submitted to the President and Congress thirty six months after the date of the appointment of the members of the Commission and such appointments being made within 180 days after Nov. 1, 1977, and the Commission to cease to exist thirty days after submission of the report. SECRETARY OF LABOR Section 6 of act Aug. 12, 1955, provided that: 'The term 'Secretary' as used in this Act and in amendments made by this Act (amending sections 204, 205, 206, 208, and 210 of this title) means the Secretary of Labor.' ------DocID 37699 Document 168 of 944------ -CITE- 29 USC Sec. 205 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 205. Special industry committees for American Samoa -STATUTE- (a) Establishment; residents as members of committees The Administrator shall as soon as practicable appoint a special industry committee to recommend the minimum rate or rates of wages to be paid under section 206 of this title to employees in American Samoa engaged in commerce or in the production of goods for commerce or employed in any enterprise engaged in commerce or in the production of goods for commerce or the Administrator may appoint separate industry committees to recommend the minimum rate or rates of wages to be paid under said section to employees therein engaged in commerce or in the production of goods for commerce or employed in any enterprise engaged in commerce or in the production of goods for commerce in particular industries. An industry committee appointed under this subsection shall be composed of residents of American Samoa where the employees with respect to whom such committee was appointed are employed and residents of the United States outside of American Samoa. In determining the minimum rate or rates of wages to be paid, and in determining classifications, such industry committees shall be subject to the provisions of section 208 of this title. (b) Appointment of committee without regard to other laws pertaining to the appointment and compensation of employees of the United States; composition of committees An industry committee shall be appointed by the Administrator without regard to any other provisions of law regarding the appointment and compensation of employees of the United States. It shall include a number of disinterested persons representing the public, one of whom the Administrator shall designate as chairman, a like number of persons representing employees in the industry, and a like number representing employers in the industry. In the appointment of the persons representing each group, the Administrator shall give due regard to the geographical regions in which the industry is carried on. (c) Quorum; compensation; employees Two-thirds of the members of an industry committee shall constitute a quorum, and the decision of the committee shall require a vote of not less than a majority of all its members. Members of an industry committee shall receive as compensation for their services a reasonable per diem, which the Administrator shall by rules and regulations prescribe, for each day actually spent in the work of the committee, and shall in addition be reimbursed for their necessary traveling and other expenses. The Administrator shall furnish the committee with adequate legal, stenographic, clerical, and other assistance, and shall by rules and regulations prescribe the procedure to be followed by the committee. (d) Submission of data to committees The Administrator shall submit to an industry committee from time to time such data as he may have available on the matters referred to it, and shall cause to be brought before it in connection with such matters any witnesses whom he deems material. An industry committee may summon other witnesses or call upon the Administrator to furnish additional information to aid it in its deliberations. -SOURCE- (June 25, 1938, ch. 676, Sec. 5, 52 Stat. 1062; June 26, 1940, ch. 432, Sec. 3(c), 54 Stat. 615; Oct. 26, 1949, ch. 736, Sec. 5, 63 Stat. 911; Aug. 12, 1955, ch. 867, Sec. 5(a), 69 Stat. 711; May 5, 1961, Pub. L. 87-30, Sec. 4, 75 Stat. 67; Apr. 8, 1974, Pub. L. 93-259, Sec. 5(a), 88 Stat. 56; Nov. 17, 1989, Pub. L. 101-157, Sec. 4(a), 103 Stat. 939.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-157, Sec. 4(a)(4), substituted 'American Samoa' for 'Puerto Rico and the Virgin Islands' in section catchline. Subsec. (a). Pub. L. 101-157, Sec. 4(a)(1), (2), substituted 'American Samoa engaged' for 'Puerto Rico or the Virgin Islands, or in Puerto Rico and the Virgin Islands, engaged', 'American Samoa where' for 'such island or islands where', and 'American Samoa.' for 'Puerto Rico and the Virgin Islands.' Subsec. (e). Pub. L. 101-157, Sec. 4(a)(3), struck out subsec. (e) which related to the application of sections 206 and 208 to employees in Puerto Rico or the Virgin Islands. 1974 - Subsec. (e). Pub. L. 93-259 added subsec. (e). 1961 - Subsec. (a). Pub. L. 87-30 inserted 'or employed in any enterprise engaged in commerce or in the production of goods for commerce' after 'production of goods for commerce' in two places. 1955 - Subsec. (a). Act Aug. 12, 1955, struck out provisions which subjected the Administrator to provisions of section 208 of this title in determination of minimum rates of wages and classifications. 1949 - Act Oct. 26, 1949, amended section generally, making it applicable only to Puerto Rico and the Virgin Islands. 1940 - Subsec. (e). Joint Res. June 26, 1940, added subsec. (e). 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 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. -TRANS- 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- SECRETARY OF LABOR 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 208 of this title. ------DocID 37700 Document 169 of 944------ -CITE- 29 USC Sec. 206 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 206. Minimum wage -STATUTE- (a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: (1) except as otherwise provided in this section, not less than $3.35 an hour during the period ending March 31, 1990, not less than $3.80 an hour during the year beginning April 1, 1990, and not less than $4.25 an hour after March 31, 1991; (2) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating minimum piece rates; to prescribe standards for employer piece rates, including the proportion or class of employees who shall receive not less than the minimum hourly wage rate; to define the term 'home worker'; and to prescribe the conditions under which employers, agents, contractors, and subcontractors shall cause goods to be produced by home workers; (3) if such employee is employed in American Samoa, in lieu of the rate or rates provided by this subsection or subsection (b) of this section, not less than the applicable rate established by the Secretary of Labor in accordance with recommendations of a special industry committee or committees which he shall appoint pursuant to sections 205 and 208 of this title. The minimum wage rate thus established shall not exceed the rate prescribed in paragraph (1) of this subsection; (4) if such employee is employed as a seaman on an American vessel, not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for all hours during such period when he was actually on duty (including periods aboard ship when the employee was on watch or was, at the direction of a superior officer, performing work or standing by, but not including off-duty periods which are provided pursuant to the employment agreement); or (5) if such employee is employed in agriculture, not less than the minimum wage rate in effect under paragraph (1) after December 31, 1977. (b) Additional applicability to employees pursuant to subsequent amendatory provisions Every employer shall pay to each of his employees (other than an employee to whom subsection (a)(5) of this section applies) who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this section by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966; title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or the Fair Labor Standards Amendments of 1974, wages at the following rate: Effective after December 31, 1977, not less than the minimum wage rate in effect under subsection (a)(1) of this section. (c) Employees in Puerto Rico (1) The rate or rates provided by subsection (a)(1) of this section shall be applicable in the case of any employee in Puerto Rico who is employed by - (A) the United States, (B) an establishment that is a hotel, motel or restaurant, (C) any other retail or service establishment that employs such employee primarily in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of members of clubs, or (D) any other industry in which the average hourly wage is greater than or equal to $4.65 an hour. (2) In the case of any employee in Puerto Rico who is employed in an industry in which the average hourly wage is not less than $4.00 but not more than $4.64, the minimum wage rate applicable to such employee shall be increased on April 1, 1990, and each April 1 thereafter through April 1, 1994, by equal amounts (rounded to the nearest 5 cents) so that the highest minimum wage rate prescribed in subsection (a)(1) of this section shall apply on April 1, 1994. (3) In the case of an employee in Puerto Rico who is employed in an industry in which the average hourly wage is less than $4.00, except as provided in paragraph (4), the minimum wage rate applicable to such employee shall be increased on April 1, 1990, and each April 1 thereafter through April 1, 1995, by equal amounts (rounded to the nearest 5 cents) so that the highest minimum wage rate prescribed in subsection (a)(1) of this section shall apply on April 1, 1995. (4) In the case of any employee of the Commonwealth of Puerto Rico, or a municipality or other governmental entity of the Commonwealth, in which the average hourly wage is less than $4.00 an hour and who was brought under the coverage of this section pursuant to an amendment made by the Fair Labor Standards Amendments of 1985 (Public Law 99-150), the minimum wage rate applicable to such employee shall be increased on April 1, 1990, and each April 1 thereafter through April 1, 1996, by equal amounts (rounded to the nearest 5 cents) so that the highest minimum wage rate prescribed in subsection (a)(1) of this section shall apply on April 1, 1996. (d) Prohibition of sex discrimination (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. (2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. (3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter. (4) As used in this subsection, the term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (e) Employees of employers providing contract services to United States (1) Notwithstanding the provisions of section 213 of this title (except subsections (a)(1) and (f) thereof), every employer providing any contract services (other than linen supply services) under a contract with the United States or any subcontract thereunder shall pay to each of his employees whose rate of pay is not governed by the Service Contract Act of 1965 (41 U.S.C. 351-357) or to whom subsection (a)(1) of this section is not applicable, wages at rates not less than the rates provided for in subsection (b) of this section. (2) Notwithstanding the provisions of section 213 of this title (except subsections (a)(1) and (f) thereof) and the provisions of the Service Contract Act of 1965 (41 U.S.C. 351 et seq.) every employer in an establishment providing linen supply services to the United States under a contract with the United States or any subcontract thereunder shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (b) of this section, except that if more than 50 per centum of the gross annual dollar volume of sales made or business done by such establishment is derived from providing such linen supply services under any such contracts or subcontracts, such employer shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (a)(1) of this section. (f) Employees in domestic service Any employee - (1) who in any workweek is employed in domestic service in a household shall be paid wages at a rate not less than the wage rate in effect under subsection (b) of this section unless such employee's compensation for such service would not because of section 209(a)(6) of the Social Security Act (42 U.S.C. 409(a)(6)) constitute wages for the purposes of title II of such Act (42 U.S.C. 401 et seq.), or (2) who in any workweek - (A) is employed in domestic service in one or more households, and (B) is so employed for more than 8 hours in the aggregate, shall be paid wages for such employment in such workweek at a rate not less than the wage rate in effect under subsection (b) of this section. -SOURCE- (June 25, 1938, ch. 676, Sec. 6, 52 Stat. 1062; June 26, 1940, ch. 432, Sec. 3(e), (f), 54 Stat. 616; Oct. 26, 1949, ch. 736, Sec. 6, 63 Stat. 912; Aug. 12, 1955, ch. 867, Sec. 3, 69 Stat. 711; Aug. 8, 1956, ch. 1035, Sec. 2, 70 Stat. 1118; May 5, 1961, Pub. L. 87-30, Sec. 5, 75 Stat. 67; June 10, 1963, Pub. L. 88-38, Sec. 3, 77 Stat. 56; Sept. 23, 1966, Pub. L. 89-601, title III, Sec. 301-305, 80 Stat. 838, 839, 841; Apr. 8, 1974, Pub. L. 93-259, Sec. 2-4, 5(b), 7(b)(1), 88 Stat. 55, 56, 62; Nov. 1, 1977, Pub. L. 95-151, Sec. 2(a)-(d)(2), 91 Stat. 1245, 1246; Nov. 17, 1989, Pub. L. 101-157, Sec. 2, 4(b), 103 Stat. 938, 940; Dec. 19, 1989, Pub. L. 101-239, title X, Sec. 10208(d)(2)(B)(i), 103 Stat. 2481.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Amendments of 1966, referred to in subsec. (b), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For complete classification of this Act to the Code, see Short Title of 1966 Amendment note set out under section 201 of this title and Tables. The Education Amendments of 1972, referred to in subsec. (b), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, Title IX of the Education Amendments of 1972 is classified principally to chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1001 of Title 20 and Tables. The Fair Labor Standards Amendments of 1974, referred to in subsec. (b), is Pub. L. 93-259, Apr. 8, 1974, 88 Stat. 55. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 201 of this title and Tables. The Fair Labor Standards Amendments of 1985, referred to in subsec. (c)(4), is Pub. L. 99-150, Nov. 13, 1985, 99 Stat. 787, which amended sections 203, 207, and 211 of this title and enacted provisions set out as notes under sections 203, 207, 215, and 216 of this title. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 201 of this title and Tables. The Service Contract Act of 1965, referred to in subsec. (e)(1), (2), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which is classified generally to chapter 6 (Sec. 351 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 41 and Tables. The Social Security Act, referred to in subsec. (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of such Act is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- AMENDMENTS 1989 - Subsec. (a)(1). Pub. L. 101-157, Sec. 2, amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'not less than $2.65 an hour during the year beginning January 1, 1978, not less than $2.90 an hour during the year beginning January 1, 1979, not less than $3.10 an hour during the year beginning January 1, 1980, and not less than $3.35 an hour after December 31, 1980, except as otherwise provided in this section;'. Subsec. (a)(3). Pub. L. 101-157, Sec. 4(b)(1), substituted 'pursuant to sections 205 and 208 of this title' for 'in the same manner and pursuant to the same provisions as are applicable to the special industry committees provided for Puerto Rico and the Virgin Islands by this chapter as amended from time to time. Each such committee shall have the same powers and duties and shall apply the same standards with respect to the application of the provisions of this chapter to employees employed in American Samoa as pertain to special industry committees established under section 205 of this title with respect to employees employed in Puerto Rico or the Virgin Islands'. Subsec. (c). Pub. L. 101-157, Sec. 4(b)(2), amended subsec. (c) generally, substituting provisions relating to the application of wage rates under subsec. (a)(1) to employees in Puerto Rico for provisions relating to the superseding of subsec. (a)(1) wage rates by wage orders of a special industry committee for employees in Puerto Rico and the Virgin Islands. Subsec. (f)(1). Pub. L. 101-239 substituted '209(a)(6)' for '209(g)'. 1977 - Subsec. (a)(1). Pub. L. 95-151, Sec. 2(a), substituted 'not less than $2.65 an hour during the year beginning January 1, 1978, not less than $2.90 an hour during the year beginning January 1, 1979, not less than $3.10 an hour during the year beginning January 1, 1980, and not less than $3.35 an hour after December 1, 1980' for 'not less than $2 an hour during the period ending December 31, 1974, not less than $2.10 an hour during the year beginning January 1, 1975, and not less than $2.30 an hour after December 31, 1975'. Subsec. (a)(5). Pub. L. 95-151, Sec. 2(b), substituted provisions for a minimum wage rate of not less than the minimum wage rate in effect under par. (1) after Dec. 31, 1977, for provisions for a minimum wage rate of not less than $1.60 an hour during the period ending Dec. 31, 1974, $1.80 an hour during the year beginning Jan. 1, 1975, $2 an hour during the year beginning Jan. 1, 1976, $2.20 an hour during the year beginning Jan. 1, 1977, and $2.30 an hour after Dec. 31, 1977. Subsec. (b). Pub. L. 95-151, Sec. 2(c), substituted provisions for a minimum wage rate, effective after Dec. 31, 1977, of not less than the minimum wage rate in effect under subsec. (a)(1) of this section, for provisions for a minimum wage rate of not less than $1.90 an hour during the period ending Dec. 31, 1974, not less than $2 an hour during the year beginning Jan. 1, 1975, not less than $2.20 an hour during the year beginning Jan. 1, 1976, and not less than $2.30 an hour after Dec. 31, 1976. Subsec. (c)(1). Pub. L. 95-151, Sec. 2(d)(2)(A), inserted '(A)' before 'heretofore' and cl. (B), and substituted 'subsection (a)(1)' for 'subsections (a) and (b)'. Subsec. (c)(2). Pub. L. 95-151, Sec. 2(d)(1), added par. (2). Former par. (2), relating to applicability, etc., of wage rate orders effective on the effective date of the Fair Labor Standards Amendments of 1974, and effective on the first day of the second and each subsequent year after such date, was struck out. Subsec. (c)(3). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (C), redesignated par. (5) as (3) and substituted references to subsec. (a)(1) of this section, for references to subsec. (a) or (b) of this section. Former par. (3), relating to appointment of a special industry committee for recommendations with respect to highest minimum wage rates for employees employed in Puerto Rico or the Virgin Islands subject to the amendments to this chapter by the Fair Labor Standards Amendments of 1974, was struck out. Subsec. (c)(4). Pub. L. 95-151, Sec. 2(d)(1), (2)(B), (D), redesignated par. (6) as (4) and struck out 'or (3)' after '(2)'. Former par. (4), relating to wage rates of employees in Puerto Rico or the Virgin Islands subject to the former provisions of subsec. (c)(2)(A) or (3) of this section, was struck out. Subsec. (c)(5), (6). Pub. L. 95-151, Sec. 2(d)(2)(B), redesignated pars. (5) and (6) as (3) and (4), respectively. 1974 - Subsec. (a)(1). Pub. L. 93-259, Sec. 2, substituted 'not less than $2 an hour during the period ending December 31, 1974, not less than $2.10 an hour during the year beginning January 1, 1975, and not less than $2.30 an hour after December 31, 1975' for 'not less than $1.40 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966 and not less than $1.60 an hour thereafter'. Subsec. (a)(5). Pub. L. 93-259, Sec. 4, substituted provisions for a minimum wage rate not less than: $1.60 an hour during period ending Dec. 31, 1974; $1.80, $2, and $2.20 an hour during years beginning Jan. 1, 1975, 1976, and 1977, respectively; and $2.30 an hour after Dec. 31, 1977 for former provisions for a minimum wage rate not less than $1 an hour during first year from the effective date of the Fair Labor Standards Amendments of 1966, not less than $1.15 an hour during second year from such date, and not less than $1.30 an hour thereafter. Subsec. (b). Pub. L. 93-259, Sec. 3, inserted references to 'title II of the Education Amendments of 1972' and 'Fair Labor Standards Amendments of 1974' and substituted provisions for a minimum wage rate not less than $1.90 an hour during period ending Dec. 31, 1974; $2 and $2.20 an hour during years beginning Jan. 1, 1975, and 1976, respectively; and $2.30 an hour after Dec. 31, 1976 for former provisions for a minimum wage rate not less than: $1 an hour during first year from effective date of Fair Labor Standards Amendments of 1966; $1.15, $1.30, and $1.45 an hour during second, third, and fourth years from such date; and $1.60 an hour thereafter. Subsec. (c)(2) to (6). Pub. L. 93-259, Sec. 5(b), added pars. (2) to (6) and struck out former pars. (2) to (4) which had provided: '(2) In the case of any such employee who is covered by such a wage order and to whom the rate or rates prescribed by subsection (a) of this section would otherwise apply, the following rates shall apply: '(A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1966, increased by 12 per centum, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). Such rate or rates shall become effective sixty days after the effective date of the Fair Labor Standards Amendments of 1966 or one year from the effective date of the most recent wage order applicable to such employee therefore issued by the Secretary pursuant to the recommendations of a special industry committee appointed under section 205 of this title, whichever is later. '(B) Beginning one year after the applicable effective date under paragraph (A), not less than the rate or rates prescribed by paragraph (A), increased by an amount equal to 16 per centum of the rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the Fair Labor Standards Amendments of 1966, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). '(C) Any employer, or group of employers, employing a majority of the employees in an industry in Puerto Rico or the Virgin Islands, may apply to the Secretary in writing for the appointment of a review committee to recommend the minimum rate or rates to be paid such employees in lieu of the rate or rates provided by paragraph (A) or (B). Any such application with respect to any rate or rates provided for under paragraph (A) shall be filed within sixty days following the enactment of the Fair Labor Standards Amendments of 1966 and any such application with respect to any rate or rates provided for under paragraph (B) shall be filed not more than one hundred and twenty days and not less than sixty days prior to the effective date of the applicable rate or rates under paragraph (B). The Secretary shall promptly consider such application and may appoint a review committee if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance with any applicable rate or rates prescribed by paragraph (A) or (B) will substantially curtail employment in such industry. The Secretary's decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee appointed under this paragraph shall take effect on the applicable effective date provided in paragraph (A) or (B). '(D) In the event a wage order has not been issued pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase provided by any such paragraph shall take effect on the effective date prescribed therein, except with respect to the employees of an employer who filed an application under paragraph (C) and who files with the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his employees of an amount sufficient to compensate such employees for the difference between the wages they actually receive and the wages to which they are entitled under this subsection. The Secretary shall be empowered to enforce such undertaking and any sums recovered by him shall be held on a special deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected. Any such sum not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. '(3) In the case of any such employee to whom subsection (a)(5) or subsection (b) of this section would otherwise apply, the Secretary shall within sixty days after the effective date of the Fair Labor Standards Amendments of 1966 appoint a special industry committee in accordance with section 205 of this title to recommend the highest minimum wage rate or rates in accordance with the standards prescribed by section 208 of this title, but not in excess of the applicable rate provided by subsection (a)(5) or subsection (b) of this section, to be applicable to such employee in lieu of the rate or rates prescribed by subsection (a)(5) or subsection (b) of this section, as the case may be. The rate or rates recommended by the special industry committee shall be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days after the effective date of the Fair Labor Standards Amendments of 1966. '(4) The provisions of sections 205 and 208 of this title, relating to special industry committees, shall be applicable to review committees appointed under this subsection. The appointment of a review committee shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to the provisions of subsection (a) of section 208 of this title, except that no special industry committee shall hold any hearing within one year after a minimum wage rate or rates for such industry shall have been recommended to the Secretary by a review committee to be paid in lieu of the rate or rates provided for under paragraph (A) or (B). The minimum wage rate or rates prescribed by this subsection shall be in effect only for so long as and insofar as such minimum wage rate or rates have not been superseded by a wage order fixing a higher minimum wage rate or rates (but not in excess of the applicable rate prescribed in subsection (a) or subsection (b) of this section) hereafter issued by the Secretary pursuant to the recommendation of a special industry committee.' Subsec. (f). Pub. L. 93-259, Sec. 7(b)(1), added subsec. (f). 1966 - Subsec. (a). Pub. L. 89-601, Sec. 301(a), inserted ', or is employed in an enterprise engaged in commerce or in the production of goods for commerce,' in opening provisions. Subsec. (a)(1). Pub. L. 89-601, Sec. 301(a), raised minimum wage to not less than $1.40 an hour during first year from the effective date of the Fair Labor Standards Amendments of 1966, and not less than $1.60 thereafter, except as otherwise provided in this section. Subsec. (a)(4). Pub. L. 89-601, Sec. 301(b), added par. (4). Subsec. (a)(5). Pub. L. 89-601, Sec. 302, added par. (5). Subsec. (b). Pub. L. 89-601, Sec. 303, substituted provisions for a minimum wage for employees covered for first time by the Fair Labor Standards Amendments of 1966 (other than newly covered agricultural employees) at not less than $1 an hour during first year from the effective date of the 1966 amendments, not less than $1.15 an hour during second year from such date, not less than $1.30 an hour during third year from such date, not less than $1.45 an hour during fourth year from such date, and not less than $1.60 an hour thereafter, for provisions setting a timetable for increases in the minimum wage of employees first covered by the Fair Labor Standards Amendments of 1961. Subsec. (c). Pub. L. 89-601, Sec. 304, provided for a percentage minimum wage increase for employees in Puerto Rico and the Virgin Islands who are covered by wage orders already in effect as the equivalent of the percentage increase on the mainland, provided for minimum wages for employees brought within coverage of this chapter for the first time by the Fair Labor Standards Amendments of 1966 at rates to be set by special industry committees so as to reach as rapidly as is economically feasible without substantially curtailing employment the objectives of the minimum wage prescribed for mainland employees, and eliminated the review committees that has been established by the Fair Labor Standards Amendments of 1961. Subsec. (e). Pub. L. 89-601, Sec. 305, added subsec. (e). 1963 - Subsec. (d). Pub. L. 88-38 added subsec. (d). 1961 - Subsec. (a). Pub. L. 87-30, Sec. 5(a)(1), inserted 'in any workweek' in opening provisions. Subsec. (a)(1). Pub. L. 87-30, Sec. 5(a)(2), increased minimum wage from not less than $1 an hour to not less than $1.15 an hour during first two years from the effective date of the Fair Labor Standards Amendments of 1961, and not less than $1.25 an hour thereafter. Subsec. (a)(3). Pub. L. 87-30, Sec. 5(a)(3), inserted 'in lieu of the rate or rates provided by this subsection or subsection (b) of this section' and 'as amended from time to time' and struck out 'now' before 'applicable to'. Subsec. (b). Pub. L. 87-30, Sec. 5(b), added subsec. (b). Former subsec. (b) had provided that 'This section shall take effect upon the expiration of one hundred and twenty days from June 25, 1938.' Subsec. (c). Pub. L. 87-30, Sec. 5(c), added subsec. (c). Former subsec. (c) had provided for wage orders recommended by special industrial committees and covering employees in Puerto Rico and the Virgin Islands to supersede minimum wages of $1 an hour and for continuance of wage orders in effect prior to effective date of this chapter until superseded by wage orders recommended by the special industrial committees. 1956 - Subsec. (a)(3). Act Aug. 8, 1956, added par. (3). 1955 - Subsec. (a)(1). Act Aug. 12, 1955, increased minimum wage from not less than 75 cents an hour to not less than $1 an hour. 1949 - Subsec. (a). Act Oct. 26, 1949, Sec. 6(a), (b), struck out subpars. (1), (2), (3), and (4), inserted subpar. (1) fixing the minimum wage rate at not less than 75 cents an hour, and redesignated subpar. (5) as (2). Subsec. (c). Act Oct. 26, 1949, Sec. 6(c), continued existing minimum wage rates in Puerto Rico and the Virgin Islands until superseded by special industry committee wage orders. 1940 - Subsec. (a)(5). Act June 26, 1940, added par. (5). EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by sections 2 to 4 and 7(b)(1) of 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. Section 5(b) of Pub. L. 93-259 provided that the amendment made by that section is effective Apr. 8, 1974. 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. EFFECTIVE DATE OF 1963 AMENDMENT Section 4 of Pub. L. 88-38 provided that: 'The amendments made by this Act (amending this section and enacting provisions set out as notes below) shall take effect upon the expiration of one year from the date of its enactment (June 10, 1963): Provided, That in the case of employees covered by a bona fide collective bargaining agreement in effect at least thirty days prior to the date of enactment of this Act (June 10, 1963), entered into by a labor organization as defined in section 6(d)(4) of the Fair Labor Standards Act of 1938, as amended (subsec. (d)(4) of this section), the amendments made by this Act shall take effect upon the termination of such collective bargaining agreement or upon the expiration of two years from the date of enactment of this Act (June 10, 1963), whichever shall first occur.' EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 1955 AMENDMENT Section 3 of act Aug. 12, 1955, provided that the amendment made by that section is effective Mar. 1, 1956. 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. -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration 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, Sec. 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- TRAINING WAGE Section 6 of Pub. L. 101-157 provided that: '(a) In General. - '(1) Authority. - Any employer may, in lieu of the minimum wage prescribed by section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), pay an eligible employee the wage prescribed by paragraph (2) - '(A) while such employee is employed for the period authorized by subsection (g)(1)(B)(i), or '(B) while such employee is engaged in on-the-job training for the period authorized by subsection (g)(1)(B)(ii). '(2) Wage rate. - The wage referred to in paragraph (1) shall be a wage - '(A) of not less than $3.35 an hour during the year beginning April 1, 1990; and '(B) beginning April 1, 1991, of not less than $3.35 an hour or 85 percent of the wage prescribed by section 6 of such Act, whichever is greater. '(b) Wage Period. - An employer may pay an eligible employee the wage authorized by subsection (a) for a period that - '(1) begins on or after April 1, 1990; '(2) does not exceed the maximum period during which an employee may be paid such wage as determined under subsection (g)(1)(B); and '(3) ends before April 1, 1993. '(c) Wage Conditions. - No eligible employee may be paid the wage authorized by subsection (a) by an employer if - '(1) any other individual has been laid off by such employer from the position to be filled by such eligible employee or from any substantially equivalent position; or '(2) such employer has terminated the employment of any regular employee or otherwise reduced the number of employees with the intention of filling the vacancy so created by hiring an employee to be paid such wage. '(d) Limitations. - '(1) Employee hours. - During any month in which employees are to be employed in an establishment under this section, the proportion of employee hours of employment to the total hours of employment of all employees in such establishment may not exceed a proportion equal to one-fourth of the total hours of employment of all employees in such establishment. '(2) Displacement. - '(A) Prohibition. - No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in subsection (a). '(B) Disqualification. - If the Secretary determines that an employer has taken an action in violation of subparagraph (A), the Secretary shall issue an order disqualifying such employer from employing any individual at such wage. '(e) Notice. - Each employer shall provide to any eligible employee who is to be paid the wage authorized by subsection (a) a written notice before the employee begins employment stating the requirements of this section and the remedies provided by subsection (f) for violations of this section. The Secretary shall provide to employers the text of the notice to be provided under this subsection. '(f) Enforcement. - Any employer who violates this section shall be considered to have violated section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)). Sections 16 and 17 of such Act (29 U.S.C. 216 and 217) shall apply with respect to the violation. '(g) Definitions. - For purposes of this section: '(1) Eligible employee. - '(A) In general. - The term 'eligible employee' means with respect to an employer an individual who - '(i) is not a migrant agricultural worker or a seasonal agricultural worker (as defined in paragraphs (8) and (10) of section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802(8) and (10)) without regard to subparagraph (B) of such paragraphs and is not a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)); '(ii) has not attained the age of 20 years; and '(iii) is eligible to be paid the wage authorized by subsection (a) as determined under subparagraph (B). '(B) Duration. - '(i) An employee shall initially be eligible to be paid the wage authorized by subsection (a) until the employee has been employed a cumulative total of 90 days at such wage. '(ii) An employee who has been employed by an employer at the wage authorized by subsection (a) for the period authorized by clause (i) may be employed by any other employer for an additional 90 days if the employer meets the requirements of subsection (h). '(iii) The total period, as authorized by clauses (i) and (ii), that an employee may be paid the wage authorized by subsection (a) may not exceed 180 days. '(iv) For purposes of this subparagraph, the term 'employer' means with respect to an employee an employer who is required to withhold payroll taxes for such employee. '(C) Proof. - '(i) In general. - An individual is responsible for providing the requisite proof of previous period or periods of employment with other employers. An employer's good faith reliance on the proof presented to the employer by an individual shall constitute a complete defense to a charge that the employer has violated subsection (b)(2) with respect to such individual. '(ii) Regulations. - The Secretary of Labor shall issue regulations defining the requisite proof required of an individual. Such regulations shall establish minimal requirements for requisite proof and may prescribe that an accurate list of the individual's employers and a statement of the dates and duration of employment with each employer constitute requisite proof. '(2) On-the-job training. - The term 'on-the-job training' means training that is offered to an individual while employed in productive work that provides training, technical and other related skills, and personal skills that are essential to the full and adequate performance of such employment. '(h) Employer Requirements. - An employer who wants to employ employees at the wage authorized by subsection (a) for the period authorized by subsection (g)(1)(B)(ii) shall - '(1) notify the Secretary annually of the positions at which such employees are to be employed at such wage, '(2) provide on-the-job training to such employees which meets general criteria of the Secretary issued by regulation after consultation with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives and other interested persons, '(3) keep on file a copy of the training program which the employer will provide such employees, '(4) provide a copy of the training program to the employees, '(5) post in a conspicuous place in places of employment a notice of the types of jobs for which the employer is providing on-the-job training, and '(6) send to the Secretary on an annual basis a copy of such notice. The Secretary shall make available to the public upon request notices provided to the Secretary by employers in accordance with paragraph (6). '(i) Report. - The Secretary of Labor shall report to Congress not later than March 1, 1993, on the effectiveness of the wage authorized by subsection (a). The report shall include - '(1) an analysis of the impact of such wage on employment opportunities for inexperienced workers; '(2) any reduction in employment opportunities for experienced workers resulting from the employment of employees under such wage; '(3) the nature and duration of the training provided under such wage; and '(4) the degree to which employers used the authority to pay such wage.' PRACTICE OF PUBLIC AGENCY IN TREATING CERTAIN INDIVIDUALS AS VOLUNTEERS PRIOR TO APRIL 15, 1986; LIABILITY Certain public agencies not to be liable for violations of this section occurring before Apr. 15, 1986, with respect to services deemed by that agency to have been performed for it by an individual on a voluntary basis, see section 4(c) of Pub. L. 99-150, set out as a note under section 203 of this title. EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT POLICY 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. INAPPLICABILITY TO NORTHERN MARIANA ISLANDS Pursuant to section 503(c) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands with the United States of America, as set forth in Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, set out as a note under section 1681 of Title 48, Territories and Insular Possessions, this section is inapplicable to the Northern Mariana Islands. 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 enactment 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. CONGRESSIONAL FINDING AND DECLARATION OF POLICY Section 2 of Pub. L. 88-38 provided that: '(a) The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex - '(1) depresses wages and living standards for employees necessary for their health and efficiency; '(2) prevents the maximum utilization of the available labor resources; '(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; '(4) burdens commerce and the free flow of goods in commerce; and '(5) constitutes an unfair method of competition. '(b) It is hereby declared to be the policy of this Act (amending this section, and enacting provisions set out as notes under this section), through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the conditions above referred to in such industries.' SECRETARY OF LABOR 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. -CROSS- CROSS REFERENCES Action by employee to recover unpaid minimum wages and liquidated damages, see section 216 of this title. Employees performing services within foreign country or certain territory under jurisdiction of United States as not subject to provisions of this section, see section 213 of this title. Hours worked defined, see section 203 of this title. Minimum wages for employees covered by Walsh-Healey Act, see section 35 of Title 41, Public Contracts. Minimum wages of employees of Government contractors prescribed by Davis-Bacon Act, see section 276a of Title 40, Public Buildings, Property, and Works. Overtime pay, see section 207 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 203, 205, 207, 208, 213, 214, 215, 216, 218, 1552 of this title; title 2 section 60k; title 5 sections 2302, 5343, 5349, 7702; title 7 sections 2015, 2026; title 15 section 1673; title 20 sections 1077, 1078, 1087dd; title 21 section 849; title 22 section 2506, 3905, 3967, 3968, 3969; title 38 sections 620, 1685; title 41 section 351; title 42 sections 300e-9, 431, 1437t, 2000e-2, 2753, 3056, 8009, 8011, 9848. ------DocID 37701 Document 170 of 944------ -CITE- 29 USC Sec. 207 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 207. Maximum hours -STATUTE- (a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966 - (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, (B) for a workweek longer than forty-two hours during the second year from such date, or (C) for a workweek longer than forty hours after the expiration of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed - (1) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand and forty hours during any period of twenty-six consecutive weeks; or (2) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that during a specified period of fifty-two consecutive weeks the employee shall be employed not more than two thousand two hundred and forty hours and shall be guaranteed not less than one thousand eight hundred and forty-hours (or not less than forty-six weeks at the normal number of hours worked per week, but not less than thirty hours per week) and not more than two thousand and eighty hours of employment for which he shall receive compensation for all hours guaranteed or worked at rates not less than those applicable under the agreement to the work performed and for all hours in excess of the guaranty which are also in excess of the maximum workweek applicable to such employee under subsection (a) of this section or two thousand and eighty in such period at rates not less than one and one-half times the regular rate at which he is employed; or (3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if - (A) the annual gross volume of sales of such enterprise is less than $1,000,000 exclusive of excise taxes, (B) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and (C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale, and such employee receives compensation for employment in excess of forty hours in any workweek at a rate not less than one and one-half times the minimum wage rate applicable to him under section 206 of this title, and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. (c), (d) Repealed. Pub. L. 93-259, Sec. 19(e), Apr. 8, 1974, 88 Stat. 66 (e) 'Regular rate' defined As used in this section the 'regular rate' at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee, but shall not be deemed to include - (1) sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency; (2) payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment; (3) Sums (FOOTNOTE 1) paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement, or promise causing the employee to expect such payments regularly; or (b) the payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the Administrator set forth in appropriate regulations which he shall issue, having due regard among other relevant factors, to the extent to which the amounts paid to the employee are determined without regard to hours of work, production, or efficiency; or (c) the payments are talent fees (as such talent fees are defined and delimited by regulations of the Administrator) paid to performers, including announcers, on radio and television programs; (FOOTNOTE 1) So in original. Probably should not be capitalized. (4) contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for employees; (5) extra compensation provided by a premium rate paid for certain hours worked by the employee in any day of workweek because such hours are hours worked in excess of eight in a day or in excess of the maximum workweek applicable to such employee under subsection (a) of this section or in excess of the employee's normal working hours or regular working hours, as the case may be; (6) extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the workweek, where such premium rate is not less than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days; or (7) extra compensation provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or collective-bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal, or regular workday (not exceeding eight hours) or workweek (not exceeding the maximum workweek applicable to such employee under subsection (a) of this section, (FOOTNOTE 2) where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or workweek. (FOOTNOTE 2) So in original. The comma probably should be preceded by a closing parenthesis. (f) Employment necessitating irregular hours of work No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under subsection (a) of this section if such employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees, if the duties of such employee necessitate irregular hours of work, and the contract or agreement (1) specifies a regular rate of pay of not less than the minimum hourly rate provided in subsection (a) or (b) of section 206 of this title (whichever may be applicable) and compensation at not less than one and one-half times such rate for all hours worked in excess of such maximum workweek, and (2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified. (g) Employment at piece rates No employer shall be deemed to have violated subsection (a) of this section by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under such subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection - (1) in the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half times the bona fide piece rates applicable to the same work when performed during nonovertime hours; or (2) in the case of an employee performing two or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than one and one-half times such bona fide rates applicable to the same work when performed during nonovertime hours; or (3) is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder: Provided, That the rate so established shall be authorized by regulation by the Administrator as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; and if (i) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of subsection (e) of this section are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate. (h) Extra compensation creditable toward overtime compensation Extra compensation paid as described in paragraphs (5), (6), and (7) of subsection (e) of this section shall be creditable toward overtime compensation payable pursuant to this section. (i) Employment by retail or service establishment No employer shall be deemed to have violated subsection (a) of this section by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. (j) Employment in hospital or establishment engaged in care of sick, aged, or mentally ill No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) of this section if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. (k) Employment by public agency engaged in fire protection or law enforcement activities No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if - (1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or (2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed. (l) Employment in domestic service in one or more households No employer shall employ any employee in domestic service in one or more households for a workweek longer than forty hours unless such employee receives compensation for such employment in accordance with subsection (a) of this section. (m) Employment in tobacco industry For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) of this section without paying the compensation for overtime employment prescribed in such subsection, if such employee - (1) is employed by such employer - (A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, or 37 (as such types are defined by the Secretary of Agriculture), or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco, (B) in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the Secretary of Agriculture), or (C) in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the Secretary of Agriculture); and (2) receives for - (A) such employment by such employer which is in excess of ten hours in any workday, and (B) such employment by such employer which is in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. An employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section. (n) Employment by street, suburban, or interurban electric railway, or local trolley or motorbus carrier In the case of an employee of an employer engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) of this section applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. (o) Compensatory time (1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in accordance with this subsection and in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. (2) A public agency may provide compensatory time under paragraph (1) only - (A) pursuant to - (i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employees; or (ii) in the case of employees not covered by subclause (i), an agreement or understanding arrived at between the employer and employee before the performance of the work; and (B) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (3). In the case of employees described in clause (A)(ii) hired prior to April 15, 1986, the regular practice in effect on April 15, 1986, with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision of compensatory time off to such employees for hours worked after April 14, 1986, shall be in accordance with this subsection. (3)(A) If the work of an employee for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. (B) If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. (4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than - (A) the average regular rate received by such employee during the last 3 years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher (FOOTNOTE 3) (FOOTNOTE 3) So in original. Probably should be followed by a period. (5) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency - (A) who has accrued compensatory time off authorized to be provided under paragraph (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency. (6) For purposes of this subsection - (A) the term 'overtime compensation' means the compensation required by subsection (a), and (B) the terms 'compensatory time' and 'compensatory time off' mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. (p) Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution (1) If an individual who is employed by a State, political subdivision of a State, or an interstate governmental agency in fire protection or law enforcement activities (including activities of security personnel in correctional institutions) and who, solely at such individual's option, agrees to be employed on a special detail by a separate or independent employer in fire protection, law enforcement, or related activities, the hours such individual was employed by such separate and independent employer shall be excluded by the public agency employing such individual in the calculation of the hours for which the employee is entitled to overtime compensation under this section if the public agency - (A) requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent employer to perform the special detail, (B) facilitates the employment of such employees by a separate and independent employer, or (C) otherwise affects the condition of employment of such employees by a separate and independent employer. (2) If an employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency undertakes, on an occasional or sporadic basis and solely at the employee's option, part-time employment for the public agency which is in a different capacity from any capacity in which the employee is regularly employed with the public agency, the hours such employee was employed in performing the different employment shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section. (3) If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section. (q) Maximum hour exemption for employees receiving remedial education Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) of this section without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is - (1) provided to employees who lack a high school diploma or educational attainment at the eighth grade level; (2) designed to provide reading and other basic skills at an eighth grade level or below; and (3) does not include job specific training. -SOURCE- (June 25, 1938, ch. 676, Sec. 7, 52 Stat. 1063; Oct. 29, 1941, ch. 461, 55 Stat. 756; July 20, 1949, ch. 352, Sec. 1, 63 Stat. 446; Oct. 26, 1949, ch. 736, Sec. 7, 63 Stat. 912; May 5, 1961, Pub. L. 87-30, Sec. 6, 75 Stat. 69; Sept. 23, 1966, Pub. L. 89-601, title II, Sec. 204(c), (d), 212(b), title IV, Sec. 401-403, 80 Stat. 835-837, 841, 842; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(c)(1), 7(b)(2), 9(a), 12(b), 19, 21(a), 88 Stat. 60, 62, 64, 66, 68; Nov. 13, 1985, Pub. L. 99-150, Sec. 2(a), 3(a)-(c)(1), 99 Stat. 787, 789; Nov. 17, 1989, Pub. L. 101-157, Sec. 7, 103 Stat. 944.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Amendments of 1966, referred to in subsec. (a)(2), is Pub. L. 89-601, Sept. 23, 1966, 80 Stat. 830. For complete classification of this Act to the Code, see Short Title of 1966 Amendment note set out under section 201 of this title and Tables. The effective date of the Fair Labor Standards Amendments of 1966, referred to in subsec. (a)(2)(A), means the effective date of Pub. L. 89-601, which is Feb. 1, 1967 except as otherwise provided, see section 602 of Pub. L. 89-601, set out as an Effective Date of 1966 Amendment note under section 203 of this title. Section 6(c)(3) of the Fair Labor Standards Amendments of 1974, referred to in subsec. (k)(1), is Pub. L. 93-259, Sec. 6(c)(3), Apr. 8, 1974, 88 Stat. 61, which is set out as a note under section 213 of this title. -MISC2- AMENDMENTS 1989 - Subsec. (q). Pub. L. 101-157 added subsec. (q). 1985 - Subsec. (o). Pub. L. 99-150, Sec. 2(a), added subsec. (o). Subsec. (p). Pub. L. 99-150, Sec. 3(a)-(c)(1), added subsec. (p). 1974 - Subsec. (c). Pub. L. 93-259, Sec. 19(a), (b), substituted 'seven workweeks' for 'ten workweeks', 'ten workweeks' for 'fourteen workweeks' and 'forty-eight hours' for 'fifty hours' effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted 'five workweeks' for 'seven workweeks' and 'seven workweeks' for 'ten workweeks' effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted 'three workweeks' for 'five workweeks' and 'five workweeks' for 'seven workweeks' effective Jan. 1, 1976. Pub. L. 93-259, Sec. 19(e), repealed subsec. (c) effective Dec. 31, 1976. Subsec. (d). Pub. L. 93-259, Sec. 19(a), (b), substituted 'seven workweeks' for 'ten workweeks', 'ten workweeks' for 'fourteen workweeks' and 'forty-eight hours' for 'fifty hours' effective May 1, 1974. Pub. L. 93-259, Sec. 19(c), substituted 'five workweeks' for 'seven workweeks' and 'seven workweeks' for 'ten workweeks' effective Jan. 1, 1975. Pub. L. 93-259, Sec. 19(d), substituted 'three workweeks' for 'five workweeks' and 'five workweeks' for 'seven workweeks' effective Jan. 1, 1976. Pub. L. 93-259, Sec. 19(e), repealed subsec. (d) effective Dec. 31, 1976. Subsec. (j). Pub. L. 93-259, Sec. 12(b), extended provision excepting from being considered a subsec. (a) violation agreements or undertakings between employers and employees respecting consecutive work period and overtime compensation to agreements between employers engaged in operation of an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises and employees respecting consecutive work period and overtime compensation. Subsec. (k). Pub. L. 93-259, Sec. 6(c)(1)(D), effective Jan. 1, 1978, substituted in par. (1) 'exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975' for 'exceed 216 hours' and inserted in par. (2) '(or if lower, the number of hours referred to in clause (B) of paragraph (1)'. Pub. L. 93-259, Sec. 6(c)(1)(C), substituted '216 hours' for '232 hours', wherever appearing, effective Jan. 1, 1977. Pub. L. 93-259, Sec. 6(c)(1)(B), substituted '232 hours' for '240 hours', wherever appearing, effective Jan. 1, 1976. Pub. L. 93-259, Sec. 6(c)(1)(A), added subsec. (k), effective Jan. 1, 1975. Subsec. (l). Pub. L. 93-259, Sec. 7(b)(2), added subsec. (l). Subsec. (m). Pub. L. 93-259, Sec. 9(a), added subsec. (m). Subsec. (n). Pub. L. 93-259, Sec. 21(a), added subsec. (n). 1966 - Subsec. (a). Pub. L. 89-601, Sec. 401, retained provision for 40-hour workweek and compensation for employment in excess of 40 hours at not less than one and one-half times the regular rate of pay and substituted provisions setting out a phased timetable for the workweek in the case of employees covered by the overtime provisions for the first time under the Fair Labor Standards Amendments of 1966 beginning at 44 hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, 42 hours during the second year from such date, and 40 hours after the expiration of the second year from such date, for provisions giving a phased timetable for workweeks in the case of employees first covered under the provisions of the Fair Labor Standards Amendments of 1961. Subsec. (b)(3). Pub. L. 89-601, Sec. 212(b), substituted provisions granting an overtime exemption for petroleum distribution employees if they receive compensation for the hours of employment in excess of 40 hours in any workweek at a rate not less than one and one-half times the applicable minimum wage rate and if the enterprises do an annual gross sales volume of less than $1,000,000, if more than 75 per centum of such enterprise's annual dollar volume of sales is made within the state in which the enterprise is located, and not more than 25 per centum of the annual dollar volume is to customers who are engaged in the bulk distribution of such products for resale for provisions covering employees for a period of not more than 14 workweeks in the aggregate in any calendar year in an industry found to be of a seasonal nature. Subsec. (c). Pub. L. 89-601, Sec. 204(c), substituted provisions for an overtime exemption of 10 weeks in any calendar year or 14 weeks in the case of an employer not qualifying for the exemption in subsec. (d) of this section, limited to 10 hours a day and 50 hours a week, applicable to employees employed in seasonal industries which are not engaged in agricultural processing, for provisions granting a year-round unlimited exemption applicable to employees of employers engaged in first processing of milk into dairy products, cotton compressing and ginning, cottonseed processing, and the processing of certain farm products into sugar, and granting a 14-week unlimited exemption applicable to employees of employers engaged in first processing of perishable or seasonal fresh fruits or vegetables first processing within the area of production of any agricultural commodity during a seasonal operation, or the handling or slaughtering of livestock and poultry. Subsec. (d). Pub. L. 89-601, Sec. 204(c), added subsec. (d). Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 89-601, Sec. 204(d)(1), redesignated former subsecs. (d) and (e) as (e) and (f) respectively. Former subsec. (f) redesignated (g). Subsecs. (g), (h). Pub. L. 89-601, Sec. 204(d)(1), (2), redesignated former subsecs. (f) and (g) as subsecs. (g) and (h) respectively, and in subsecs. (g) and (h) as so redesignated, substituted reference to 'subsection (e)' for reference to 'subsection (d).' Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 89-601, Sec. 204(d)(1), 402, redesignated former subsec. (h) as (i) and inserted provision that, in determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. Subsec. (j). Pub. L. 89-601, Sec. 403, added subsec. (j). 1961 - Subsec. (a). Pub. L. 87-30, Sec. 6(a), designated existing provisions as par. (1), inserted 'in any workweek', and added par. (2). Subsec. (b)(2). Pub. L. 87-30, Sec. 6(b), substituted 'in excess of the maximum workweek applicable to such employee under subsection (a) of this section' for 'in excess of forty hours in the workweek'. Subsec. (d)(5), (7). Pub. L. 87-30, Sec. 6(c), (d), substituted 'in excess of the maximum workweek applicable to such employee under subsection (a) of this section' for 'forty in a workweek' in par. (5) and 'the maximum workweek applicable to such employee under subsection (a) of this section' for 'forty hours' in par. (7). Subsec. (e). Pub. L. 87-30, Sec. 6(e), substituted 'the maximum workweek applicable to such employee under subsection (a) of this section', 'subsection (a) or (b) of section 206 of this title (whichever may be applicable' and 'such maximum' for 'forty hours', 'section 206(a) of this title' and 'forty in any', respectively. Subsec. (f). Pub. L. 87-30, Sec. 6(f), substituted 'the maximum workweek applicable to such employee under subsection' for 'forty hours' in two places. Subsec. (h). Pub. L. 87-30, Sec. 6(g), added subsec. (h). 1949 - Subsec. (a). Act Oct. 26, 1949, continued requirement that employment in excess of 40 hours in a workweek be compensated at rate not less than 1 1/2 times regular rate except as to employees specifically exempted. Subsec. (b)(1). Act Oct. 26, 1949, increased employment period limitation from one thousand hours to one thousand and forty hours in semi-annual agreements. Subsec. (b)(2). Act Oct. 26, 1949, increased employment period limitation from two thousand and eighty hours to two thousand two hundred and forty hours in annual agreements, fixed minimum and maximum guaranteed employment periods, and provided for overtime rate for hours worked in excess of the guaranty. Subsec. (c). Act Oct. 26, 1949, added buttermilk to commodities listed for first processing. Subsec. (d). Act Oct. 26, 1949, struck out former subsec. (d) and inserted a new subsec. (d) defining regular rate with certain specified types of payments excepted. Subsec. (e) added by act July 20, 1949, and amended by act Oct. 26, 1949, which determined compensation to be paid for irregular hours of work. Subsecs. (f) and (g). Act Oct. 26, 1949, added subsecs. (f) and (g). 1941 - Subsec. (b)(2) amended by act Oct. 29, 1941. 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 1974 AMENDMENT Section 6(c)(1)(A)-(D) of Pub. L. 93-259 provided that the amendments made by that section are effective Jan. 1, 1975, 1976, 1977, and 1978, respectively. Amendment by sections 7(b)(2), 9(a), 12(b), 19(a), (b), and 21(a) of 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. Section 19(c)-(e) of Pub. L. 93-259 provided that the amendments and repeals made by that section are effective Jan. 1, 1975, Jan. 1, 1976, and Dec. 31, 1976, respectively. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 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. -TRANS- 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- COMPENSATORY TIME; COLLECTIVE BARGAINING AGREEMENTS IN EFFECT ON APRIL 15, 1986 Section 2(b) of Pub. L. 99-150 provided that: 'A collective bargaining agreement which is in effect on April 15, 1986, and which permits compensatory time off in lieu of overtime compensation shall remain in effect until its expiration date unless otherwise 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 Section 2(c)(2) of Pub. L. 99-150 provided that: 'A State, political subdivision of a State, or interstate governmental agency may defer until August 1, 1986, the payment of monetary overtime compensation under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) for hours worked after April 14, 1986.' EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT POLICY 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 enactment 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, Sec. 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 instructed him to report to the Congress by July 1, 1967, the findings of such survey with appropriate recommendations. -EXEC- 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 Constitution 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. -CROSS- CROSS REFERENCES Action by employee to recover unpaid overtime compensation and liquidated damages, see section 216 of this title. American Samoa employees not subject to provisions of this section, see section 213 of this title. Employees performing services within foreign country or certain territory under jurisdiction of United States as not subject to provisions of this section, see section 213 of this title. Forty-hour workweek for employees covered by Walsh-Healey Act, see section 35 of Title 41, Public Contracts. Hours of labor on public works, see section 327 et seq. of Title 40, Public Buildings, Property, and Works. Hours worked defined, see section 203 of this title. Liability for overtime work performed prior to July 20, 1949, see section 216b of this title. Preliminary and post-liminary activities not compensable, see section 254 of this title. Rate of overtime for employees covered by Walsh-Healey Act, see section 40 of Title 41, Public Contracts. Walsh-Healey Act inapplicable to employees entering into agreements with employees under paragraphs 1 or 2 of subsection (b) of this section, see section 35 of Title 41. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 203, 211, 213, 214, 215, 216, 216b, 218 of this title; title 5 sections 5542, 5543, 5544, 6123, 6128; title 41 sections 35, 355. ------DocID 37702 Document 171 of 944------ -CITE- 29 USC Sec. 208 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 208. Wage orders in American Samoa -STATUTE- (a) Congressional policy; recommendation of wage rate by industry committee The policy of this chapter with respect to industries or enterprises in American Samoa engaged in commerce or in the production of goods for commerce is to reach as rapidly as is economically feasible without substantially curtailing employment the objective of the minimum wage rate which would apply in each such industry under paragraph (1) or (5) of section 206(a) of this title but for section 206(c) of this title. The Administrator shall from time to time convene an industry committee or committees, appointed pursuant to section 205 of this title, and any such industry committee shall from time to time recommend the minimum rate or rates of wages to be paid under section 206 of this title by employers in American Samoa engaged in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce in any such industry or classifications therein, and who but for section 206(a)(3) of this title would be subject to the minimum wage requirements of section 206(a)(1) of this title. Minimum rates of wages established in accordance with this section which are not equal to the otherwise applicable minimum wage rate in effect under paragraph (1) or (5) of section 206(a) of this title shall be reviewed by such a Committee once during each biennial period, beginning with the biennial period commencing July 1, 1958, except that the Secretary, in his discretion, may order an additional review during any such biennial period. (b) Investigation of industry condition by industry committee; matters considered Upon the convening of any such industry committee, the Administrator shall refer to it the question of the minimum wage rate or rates to be fixed for such industry. The industry committee shall investigate conditions in the industry and the committee, or any authorized subcommittee thereof, shall after due notice hear such witnesses and receive such evidence as may be necessary or appropriate to enable the committee to perform its duties and functions under this chapter. The committee shall recommend to the Administrator the highest minimum wage rates for the industry which it determines, having due regard to economic and competitive conditions, will not substantially curtail employment in the industry, and will not give any industry in American Samoa a competitive advantage over any industry in the United States outside of American Samoa; except that the committee shall recommend to the Secretary the minimum wage rate prescribed in section 206(a) or 206(b) of this title, which would be applicable but for section 206(a)(3) of this title, unless there is evidence in the record which establishes that the industry, or a predominant portion thereof, is unable to pay that wage due to such economic and competitive conditions. (c) Classifications within industry; recommendation of wage rate The industry committee shall recommend such reasonable classifications within any industry as it determines to be necessary for the purpose of fixing for each classification within such industry the highest minimum wage rate (not in excess of that in effect under paragraph (1) or (5) of section 206(a) of this title (as the case may be)) which (1) will not substantially curtail employment in such classification and (2) will not give a competitive advantage to any group in the industry, and shall recommend for each classification in the industry the highest minimum wage rate which the committee determines will not substantially curtail employment in such classification. In determining whether such classification should be made in any industry, in making such classifications, and in determining the minimum wage rates for such classifications, no classifications shall be made, and no minimum wage rate shall be fixed, solely on a regional basis, but the industry committee shall consider among other relevant factors the following: (1) competitive conditions as affected by transportation, living, and production costs; (2) the wages established for work of like or comparable character by collective labor agreements negotiated between employers and employees by representatives of their own choosing; and (3) the wages paid for work of like or comparable character by employers who voluntarily maintain minimum wage standards in the industry. No classification shall be made under this section on the basis of age or sex. (d) Report by industry committee; publication in Federal Register The industry committee shall file with the Secretary a report containing its findings of fact and recommendations with respect to the matters referred to it. Upon the filing of such report, the Secretary shall publish such recommendations in the Federal Register and shall provide by order that the recommendations contained in such report shall take effect upon the expiration of 15 days after the date of such publication. (e) Orders Orders issued under this section shall define the industries and classifications therein to which they are to apply, and shall contain such terms and conditions as the Administrator finds necessary to carry out the purposes of such orders, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage rates established therein. (f) Due notice of hearings by publication in Federal Register Due notice of any hearing provided for in this section shall be given by publication in the Federal Register and by such other means as the Administrator deems reasonably calculated to give general notice to interested persons. -SOURCE- (June 25, 1938, ch. 676, Sec. 8, 52 Stat. 1064; Oct. 26, 1949, ch. 736, Sec. 8, 63 Stat. 915; Aug. 12, 1955, ch. 867, Sec. 4, 5(b)-(e), 69 Stat. 711, 712; Aug. 25, 1958, Pub. L. 85-750, 72 Stat. 844; May 5, 1961, Pub. L. 87-30, Sec. 7, 75 Stat. 70; Apr. 8, 1974, Pub. L. 93-259, Sec. 5(c)(1), (d), 88 Stat. 58; Nov. 1, 1977, Pub. L. 95-151, Sec. 2(d)(3), 91 Stat. 1246; Nov. 17, 1989, Pub. L. 101-157, Sec. 4(c), 103 Stat. 940; Nov. 15, 1990, Pub. L. 101-583, Sec. 1, 104 Stat. 2871.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-583, which directed the substitution of 'unless there is evidence in the record which establishes that the industry, or a predominant portion thereof, is unable to pay that wage due to such economic and competitive conditions' for 'unless there is substantial documentary evidence, including pertinent unabridged profit and loss statements and balance sheets for a representative period of years or in the case of employees of public agencies other appropriate information, in the record which establishes that the industry, or a predominant portion thereof, is unable to pay that wage' in 'section 8(b) (29 U.S.C. 208(b))', was executed by making the substitution in section 8(b) of the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, which is classified to subsec. (b) of this section, to reflect the probable intent of Congress. 1989 - Pub. L. 101-157, Sec. 4(c)(5), substituted 'American Samoa' for 'Puerto Rico and the Virgin Islands' in section catchline. Subsec. (a). Pub. L. 101-157, Sec. 4(c), substituted 'American Samoa engaged' for 'Puerto Rico and the Virgin Islands engaged', struck out 'The Secretary shall, from time to time, convene an industry committee or committees, appointed pursuant to section 205 of this title, and any such industry committee - '(1) shall, from time to time, recommend the minimum wage rates to be paid by employers who are in Puerto Rico, in the Virgin Islands, or in both places and who but for section 206(c) of this title would be subject to the minimum wage requirements of section 206(a)(1) of this title, and '(2) may, from time to time, recommend increases in the incremental increases authorized by section 206(c)(2) of this title.' after 'section 206(c) of this title.', substituted 'American Samoa engaged' for 'Puerto Rico or the Virgin Islands, or in Puerto Rico and the Virgin Islands, engaged' and inserted ', and who but for section 206(a)(3) of this title would be subject to the minimum wage requirements of section 206(a)(1) of this title'. Subsec. (b). Pub. L. 101-157, Sec. 4(c)(4), substituted 'American Samoa a competitive' for 'Puerto Rico or in the Virgin Islands a competitive', 'American Samoa; except' for 'Puerto Rico and the Virgin Islands; except', and 'section 206(a)(3) of this title' for 'section 206(c) of this title'. 1977 - Subsec. (a). Pub. L. 95-151 inserted provisions relating to appointment of industry committees by the Secretary and functions of such industry committees. 1974 - Subsec. (a). Pub. L. 93-259, Sec. 5(d)(1), (2), substituted in first sentence 'the minimum wage rate which would apply in each such industry under paragraph (1) or (5) of section 206(a) of this title but for section 206(c) of this title' for 'the minimum wage prescribed in paragraph (1) of section 206(a) of this title in each such industry' and in third sentence 'the otherwise applicable minimum wage rate in effect under paragraph (1) or (5) of section 206(a) of this title' for 'the minimum wage rate prescribed in paragraph (1) of section 206(a) of this title'. Subsec. (b). Pub. L. 93-259, Sec. 5(c)(1), required committee to recommend minimum wage rate prescribed in section 206(a) or 206(b) of this title, which would be applicable but for section 206(c) of this title, unless industry is unable to pay that wage as established by substantial documentary evidence or in case of employees of public agencies other appropriate information in the record. Subsec. (c). Pub. L. 93-259, Sec. 5(d)(3), substituted 'in effect under paragraph (1) or (5) of section 206(a) of this title (as the case may be)' for 'prescribed in paragraph (1) of section 206(a) of this title'. 1961 - Subsec. (a). Pub. L. 87-30 inserted 'or enterprises' after 'industries' in first sentence and 'or in any enterprise engaged in commerce or in the production of goods for commerce' after 'production of goods for commerce' in second sentence. 1958 - Subsec. (a). Pub. L. 85-750 provided for biennial instead of an annual review of rates and for additional review, in Secretary's discretion, during any biennial period. 1955 - Subsec. (a). Act Aug. 12, 1955, Sec. 4, required review of minimum wage rates at least once each fiscal year. Subsec. (b). Act Aug. 12, 1955, Sec. 5(b), permitted industry committee or any authorized subcommittee to hear witnesses and receive evidence only after due notice. Subsec. (c). Act Aug. 12, 1955, Sec. 5(c), struck out provisions which applied to Administrator in determining classifications and minimum wage rates. Subsec. (d). Act Aug. 12, 1955, Sec. 5(d), struck out provisions which required hearings to be held on recommendations of industry committee, and inserted provisions requiring publication of recommendations and providing that such recommendations should take effect 15 days after date of publication. Subsec. (e). Act Aug. 12, 1955, Sec. 5(e), struck out provisions which required due notice of orders by publication in Federal Register and by other means as Administrator deemed reasonably calculated to give general notice to interested persons. 1949 - Subsec. (a). Act Oct. 26, 1949, stated policy of chapter with regard to minimum wage rate of industries in Puerto Rico and Virgin Islands and limited application of section to such industries. Subsec. (b). Act Oct. 26, 1949, required an industry committee in fixing minimum wage rates not to give a competitive advantage to industries in Puerto Rico and Virgin Islands over United States industries. Subsec. (c). Act Oct. 26, 1949, struck out 'for any industry' before 'shall recommend' and substituted 'that prescribed in paragraph (1) of section 206(a) of this title' for '40 cents an hour' within parenthesis in first sentence. Subsec. (d). Act Oct. 26, 1949, reenacted subsec. (d) without change. Subsecs. (e) to (g). Act Oct. 26, 1949, struck out subsec. (e) and redesignated subsecs. (f) and (g) as (e) and (f), respectively. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as a note under section 203 of this title. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 1955 AMENDMENT Section 4 of act Aug. 12, 1955, provided that the amendment made by that section is effective July 1, 1956. 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. -TRANS- 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- SECRETARY OF LABOR 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. ORDERS, REGULATIONS, INTERPRETATIONS OR AGREEMENTS PRIOR TO 1949 AMENDMENTS Section 16(c) of act Oct. 26, 1949, provided that: 'Any order, regulation, or interpretation of the Administrator of the Wage and Hour Division or of the Secretary of Labor, and any agreement entered into by the Administrator or the Secretary, in effect under the provisions of the Fair Labor Standards Act of 1938, as amended (this chapter), on the effective date of this Act (ninety days from Oct. 26, 1949), shall remain in effect as an order, regulation, interpretation, or agreement of the Administrator or the Secretary, as the case may be, pursuant to this Act, except to the extent that any such order, regulation, interpretation, or agreement may be inconsistent with the provisions of this Act, or may from time to time be amended, modified, or rescinded by the Administrator or the Secretary, as the case may be, in accordance with the provisions of this Act.' WAGE ORDERS ISSUED PRIOR TO JUNE 26, 1940, IN PUERTO RICO OR THE VIRGIN ISLANDS Joint Res. June 26, 1940, ch. 432, Sec. 3(d), 54 Stat. 616, provided as follows: 'No wage orders issued by the Administrator pursuant to the recommendations of an industry committee made prior to the enactment of this joint resolution pursuant to section 8 (this section) of the Fair Labor Standards Act of 1938 shall after such enactment be applicable with respect to any employees engaged in commerce or in the production of goods for commerce in Puerto Rico or the Virgin Islands.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 205, 206, 210 of this title. ------DocID 37703 Document 172 of 944------ -CITE- 29 USC Sec. 209 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 209. Attendance of witnesses -STATUTE- For the purpose of any hearing or investigation 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 applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees. -SOURCE- (June 25, 1938, ch. 676, Sec. 9, 52 Stat. 1065; 1946 Reorg. Plan No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.) -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration 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, Sec. 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 Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 626 of this title. ------DocID 37704 Document 173 of 944------ -CITE- 29 USC Sec. 210 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 210. Court review of wage orders in Puerto Rico and the Virgin Islands -STATUTE- (a) Any person aggrieved by an order of the Secretary issued under section 208 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 Appeals 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 Secretary shall file in the court the record of the industry committee upon which the order complained 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 payment 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 Secretary shall be considered by the court unless such objection shall have been urged before such industry committee or unless there were reasonable grounds for failure so to do. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to adduce such evidence in the proceedings 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 additional evidence so taken, and shall file with the court such modified or new findings which if supported by substantial evidence shall be conclusive, 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 certiorari or certification as provided in section 1254 of title 28. (b) The commencement of proceedings under subsection (a) of this section shall not, unless specifically ordered by the court, operate as a stay of the Administrator's order. The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking 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 compensation such employees are entitled to receive under the order exceeds the compensation they actually receive while such stay is in effect. -SOURCE- (June 25, 1938, ch. 676, Sec. 10, 52 Stat. 1065; Aug. 12, 1955, ch. 867, Sec. 5(f), 69 Stat. 712; Aug. 28, 1958, Pub. L. 85-791, Sec. 22, 72 Stat. 948; Apr. 8, 1974, Pub. L. 93-259, Sec. 5(c)(2), 88 Stat. 58.) -MISC1- 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 'transmitted 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 second 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 procedure applicable to Puerto Rico and Virgin Islands. 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. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- SECRETARY OF LABOR 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. -CROSS- CROSS REFERENCES Employees performing services within foreign country or certain territory under jurisdiction of United States as not subject to provisions of this section, see section 213 of this title. ------DocID 37705 Document 174 of 944------ -CITE- 29 USC Sec. 211 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 211. Collection of data -STATUTE- (a) Investigations and inspections The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, 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 provisions of this chapter. Except as provided in section 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary 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 carrying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, notwithstanding 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 practices 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 regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders thereunder. The employer of an employee who performs substitute 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 necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect. -SOURCE- (June 25, 1938, ch. 676, Sec. 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, Sec. 9, 63 Stat. 916; Nov. 13, 1985, Pub. L. 99-150, Sec. 3(c)(2), 99 Stat. 789.) -MISC1- AMENDMENTS 1985 - Subsec. (c). Pub. L. 99-150 inserted 'The employer of an employee who performs substitute 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.' 1949 - Subsec. (d). Act Oct. 26, 1949, added subsec. (d). 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. -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (a), (b), and (c) of 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, Sec. 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 exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. 'Secretary of Labor' substituted for 'Chief of the Children's Bureau' in subsec. (b) by 1946 Reorg. Plan No. 2. See Transfer of Functions note set out under section 203 of this title. -MISC5- EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT POLICY 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. -CROSS- CROSS REFERENCES Attendance of witnesses and production of books, papers, and documents, see section 209 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 212, 215, 626 of this title. ------DocID 37706 Document 175 of 944------ -CITE- 29 USC Sec. 212 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 212. Child labor provisions -STATUTE- (a) Restrictions on shipment of goods; prosecution; conviction No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution. (b) Investigations and inspections The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor. (c) Oppressive child labor No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. (d) Proof of age In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age. -SOURCE- (June 25, 1938, ch. 676, Sec. 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2, Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, Sec. 10, 63 Stat. 917; May 5, 1961, Pub. L. 87-30, Sec. 8, 75 Stat. 70; Apr. 8, 1974, Pub. L. 93-259, Sec. 25(a), 88 Stat. 72.) -MISC1- AMENDMENTS 1974 - Subsec. (d). Pub. L. 93-259 added subsec. (d). 1961 - Subsec. (c). Pub. L. 87-30 inserted 'or in any enterprise engaged in commerce or in the production of goods for commerce'. 1949 - Subsec. (a). Act Oct. 26, 1949, Sec. 10(a), struck out effective date at beginning of subsection and inserted proviso excepting good faith purchaser of goods produced by oppressive child labor. Subsec. (c). Act Oct. 26, 1949, Sec. 10(b), added subsec. (c). 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 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. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. 'Secretary of Labor' substituted for 'Chief of the Children's Bureau in the Department of Labor' in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title. -CROSS- CROSS REFERENCES Employees performing services within foreign country or certain territory under jurisdiction of United States as not subject to provisions of this section, see section 213 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 211, 213, 215, 216 of this title. ------DocID 37707 Document 176 of 944------ -CITE- 29 USC Sec. 213 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 213. Exemptions -STATUTE- (a) Minimum wage and maximum hour requirements The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and section 207 of this title shall not apply with respect to - (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33 1/3 per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities (other than, in the case of the exemption from section 206 of this title, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture; or (4) Repealed. Pub. L. 101-157, Sec. 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (5) any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; or (6) any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock; or (7) any employee to the extent that such employee is exempted by regulations, order, or certificate of the Secretary issued under section 214 of this title; or (8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto; or (9) Repealed. Pub. L. 93-259, Sec. 23(a)(1), Apr. 8, 1974, 88 Stat. 69. (10) any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or (11) Repealed. Pub. L. 93-259, Sec. 10(a), Apr. 8, 1974, 88 Stat. 63. (12) any employee employed as a seaman on a vessel other than an American vessel; or (13), (14) Repealed. Pub. L. 93-259, Sec. 9(b)(1), 23(b)(1), Apr. 8, 1974, 88 Stat. 63, 69. (15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary). (b) Maximum hour requirements The provisions of section 207 of this title shall not apply with respect to - (1) any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 3102 of title 49; or (2) any employee of an employer engaged in the operation of a common carrier by rail and subject to the provisions of subchapter I of chapter 105 of title 49; or (3) any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act (45 U.S.C. 181 et seq.); or (4) Repealed. Pub. L. 93-259, Sec. 11(c), Apr. 8, 1974, 88 Stat. 64. (5) any individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state; or (6) any employee employed as a seaman; or (7) Repealed. Pub. L. 93-259, Sec. 21(b)(3), Apr. 8, 1974, 88 Stat. 68. (8) Repealed. Pub. L. 95-151, Sec. 14(b), Nov. 1, 1977, 91 Stat. 1252. (9) any employee employed as an announcer, news editor, or chief engineer by a radio or television station the major studio of which is located (A) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Office of Management and Budget, which has a total population in excess of one hundred thousand, or (B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area; or (10)(A) any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers; or (B) any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers; or (11) any employee employed as a driver or driver's helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under section 207(a) of this title; or (12) any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water for agricultural purposes; or (13) any employee with respect to his employment in agriculture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at a wage rate not less than that prescribed by section 206(a)(1) of this title; or (14) any employee employed within the area of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm, if no more than five employees are employed in the establishment in such operations; or (15) any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; or (16) any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables; or (17) any driver employed by an employer engaged in the business of operating taxicabs; or (18), (19) Repealed. Pub. L. 93-259, Sec. 15(c), 16(b), Apr. 8, 1974, 88 Stat. 65. (20) any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be; or (21) any employee who is employed in domestic service in a household and who resides in such household; or (22) Repealed. Pub. L. 95-151, Sec. 5, Nov. 1, 1977, 91 Stat. 1249. (23) Repealed. Pub. L. 93-259, Sec. 10(b)(3), Apr. 8, 1974, 88 Stat. 64. (24) any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children - (A) who are orphans or one of whose natural parents is deceased, or (B) who are enrolled in such institution and reside in residential facilities of the institution, while such children are in residence at such institution, if such employee and his spouse reside in such facilities, receive, without cost, board and lodging from such institution, and are together compensated, on a cash basis, at an annual rate of not less than $10,000; or (25), (26) Repealed. Pub. L. 95-151, Sec. 6(a), 7(a), Nov. 1, 1977, 91 Stat. 1249, 1250. (27) any employee employed by an establishment which is a motion picture theater; or (28) any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight; or (29) any employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System if such employee (A) is an employee of a private entity engaged in providing services or facilities in a national park or national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture, and (B) receives compensation for employment in excess of fifty-six hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed. (c) Child labor requirements (1) Except as provided in paragraph (2) or (4), the provisions of section 212 of this title relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee - (A) is less than twelve years of age and (i) is employed by his parent, or by a person standing in the place of his parent, on a farm owned or operated by such parent or person, or (ii) is employed, with the consent of his parent or person standing in the place of his parent, on a farm, none of the employees of which are (because of subsection (a)(6)(A) of this section) required to be paid at the wage rate prescribed by section 206(a)(5) of this title, (B) is twelve years or thirteen years of age and (i) such employment is with the consent of his parent or person standing in the place of his parent, or (ii) his parent or such person is employed on the same farm as such employee, or (C) is fourteen years of age or older. (2) The provisions of section 212 of this title relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person. (3) The provisions of section 212 of this title relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions. (4)(A) An employer or group of employers may apply to the Secretary for a waiver of the application of section 212 of this title to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that - (i) the crop to be harvested is one with a particularly short harvesting season and the application of section 212 of this title would cause severe economic disruption in the industry of the employer or group of employers applying for the waiver; (ii) the employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being; (iii) the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply; (iv) individuals age twelve and above are not available for such employment; and (v) the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age. (B) Any waiver granted by the Secretary under subparagraph (A) shall require that - (i) the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed; (ii) such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and (iii) such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the Secretary shall prescribe for such individuals' protection. (d) Delivery of newspapers and wreathmaking The provisions of sections 206, 207, and 212 of this title shall not apply with respect to any employee engaged in the delivery of newspapers to the consumer or to any homeworker engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens or other forest products used in making such wreaths). (e) Maximum hour requirements and minimum wage employees The provisions of section 207 of this title shall not apply with respect to employees for whom the Secretary of Labor is authorized to establish minimum wage rates as provided in section 206(a)(3) of this title, except with respect to employees for whom such rates are in effect; and with respect to such employees the Secretary may make rules and regulations providing reasonable limitations and allowing reasonable variations, tolerances, and exemptions to and from any or all of the provisions of section 207 of this title if he shall find, after a public hearing on the matter, and taking into account the factors set forth in section 206(a)(3) of this title, that economic conditions warrant such action. (f) Employment in foreign countries and certain United States territories The provisions of sections 206, 207, 211, and 212 of this title shall not apply with respect to any employee whose services during the workweek are performed in a workplace within a foreign country or within territory under the jurisdiction of the United States other than the following: a State of the United States; the District of Columbia; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345, 67 Stat. 462) (43 U.S.C. 1331 et seq.); American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island. (g) Certain employment in retail or service establishments, agriculture The exemption from section 206 of this title provided by paragraph (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to, but materially support the activities of the establishment employing such employee; and (2) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated). (h) Maximum hour requirement: fourteen workweek limitation The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year to any employee who - (1) is employed by such employer - (A) exclusively to provide services necessary and incidental to the ginning of cotton in an establishment primarily engaged in the ginning of cotton; (B) exclusively to provide services necessary and incidental to the receiving, handling, and storing of raw cotton and the compressing of raw cotton when performed at a cotton warehouse or compress-warehouse facility, other than one operated in conjunction with a cotton mill, primarily engaged in storing and compressing; (C) exclusively to provide services necessary and incidental to the receiving, handling, storing, and processing of cottonseed in an establishment primarily engaged in the receiving, handling, storing, and processing of cottonseed; or (D) exclusively to provide services necessary and incidental to the processing of sugar cane or sugar beets in an establishment primarily engaged in the processing of sugar cane or sugar beets; and (2) receives for - (A) such employment by such employer which is in excess of ten hours in any workday, and (B) such employment by such employer which is in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. Any employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section or section 207 of this title. (i) Cotton ginning The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who - (1) is engaged in the ginning of cotton for market in any place of employment located in a county where cotton is grown in commercial quantities; and (2) receives for any such employment during such workweeks - (A) in excess of ten hours in any workday, and (B) in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period. (j) Processing of sugar beets, sugar beet molasses, or sugar cane The provisions of section 207 of this title shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who - (1) is engaged in the processing of sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup; and (2) receives for any such employment during such workweeks - (A) in excess of ten hours in any workday, and (B) in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period. -SOURCE- (June 25, 1938, ch. 676, Sec. 13, 52 Stat. 1067; Aug. 9, 1939, ch. 605, 53 Stat. 1266; Oct. 26, 1949, ch. 736, Sec. 11, 63 Stat. 917; Aug. 8, 1956, ch. 1035, Sec. 3, 70 Stat. 1118; Aug. 30, 1957, Pub. L. 85-231, Sec. 1(1), 71 Stat. 514; July 12, 1960, Pub. L. 86-624, Sec. 21(b), 74 Stat. 417; May 5, 1961, Pub. L. 87-30, Sec. 9, 10, 75 Stat. 71, 74; Sept. 23, 1966, Pub. L. 89-601, title II, Sec. 201-204(a), (b), 205-212(a), 213, 214, 215(b), (c), 80 Stat. 833-838; Oct. 15, 1966, Pub. L. 89-670, Sec. 8(e), 80 Stat. 943; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; June 23, 1972, Pub. L. 92-318, title IX, Sec. 906(b)(1), 86 Stat. 375; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(c)(2), 7(b)(3), (4), 8, 9(b), 10, 11, 12(a), 13(a)-(d), 14-18, 20(a)-(c), 21(b), 22, 23, 25(b), 88 Stat. 61-69, 72; Nov. 1, 1977, Pub. L. 95-151, Sec. 4-8, 9(d), 11, 14, 91 Stat. 1249, 1250-1252; Sept. 27, 1979, Pub. L. 96-70, title I, Sec. 1225(a), 93 Stat. 468; Nov. 17, 1989, Pub. L. 101-157, Sec. 3(c), 103 Stat. 939.) -REFTEXT- REFERENCES IN TEXT The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the Railway Labor Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (Sec. 181 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code see section 151 of Title 45 and Tables. The Outer Continental Shelf Lands Act, referred to in subsec. (f), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables. -COD- CODIFICATION In subsec. (a)(1), 'subchapter II of chapter 5 of title 5' substituted for 'the Administrative Procedure Act' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In subsec. (b)(1), 'section 3102 of title 49' substituted for 'section 204 of the Motor Carrier Act, 1935 (49 U.S.C. 304)', on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of subtitle II of Title 49, Transportation. In subsec. (b)(2), 'subchapter I of chapter 105 of title 49' substituted for 'part I of the Interstate Commerce Act (49 U.S.C. 1 et seq.)' on authority of section 3(b) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49. -MISC3- AMENDMENTS 1989 - Subsec. (a)(2). Pub. L. 101-157, Sec. 3(c)(1), struck out par. (2) which related to employees employed by a retail or service establishment. Subsec. (a)(4). Pub. L. 101-157, Sec. 3(c)(1), struck out par. (4) which related to employees employed by an establishment which qualified as an exempt retail establishment under clause (2) of this subsection and was recognized as a retail establishment in the particular industry notwithstanding that such establishment made or processed at the retail establishment the goods that it sold. Subsec. (g). Pub. L. 101-157, Sec. 3(c)(2), substituted 'provided by paragraph (6) of subsection (a) of this section' for 'provided by paragraphs (2) and (6) of subsection (a) of this section' and struck out before period at end ', except that the exemption from section 206 of this title provided by paragraph (2) of subsection (a) of this section shall apply with respect to any establishment described in this subsection which has an annual dollar volume of sales which would permit it to qualify for the exemption provided in paragraph (2) of subsection (a) of this section if it were in an enterprise described in section 203(s) of this title'. 1979 - Subsec. (f). Pub. L. 96-70 struck out '; and the Canal Zone' after 'Johnston Island'. 1977 - Subsec. (a)(2). Pub. L. 95-151, Sec. 9(d), substituted 'section 203(s)(5)' for 'section 203(s)(4)'. Subsec. (a)(3). Pub. L. 95-151, Sec. 4(a), 11, inserted 'organized camp, or religious or non-profit educational conference center,' after 'recreational establishment,', and inserted provisions relating to applicability of exemption from sections 206 and 207 of this title authorized by this paragraph for private employees in national parks, etc. Subsec. (b)(8). Pub. L. 95-151, Sec. 14(a), substituted 'forty-four' for 'forty-six'. Pub. L. 95-151, Sec. 14(b), struck out par. (8) which related to exemption of hotel, motel, and restaurant employees, effective Jan. 1, 1979. Subsec. (b)(22). Pub. L. 95-151, Sec. 5, struck out par. (22) which related to exemption of shade-grown tobacco employees. Subsec. (b)(25). Pub. L. 95-151, Sec. 6(a), struck out par. (25) which related to exemption of cotton ginning employees. See subsec. (i) of this section. Subsec. (b)(26). Pub. L. 95-151, Sec. 7(a), struck out par. (26) which related to exemption of sugar employees. See subsec. (j) of this section. Subsec. (b)(29). Pub. L. 95-151, Sec. 4(b), added par. (29). Subsec. (c). Pub. L. 95-151, Sec. 8, in par. (1) inserted reference to par. (4), and added par. (4). Subsec. (i). Pub. L. 95-151, Sec. 6(b), added subsec. (i). Subsec. (j). Pub. L. 95-151, Sec. 7(b), added subsec. (j). 1974 - Subsec. (a)(2). Pub. L. 93-259, Sec. 8(a), substituted '$225,000' for '$250,000' effective Jan. 1, 1975, Pub. L. 93-259, Sec. 8(b), substituted '$200,000' for '$225,000' effective Jan. 1, 1976. Pub. L. 93-259, Sec. 8(c), struck out 'or such establishment has an annual dollar volume of sales which is less than $200,000 (exclusive of excise taxes at the retail level which are separately stated)' after 'section 203(s) of this title' effective Jan. 1, 1977. Subsec. (a)(9). Pub. L. 93-259, Sec. 23(a)(1), repealed exemption provision respecting any employee employed by an establishment which is a motion picture theater. See subsec. (b)(27) of this section. Subsec. (a)(11). Pub. L. 93-259, Sec. 10(a), repealed exemption provision respecting any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under former par. (2) of subsec. (a) with respect to whom provisions of sections 206 and 207 of this title would not otherwise apply, engaged in handling telegraphic messages for public under an agency or contract arrangement with a telegraph company where telegraph message revenue of such agency does not exceed $500 a month. Subsec. (a)(13). Pub. L. 93-259, Sec. 23(b)(1), repealed exemption provision respecting any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to mill, processing plant, railroad, or other transportation terminal, if number of employees employed by his employer in such forestry or lumbering operations does not exceed eight. See subsec. (b)(28) of this section. Subsec. (a)(14). Pub. L. 93-259, Sec. 9(b)(1), repealed exemption provision respecting any agricultural employee employed in the growing and harvesting of shade-grown tobacco who is engaged in processing (including, but not limited to, drying, curing, fermenting, bulking, rebulking, sorting, grading, aging, and baling) of such tobacco, prior to the stemming process, for use as cigar wrapper tobacco. See subsec. (b)(22) of this section. Subsec. (a)(15). Pub. L. 93-259, Sec. 7(b)(3), added par. (15). Subsec. (b)(2). Pub. L. 93-259, Sec. 23(c), amended par. (2) (insofar as it relates to pipeline employees), inserting 'engaged in the operation of a common carrier by rail and' after 'employer'. Subsec. (b)(4). Pub. L. 93-259, Sec. 11(a), effective May 1, 1974, inserted 'who is' after 'employee' and ', and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed' before the semi-colon. Pub. L. 93-259, Sec. 11(b), substituted 'forty-four hours' for 'forty-eight hours' effective one year after May 1, 1974. Pub. L. 93-259, Sec. 11(c), repealed subsec. (b)(4) effective two years after May 1, 1974. Subsec. (b)(7). Pub. L. 93-259, Sec. 21(b)(1), substituted '(regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), if such employee receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed' for ', if the rates and services of such railway or carrier are subject to regulation by a State or local agency' effective May 1, 1974. Pub. L. 93-259, Sec. 21(b)(2), substituted 'forty-four hours' for 'forty-eight hours' effective one year after May 1, 1974. Pub. L. 93-259, Sec. 21(b)(3) repealed subsec. (b)(7) effective two years after May 1, 1974. Subsec. (b)(8). Pub. L. 93-259, Sec. 12(a), 13(a), effective May 1, 1974, insofar as relating to nursing home employees, struck out exemption provision respecting any employee who is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, and receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed, and insofar as relating to a hotel, motel, and restaurant employees, substituted '(A) any employee (other than an employee of a hotel or motel who performs maid or custodial services) who is' for 'any employee', inserted before the semicolon 'and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed', and added subpar. (B). Pub. L. 93-259, Sec. 13(b), effective one year after May 1, 1974, substituted 'forty-six hours' for 'forty-eight hours' in subparas. (A) and (B). Pub. L. 93-259, Sec. 13(c), effective two years after May 1, 1974, substituted 'forty-four hours' for 'forty-six hours' in subpar. (B). Pub. L. 93-259, Sec. 13(d), repealed subsec. (b)(8)(B) and eliminated the designation (A), effective three years after May 1, 1974. Subsec. (b)(10). Pub. L. 93-259, Sec. 14, incorporated existing paragraph in provisions designated as subpar. (A), struck out from the list references to trailers and aircraft, inserted reference to implements, and added subpar. (B) incorporating references to trailers and aircraft. Subsec. (b)(15). Pub. L. 93-259, Sec. 20(a), struck out exemption provision respecting any employee engaged in ginning of cotton for market, in any place of employment located in a county where cotton is grown in commercial quantities or in the processing of sugar beets, sugar-beet molasses, and sugarcane into sugar. See subsec. (b)(25) and (26) of this section. Subsec. (b)(18). Pub. L. 93-259, Sec. 15(a), effective May 1, 1974, inserted 'and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed.' Pub. L. 93-259, Sec. 15(b), effective one year after May 1, 1974, substituted 'forty-four hours' for 'forty-eight hours.' Pub. L. 93-259, Sec. 15(c), repealed par. (18) effective two years after May 1, 1974. Subsec. (b)(19). Pub. L. 93-259, Sec. 16(a), effective one year after May 1, 1974, substituted 'forty-four hours' for 'forty-eight hours'. Pub. L. 93-259, Sec. 16(b), repealed par. (19), effective two years after May 1, 1974. Subsec. (b)(20). Pub. L. 93-259, Sec. 6(c)(2)(A), added par. (20) effective May 1, 1974. Pub. L. 93-259, Sec. 6(c)(2)(B), effective Jan. 1, 1975, made maximum hours provisions inapplicable during any workweek to any employee of a public agency employing during the workweek less than 5 employees. Subsec. (b)(21). Pub. L. 93-259, Sec. 7(b)(4), added par. (21). Subsec. (b)(22). Pub. L. 93-259, Sec. 9(b)(2), added par. (22). Subsec. (b)(23). Pub. L. 93-259, Sec. 10(b)(1), added par. (23), effective May 1, 1974. Pub. L. 93-259, Sec. 10(b)(2), substituted 'forty-four hours' for 'forty-eight hours' effective one year after May 1, 1974. Pub. L. 93-259, Sec. 10(b)(3), repealed par. (23) effective two years after May 1, 1974. Subsec. (b)(24). Pub. L. 93-259, Sec. 17, added par. (24). Subsec. (b)(25). Pub. L. 93-259, Sec. 20(b)(1), added par. (25) effective May 1, 1974. Pub. L. 93-259, Sec. 20(b)(2), effective Jan. 1, 1975, substituted 'sixty-six' for 'seventy-two' in subpar. (A), 'sixty' for 'sixty-four' in subpar. (B), and 'forty-six hours in any workweek for not more than two workweeks in that year, and' for 'forty-eight hours in any other workweek in that year,' in subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(b)(3), effective Jan. 1, 1976, substituted 'sixty' for 'sixty-six', 'fifty-six' for 'sixty', 'forty-eight' for 'fifty', 'forty-four' for 'forty-six', and 'forty' for 'forty-four'. Subsec. (b)(26). Pub. L. 93-259, Sec. 20(c)(1), added par. (26) effective May 1, 1974. Pub. L. 93-259, Sec. 20(c)(2), effective Jan. 1, 1975, substituted 'sixty-six' for 'seventy-two' in subpar. (A), 'sixty' for 'sixty-four' in subpar. (B), and 'forty-six hours in any workweek for not more than two workweeks in that year, and' for 'forty-eight hours in any other workweek in that year,' in subpar. (D), and added subpar. (E). Pub. L. 93-259, Sec. 20(c)(3), effective Jan. 1, 1976, substituted 'sixty' for 'sixty-six', 'fifty-six' for 'sixty', 'forty-eight' for 'fifty', 'forty-four' for 'forty-six', and 'forty' for 'forty-four'. Subsec. (b)(27). Pub. L. 93-259, Sec. 23(a)(2), added par. (27). Subsec. (b)(28). Pub. L. 93-259, Sec. 23(b)(2), added par. (28). Subsec. (c)(1). Pub. L. 93-259, Sec. 25(b), amended par. (1) generally, striking out 'with respect' after 'shall not apply', inserting ', if such employee - ', and adding subpars. (A) to (C). Subsec. (g). Pub. L. 93-259, Sec. 18, added subsec. (g). Subsec. (h). Pub. L. 93-259, Sec. 22, added subsec. (h). 1972 - Subsec. (a). Pub. L. 92-318 inserted '(except subsection (d) in the case of paragraph (1) of this subsection)' after introductory text 'sections 206'. 1966 - Subsec. (a)(1). Pub. L. 89-601, Sec. 214, inserted '(including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)' after 'professional capacity'. Subsec. (a)(2). Pub. L. 89-601, Sec. 201(a), revised the retail or service establishment exemption so as to exempt employees of a retail or service establishment (other than an establishment or employee engaged in laundering or drycleaning or an establishment engaged in the operation of a hospital, school, or institution specifically included in the definition of the term 'enterprise engaged in commerce or in the production of goods for commerce') if more than 50 per centum of the establishment's annual dollar volume of sales of goods or services is made within the state in which the establishment is located and the establishment is not an enterprise described in section 203(s) of this title or the establishment has an annual dollar volume of sales which is less than $250,000. Subsec. (a)(3). Pub. L. 89-601, Sec. 201(b)(2), 202, repealed par. (3) relating to employees of laundry, cleaning, and fabric or clothing repair establishments doing more than 50 per centum of their annual dollar volume of business within the state in which the establishment is located and enacted a new par. (3) relating to employees of amusement or recreational establishments which do not operate for more than seven months in any calendar year or which had receipts over a six-month period which were not more than 33 1/3 per centum of its average receipts for the other six months of such year. Subsec. (a)(6). Pub. L. 89-601, Sec. 203(a), limited the provisions exempting agricultural employees from application of sections 206 and 207 of this title by narrowing the class of exempted agricultural employees to include only an employee employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, an employee who is the spouse, parent, child, or other member of his employer's immediate family, certain hand harvest laborers, or an employee principally engaged in the range production of livestock. See subsec. (b)(12) of this section. Subsec. (a)(7). Pub. L. 89-601, Sec. 215(c), extended coverage to include employees exempted by a certificate of the Secretary. Subsec. (a)(8). Pub. L. 89-601, Sec. 205, substituted 'where published' for 'where printed and published'. Subsec. (a)(9). Pub. L. 89-601, Sec. 206(a), 207, repealed par. (9) relating to employees of street, suburban, or interurban electric railways, or local trolleys or motor bus carriers not in a section 203(s) enterprise and enacted a new par. (9) relating to employees employed by motion picture theaters. See subsec. (b)(7) of this section. Subsec. (a)(10). Pub. L. 89-601, Sec. 204(a), 215(b)(1), repealed par. (10) relating to employees engaged in handling and processing of agricultural, horticultural, and dairy products and redesignated par. (11) as (10). See section 207(d) of this title. Subsec. (a)(11). Pub. L. 89-601, Sec. 215(b)(1), redesignated par. (13) as (11). Former par. (11) redesignated (10). Subsec. (a)(12). Pub. L. 89-601, Sec. 206(b)(1), 215(b)(1), repealed par. (12) relating to employees of employers engaged in the business of operating taxicabs and redesignated par. (14) as (12). See subsec. (b)(17) of this section. Subsec. (a)(13). Pub. L. 89-601, Sec. 208, 215(b)(1), redesignated par. (15) as (13) and substituted 'eight' for 'twelve'. Former par. (13) redesignated (11). Subsec. (a)(14). Pub. L. 89-601, Sec. 215(b), redesignated par. (21) as (14) and substituted a period for '; or' at end. Former par. (14) redesignated (12). Subsec. (a)(15). Pub. L. 89-601, Sec. 215(b)(1), redesignated par. (15) as (13). Subsec. (a)(16). Pub. L. 89-601, Sec. 203(b), repealed par. (16) relating to agricultural employees employed in livestock auctions. See subsec. (b)(13) of this section. Subsec. (a)(17). Pub. L. 89-601, Sec. 204(a), repealed par. (17) relating to country elevator operators. See subsec. (b)(14) of this section. Subsec. (a)(18). Pub. L. 89-601, Sec. 204(a), repealed par. (18) relating to cotton ginning employees. See subsec. (b)(15) of this section. Subsec. (a)(19). Pub. L. 89-601, Sec. 209(a), repealed par. (19) relating to employees of retail and service establishments that are primarily engaged in the business of selling automobiles, trucks, or farm implements. See subsec. (b)(10) of this section. Subsec. (a)(20). Pub. L. 89-601, Sec. 210(a), repealed par. (20) relating to employees of food retail or service establishments. See subsec. (b)(18) of this section. Subsec. (a)(21). Pub. L. 89-601, Sec. 215(b)(1), redesignated par. (21) as (14). Subsec. (a)(22). Pub. L. 89-601, Sec. 204(a), repealed par. (22) relating to fruit and vegetable transportation employees. See subsec. (b)(16) of this section. Subsec. (b)(1). Pub. L. 89-670 substituted 'Secretary of Transportation' for 'Interstate Commerce Commission'. Subsec. (b)(7). Pub. L. 89-601, Sec. 206(c), narrowed the scope of the exemption from any employee of the covered transportation companies to drivers, operators, and conductors only and narrowed the range of covered transportation companies from any street, suburban, or interurban electric railway, or local trolley or motorbus carrier to only those of such named enterprises as have their rates and service subject to regulation by a state or local agency. Subsec. (b)(8). Pub. L. 89-601, Sec. 201(b)(1), 211, repealed par. (8) which named employees of gasoline service stations as a group to which section 207 of this title shall not apply and enacted a new par. (8) providing that section 207 of this title shall not apply with respect to hotel, motel, or restaurant employees and employees who receive compensation for employment in excess 48 hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed and who is employed by an institution other than a hospital primarily engaged in the care of the sick, the aged, or the mentally ill or defective residing on the premises. Subsec. (b)(10). Pub. L. 89-601, Sec. 209(b), 212(a), repealed par. (10) which granted an unlimited overtime exemption relating to petroleum distribution employees and enacted a new par. (10) relating to salesmen, partsmen, or mechanics primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers. See subsec. (b)(3) of this section. Subsec. (b)(12) to (19). Pub. L. 89-601, Sec. 203(c)(B), 204(b), 206(b)(2), 210(b), added pars. (12) to (19). Subsec. (c). Pub. L. 89-601, Sec. 203(d), inserted provision making section 212 of this title relating to child labor applicable to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person. Subsec. (f). Pub. L. 89-601, Sec. 213, inserted reference to Eniwetok Atoll, Kwajalein Atoll, and Johnston Island. 1961 - Subsec. (a)(1). Pub. L. 87-30, Sec. 9, substituted 'any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to, the provisions of the Administrative Procedure Act' and exception provision for 'any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regulations of the Administrator)'. Subsec. (a)(2). Pub. L. 87-30, Sec. 9, inserted conditional provision, including subclauses (i) to (iv). Subsec. (a)(5). Pub. L. 87-30, Sec. 9, inserted 'propagating' and 'or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations' after 'taking' and 'life', respectively, and substituted 'loading and unloading when performed by any such employee' for 'including employment in the loading, unloading, or packing of such products for shipment or in propagating, processing (other than canning), marketing, freezing, curing, storing, or distributing the above products or byproducts thereof'. See subsec. (b)(4) of this section. Subsec. (a)(7). Pub. L. 87-30, Sec. 9, substituted 'Secretary' for 'Administrator'. Subsec. (a)(9). Pub. L. 87-30, Sec. 9, substituted 'not in an enterprise described in section 203(s)(2) of this title' for 'not included in other exemptions contained in this section.'. Subsec. (a)(10). Pub. L. 87-30, Sec. 9, substituted 'Secretary' for 'Administrator' and struck out 'ginning' after 'storing'. Subsec. (a)(11). Pub. L. 87-30, Sec. 9, substituted 'by an independently owned public telephone company' for 'in a public telephone exchange'. Subsec. (a)(13). Pub. L. 87-30, Sec. 9, substituted 'which qualifies as an exempt retail or service establishment under clause (2) of this subsection' for 'as defined in clause (2) of this subsection'. Subsec. (a)(14). Pub. L. 87-30, Sec. 9, inserted 'on a vessel other than an American vessel'. Subsec. (a)(16) to (22). Pub. L. 87-30, Sec. 9, added pars. (16) to (22). Subsec. (b)(4). Pub. L. 87-30, Sec. 9, extended exemption to any employee in the processing, marketing, freezing, curing, storing, packing for shipment, or distributing of aquatic forms of life, formerly contained in subsec. (a)(5) of this section. Subsec. (b)(6) to (11). Pub. L. 87-30, Sec. 9, added pars. (6) to (11). Subsec. (d). Pub. L. 87-30, Sec. 10, extended the nonapplicability of sections 206, 207, and 212 of this title to any homeworker engaged in the making of evergreen wreaths. 1960 - Subsec. (f). Pub. L. 86-624 struck out 'Alaska; Hawaii;' before 'Puerto Rico'. 1957 - Subsec. (f). Pub. L. 85-231 added subsec. (f). 1956 - Subsec. (e). Act Aug. 8, 1956, added subsec. (b). 1949 - Subsec. (a)(2). Act Oct. 26, 1949, clarified exemption by defining term 'retail or service establishment' and stated conditions under which exemption shall apply. Subsec. (a)(3). Act Oct. 26, 1949, redesignated par. (3) as (14) and added par. (3) providing a limited exemption to employees of laundries and establishments engaged in laundering, cleaning, or repairing clothing of fabrics. Subsec. (a)(4). Act Oct. 26, 1949, redesignated par. (4) as subsec. (b)(3) and added par. (4) providing limited exemption to employees of retail establishments making or processing goods. Subsec. (a)(5). Act Oct. 26, 1949, struck out canning of fish, shellfish, etc. See subsec. (b)(4). Subsec. (a)(6). Act Oct. 26, 1949, added irrigation workers to the exemption. Subsec. (a)(8). Act Oct. 26, 1949, extended exemption to employees of newspapers published daily, increased circulation limitation from 3,000 to 4,000, and increased circulation area to include counties contiguous to county of publication. Subsec. (a)(10). Act Oct. 26, 1949, struck out 'to' before 'any individual'. Subsec. (a)(11). Act Oct. 26, 1949, increased number of stations from, less than 500, to, not more than 750. Subsec. (a)(12), (13). Act Oct. 26, 1949, added pars. (12) and (13). Subsec. (a)(14). Act Oct. 26, 1949, redesignated par. (3) as (14). Subsec. (a)(15). Act Oct. 26, 1949, added par. (15). Subsec. (b)(3) to (5). Act Oct. 26, 1949, added pars. (3) to (5). Subsec. (c). Act Oct. 26, 1949, substituted 'outside of school hours for the school district where such employee is living while he is so employed' for prior provision relating to school attendance following 'in agricultural', and added radio or television productions to the exemption. Subsec. (d). Act Oct. 26, 1949, added par. (d). 1939 - Subsec. (a)(11). Act Aug. 9, 1939, added par. (11). EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-157 effective Apr. 1, 1990, see section 3(e) of Pub. L. 101-157, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1977 AMENDMENT Section 14(a), (b) of Pub. L. 95-151 provided that the amendments by that section are effective Jan. 1, 1978, and Jan. 1, 1979, respectively. Amendment by sections 4 to 7 of Pub. L. 95-151 effective Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as a note under section 203 of this title. Amendment by sections 8, 9(d), and 11 of Pub. L. 95-151 effective on Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Section 6(c)(2)(A), (B) of Pub. L. 93-259 provided that the amendments made by that section are effective May 1, 1974, and Jan. 1, 1975, respectively. Section 8(a)-(c) of Pub. L. 93-259 provided that the amendments made by that section are effective Jan. 1, 1975, 1976, and 1977, respectively. Section 10(b)(2), (3) of Pub. L. 93-259 provided that the amendment and repeal made by that section are effective one year and two years after May 1, 1974, respectively. Section 11(b), (c) of Pub. L. 93-259 provided that the amendment and repeal made by that section are effective one year and two years after May 1, 1974, respectively. Section 13(b)-(d) of Pub. L. 93-259 provided that the amendments made by that section are effective one year, two years, and three years after May 1, 1974, respectively. Section 15(b), (c) of Pub. L. 93-259 provided that the amendment and repeal made by that section are effective one year and two years after May 1, 1974, respectively. Section 16(a), (b) of Pub. L. 93-259 provided that the amendment and repeal made by that section are effective one year and two years after May 1, 1974, respectively. Section 20(b)(2), (3) of Pub. L. 93-259 provided that the amendments made by that section are effective Jan. 1, 1975, and 1976, respectively. Section 20(c)(2), (3) of Pub. L. 93-259 provided that the amendments made by that section are effective Jan. 1, 1975, and 1976, respectively. Section 21(b)(2), (3) of Pub. L. 93-259 provided that the amendment and repeal made by that section are effective one year and two years after May 1, 1974, respectively. Amendment by sections 7(b)(3), (4), 9(b), 10(a), (b)(1), 11(a), 12(a), 13(a), 14, 15(a), 17, 18, 20(a), (b)(1), (c)(1), 21(b)(1), 22, 23, and 25(b) of 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. EFFECTIVE DATE OF 1966 AMENDMENTS Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Appendix, Transportation. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 Pub. L. 85-231, Sec. 2, provided that: 'The amendments made by this Act (amending this section and sections 216 and 217 of this title) shall take effect upon the expiration of ninety days from the date of its enactment (Aug. 30, 1957).' 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. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plans) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget. For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- REGULATIONS CONCERNING COMPUTER, SOFTWARE, AND OTHER SIMILARLY SKILLED PROFESSIONALS Pub. L. 101-583, Sec. 2, Nov. 15, 1990, 104 Stat. 2871, provided that: 'Not later than 90 days after the date of enactment of this Act (Nov. 15, 1990), the Secretary of Labor shall promulgate regulations that permit computer systems analysts, computer programmers, software engineers, and other similarly skilled professional workers as defined in such regulations to qualify as exempt executive, administrative, or professional employees under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). Such regulations shall provide that if such employees are paid on an hourly basis they shall be exempt only if their hourly rate of pay is at least 6 1/2 times greater than the applicable minimum wage rate under section 6 of such Act (29 U.S.C. 206).' PUBLIC AGENCY EMPLOYEES IN FIRE PROTECTION AND LAW ENFORCEMENT ACTIVITIES; STUDIES IN 1976 OF 1975 TOURS OF DUTY Section 6(c)(3) of Pub. L. 93-259 authorized Secretary of Labor to conduct a study in 1976 of average number of hours in tours of duty in work periods in 1975 of certain employees of public agencies employed in fire protection and law enforcement activities, and publish results of such studies in Federal Register. PIPELINE EMPLOYEES UNDER SUBSEC. (B)(2) Section 23(c) of Pub. L. 93-259 provided in part for amendment of subsec. (b)(2) of this section 'insofar as it relates to pipeline employees'. 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 enactment 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 OF AGRICULTURAL HANDLING AND PROCESSING EXEMPTIONS AND RATES OF PAY IN EXEMPT FOOD SERVICE ENTERPRISES Section 13 of Pub. L. 87-30 authorized Secretary of Labor to study complicated system of exemptions available for handling and processing agricultural products under this chapter and complex problems involving rates of pay of certain employees exempted from provisions of this chapter, and required Secretary to submit results of his studies along with his recommendations for proposed legislation to second session of Eighty-seventh Congress. TRANSPORTATION OF MIGRANT FARM WORKERS Section 3 of act Aug. 3, 1956, provided that: 'Section 13(b)(1) of the Fair Labor Standards Act, as amended (subsec. (b)(1) of this section) shall not apply in the case of any employee with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service solely by virtue of section 204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 3102).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 216, 218, 795, 1803 of this title; title 5 sections 5343, 5349; title 42 sections 300e-9, 1437t, 3056, 8009, 8011. ------DocID 37708 Document 177 of 944------ -CITE- 29 USC Sec. 214 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 214. Employment under special certificates -STATUTE- (a) Learners, apprentices, messengers The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 206 of this title and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe. (b) Students (1)(A) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206 of this title or not less than $1.60 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) in retail or service establishments. (B) Except as provided in paragraph (4)(B), during any month in which full-time students are to be employed in any retail or service establishment under certificates issued under this subsection the proportion of student hours of employment to the total hours of employment of all employees in such establishment may not exceed - (i) in the case of a retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) were covered by this chapter before the effective date of the Fair Labor Standards Amendments of 1974 - (I) the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period, (II) the maximum proportion for any corresponding month of student hours of employment to the total hours of employment of all employees in such establishment applicable to the issuance of certificates under this section at any time before the effective date of the Fair Labor Standards Amendments of 1974 for the employment of students by such employer, or (III) a proportion equal to one-tenth of the total hours of employment of all employees in such establishment, whichever is greater; (ii) in the case of retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) are covered for the first time on or after the effective date of the Fair Labor Standards Amendments of 1974 - (I) the proportion of hours of employment of students in such establishment to the total hours of employment of all employees in such establishment for the corresponding month of the twelve-month period immediately prior to the effective date of such Amendments, (II) the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period, or (III) a proportion equal to one-tenth of the total hours of employment of all employees in such establishment, whichever is greater; or (iii) in the case of a retail or service establishment for which records of student hours worked are not available, the proportion of student hours of employment to the total hours of employment of all employees based on the practice during the immediately preceding twelve-month period in (I) similar establishments of the same employer in the same general metropolitan area in which such establishment is located, (II) similar establishments of the same or nearby communities if such establishment is not in a metropolitan area, or (III) other establishments of the same general character operating in the community or the nearest comparable community. For purpose of clauses (i), (ii), and (iii) of this subparagraph, the term 'student hours of employment' means hours during which students are employed in a retail or service establishment under certificates issued under this subsection. (2) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide for the employment, at a wage rate not less than 85 per centum of the wage rate in effect under section 206(a)(5) of this title or not less than $1.30 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) in any occupation in agriculture. (3) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide for the employment by an institution of higher education, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206 of this title or not less than $1.60 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) who are enrolled in such institution. The Secretary shall by regulation prescribe standards and requirements to insure that this paragraph will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the minimum wage rate authorized by this paragraph is applicable. (4)(A) A special certificate issued under paragraph (1), (2), or (3) shall provide that the student or students for whom it is issued shall, except during vacation periods, be employed on a part-time basis and not in excess of twenty hours in any workweek. (B) If the issuance of a special certificate under paragraph (1) or (2) for an employer will cause the number of students employed by such employer under special certificates issued under this subsection to exceed six, the Secretary may not issue such a special certificate for the employment of a student by such employer unless the Secretary finds employment of such student will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection. If the issuance of a special certificate under paragraph (1) or (2) for an employer will not cause the number of students employed by such employer under special certificates issued under this subsection to exceed six - (i) the Secretary may issue a special certificate under paragraph (1) or (2) for the employment of a student by such employer if such employer certifies to the Secretary that the employment of such student will not reduce the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection, and (ii) in the case of an employer which is a retail or service establishment, subparagraph (B) of paragraph (1) shall not apply with respect to the issuance of special certificates for such employer under such paragraph. The requirement of this subparagraph shall not apply in the case of the issuance of special certificates under paragraph (3) for the employment of full-time students by institutions of higher education; except that if the Secretary determines that an institution of higher education is employing students under certificates issued under paragraph (3) but in violation of the requirements of that paragraph or of regulations issued thereunder, the requirements of this subparagraph shall apply with respect to the issuance of special certificates under paragraph (3) for the employment of students by such institution. (C) No special certificate may be issued under this subsection unless the employer for whom the certificate is to be issued provides evidence satisfactory to the Secretary of the student status of the employees to be employed under such special certificate. (D) To minimize paperwork for, and to encourage, small businesses to employ students under special certificates issued under paragraphs (1) and (2), the Secretary shall, by regulation or order, prescribe a simplified application form to be used by employers in applying for such a certificate for the employment of not more than six full-time students. Such an application shall require only - (i) a listing of the name, address, and business of the applicant employer, (ii) a listing of the date the applicant began business, and (iii) the certification that the employment of such full-time students will not reduce the full-time employment opportunities of persons other than persons employed under special certificates. (c) Handicapped workers (1) The Secretary, to the extent necessary to prevent curtailment of opportunities for employment, shall by regulation or order provide for the employment, under special certificates, of individuals (including individuals employed in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury, at wages which are - (A) lower than the minimum wage applicable under section 206 of this title, (B) commensurate with those paid to nonhandicapped workers, employed in the vicinity in which the individuals under the certificates are employed, for essentially the same type, quality, and quantity of work, and (C) related to the individual's productivity. (2) The Secretary shall not issue a certificate under paragraph (1) unless the employer provides written assurances to the Secretary that - (A) in the case of individuals paid on an hourly rate basis, wages paid in accordance with paragraph (1) will be reviewed by the employer at periodic intervals at least once every six months, and (B) wages paid in accordance with paragraph (1) will be adjusted by the employer at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nonhandicapped individuals employed in the locality for essentially the same type of work. (3) Notwithstanding paragraph (1), no employer shall be permitted to reduce the hourly wage rate prescribed by certificate under this subsection in effect on June 1, 1986, of any handicapped individual for a period of two years from such date without prior authorization of the Secretary. (4) Nothing in this subsection shall be construed to prohibit an employer from maintaining or establishing work activities centers to provide therapeutic activities for handicapped clients. (5)(A) Notwithstanding any other provision of this subsection, any employee receiving a special minimum wage at a rate specified pursuant to this subsection or the parent or guardian of such an employee may petition the Secretary to obtain a review of such special minimum wage rate. An employee or the employee's parent or guardian may file such a petition for and in behalf of the employee or in behalf of the employee and other employees similarly situated. No employee may be a party to any such action unless the employee or the employee's parent or guardian gives consent in writing to become such a party and such consent is filed with the Secretary. (B) Upon receipt of a petition filed in accordance with subparagraph (A), the Secretary within ten days shall assign the petition to an administrative law judge appointed pursuant to section 3105 of title 5. The administrative law judge shall conduct a hearing on the record in accordance with section 554 of title 5 with respect to such petition within thirty days after assignment. (C) In any such proceeding, the employer shall have the burden of demonstrating that the special minimum wage rate is justified as necessary in order to prevent curtailment of opportunities for employment. (D) In determining whether any special minimum wage rate is justified pursuant to subparagraph (C), the administrative law judge shall consider - (i) the productivity of the employee or employees identified in the petition and the conditions under which such productivity was measured; and (ii) the productivity of other employees performing work of essentially the same type and quality for other employers in the same vicinity. (E) The administrative law judge shall issue a decision within thirty days after the hearing provided for in subparagraph (B). Such action shall be deemed to be a final agency action unless within thirty days the Secretary grants a request to review the decision of the administrative law judge. Either the petitioner or the employer may request review by the Secretary within fifteen days of the date of issuance of the decision by the administrative law judge. (F) The Secretary, within thirty days after receiving a request for review, shall review the record and either adopt the decision of the administrative law judge or issue exceptions. The decision of the administrative law judge, together with any exceptions, shall be deemed to be a final agency action. (G) A final agency action shall be subject to judicial review pursuant to chapter 7 of title 5. An action seeking such review shall be brought within thirty days of a final agency action described in subparagraph (F). (d) Employment by schools The Secretary may by regulation or order provide that sections 206 and 207 of this title shall not apply with respect to the employment by any elementary or secondary school of its students if such employment constitutes, as determined under regulations prescribed by the Secretary, an integral part of the regular education program provided by such school and such employment is in accordance with applicable child labor laws. -SOURCE- (June 25, 1938, ch. 676, Sec. 14, 52 Stat. 1068; Oct. 26, 1949, ch. 736, Sec. 12, 63 Stat. 918; May 5, 1961, Pub. L. 87-30, Sec. 11, 75 Stat. 74; Sept. 23, 1966, Pub. L. 89-601, title V, Sec. 501, 80 Stat. 842; Apr. 8, 1974, Pub. L. 93-259, Sec. 24(a), (b), 88 Stat. 69, 72; Nov. 1, 1977, Pub. L. 95-151, Sec. 12, 13, 91 Stat. 1252; Oct. 16, 1986, Pub. L. 99-486, 100 Stat. 1229; Nov. 17, 1989, Pub. L. 101-157, Sec. 4(d), 103 Stat. 941.) -REFTEXT- REFERENCES IN TEXT Effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (b)(1)(B)(i), (ii), means May 1, 1974, except as otherwise specifically provided, under provisions of section 29(a) of Pub. L. 93-259, set out as an Effective Date of 1974 Amendment note under section 202 of this title. -MISC2- AMENDMENTS 1989 - Subsec. (b)(1)(A). Pub. L. 101-157 struck out '(or in the case of employment in Puerto Rico or the Virgin Islands not described in section 205(e) of this title, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206(c) of this title)' after 'whichever is the higher'. Subsec. (b)(2), (3). Pub. L. 101-157 struck out '(or in the case of employment in Puerto Rico or the Virgin Islands not described in section 205(e) of this title, at a wage rate not less than 85 per centum of the wage rate in effect under section 206(c) of this title)' after 'whichever is the higher'. 1986 - Subsec. (c). Pub. L. 99-486 amended subsec. (c) generally, revising and restating as pars. (1) to (5) provisions formerly contained in pars. (1) to (3). 1977 - Subsec. (b)(4)(B). Pub. L. 95-151, Sec. 12(a), substituted 'six' for 'four' wherever appearing. Subsec. (b)(4)(D). Pub. L. 95-151, Sec. 13, added subpar. (D). 1974 - Subsec. (a). Pub. L. 93-259, Sec. 24(a), added subsec. (a) and struck out former subsec. (a) which had provided: 'The Secretary of Labor, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivery letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 206 of this title and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe.' Subsec. (b). Pub. L. 93-259, Sec. 24(a), added subsec. (b) and struck out former subsec. (b) which had provided: 'The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation or order provide for the employment of full-time students, regardless of age but in compliance with applicable child labor laws, on a part-time basis in retail or service establishments (not to exceed twenty hours in any workweek) or on a part-time or full-time basis in such establishments during school vacations, under special certificates issued pursuant to regulations of the Secretary, at a wage rate not less than 85 per centum of the minimum wage applicable under section 206 of this title, except that the proportion of student hours of employment to total hours of employment of all employees in any establishment may not exceed (1) such proportion for the corresponding month of the twelve-month period preceding May 1, 1961, (2) in the case of a retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) are covered by this chapter for the first time on or after the effective date of the Fair Labor Standards Amendments of 1966, such proportion for the corresponding month of the twelve-month period immediately prior to such date, or (3) in the case of a retail or service establishment coming into existence after May 1, 1961, or a retail or service establishment for which records of student hours worked are not available, a proportion of student hours of employment to total hours of employment of all employees based on the practice during the twelve-month period preceding May 1, 1961, in (A) similar establishments of the same employer in the same general metropolitan area in which the new establishment is located, (B) similar establishments of the same employer in the same or nearby counties if the new establishment is not in a metropolitan area, or (C) other establishments of the same general character operating in the community or the nearest comparable community. Before the Secretary may issue a certificate under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection.' Subsecs. (c), (d). Pub. L. 93-259, Sec. 24(a), (b), struck out subsec. (c) and redesignated subsec. (d) as (c). Former subsec. (c) had provided: 'The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by certificate or order provide for the employment of full-time students, regardless of age but in compliance with applicable child labor laws, on a part-time basis in agriculture (not to exceed twenty hours in any workweek) or on a part-time or full-time basis in agriculture during school vacations, at a wage rate not less than 85 per centum of the minimum wage applicable under section 206 of this title. Before the Secretary may issue a certificate or order under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection.' 1966 - Pub. L. 89-601 provided for employment of full-time students regardless of age but in compliance with applicable child labor laws outside of their school hours in retail or service establishments or in agriculture at not less than 85 percent of the minimum wage in full-time positions during school vacations or in part-time positions not to exceed 20 hours in any workweek under certificates issued by the Secretary, set out the formula for the allowable proportion of student hours of employment to total hours of employment, provided for the employment of handicapped workers at rates down to 50 percent of the applicable minimum wage and at even lower rates for persons suffering severe impairment, authorized the establishment of special rates for handicapped workers employed in work activities centers, and defined work activity centers. 1961 - Pub. L. 87-30 provided for employment of students in cl. (1). 1949 - Act Oct. 26, 1949, substituted 'primarily' for 'exclusively' after 'messengers employed'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-151 effective Nov. 1, 1977, see section 15(b) of Pub. L. 95-151, set out as a note under section 203 of this title. 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. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 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. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- 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 enactment 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 OF WAGES PAID HANDICAPPED CLIENTS IN SHELTERED WORKSHOPS Section 605 of Pub. L. 89-601 instructed Secretary of Labor to commence a complete study of wage payments to handicapped clients of sheltered workshops and of feasibility of raising existing wage standards in such workshops. The Secretary was directed to report to Congress by July 1, 1967, findings of such study with appropriate recommendations. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 215, 795 of this title. ------DocID 37709 Document 178 of 944------ -CITE- 29 USC Sec. 215 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 215. Prohibited acts; prima facie evidence -STATUTE- (a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person - (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful; (2) to violate any of the provisions of section 206 or section 207 of this title, or any of the provisions of any regulation or order of the Secretary issued under section 214 of this title; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; (4) to violate any of the provisions of section 212 of this title; (5) to violate any of the provisions of section 211(c) of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect. (b) For the purposes of subsection (a)(1) of this section proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods. -SOURCE- (June 25, 1938, ch. 676, Sec. 15, 52 Stat. 1068; Oct. 26, 1949, ch. 736, Sec. 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.) -MISC1- AMENDMENTS 1949 - Subsec. (a)(1). Act Oct. 26, 1949, Sec. 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter. Subsec. (a)(5). Act Oct. 26, 1949, Sec. 13(b), inserted 'or any regulation or order made or continued in effect under the provisions of section 211(d) of this title' after '211(c) 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. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- LIABILITY OF PUBLIC AGENCY FOR DISCRIMINATION AGAINST EMPLOYEE FOR ASSERTION OF COVERAGE Pub. L. 99-150, Sec. 8, Nov. 13, 1985, 99 Stat. 791, provided that: 'A public agency which is a State, political subdivision of a State, or an interstate governmental agency and which discriminates or has discriminated against an employee with respect to the employee's wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall be held to have violated section 15(a)(3) of such Act (29 U.S.C. 215(a)(3)). The protection against discrimination afforded by the preceding sentence shall be available after August 1, 1986, only for an employee who takes an action described in section 15(a)(3) of such Act.' -CROSS- CROSS REFERENCES Prohibition of age discrimination under this section, see section 626 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 216, 217, 626 of this title. ------DocID 37710 Document 179 of 944------ -CITE- 29 USC Sec. 216 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 216. Penalties -STATUTE- (a) Fines and imprisonment Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. (b) Damages; right of action; attorney's fees and costs; termination of right of action Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary of Labor in an action under section 217 of this title in which (1) restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing to such employee under section 206 or section 207 of this title by an employer liable therefor under the provisions of this subsection or (2) legal or equitable relief is sought as a result of alleged violations of section 215(a)(3) of this title. (c) Payment of wages and compensation; waiver of claims; actions by the Secretary; limitation of actions The Secretary is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 206 or section 207 of this title, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. The Secretary may bring an action in any court of competent jurisdiction to recover the amount of unpaid minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) of this section to bring an action by or on behalf of any employee to recover the liability specified in the first sentence of such subsection and of any employee to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 206 and 207 of this title or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b) of this section, unless such action is dismissed without prejudice on motion of the Secretary. Any sums thus recovered by the Secretary of Labor on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of this title, it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action. (d) Savings provisions In any action or proceeding commenced prior to, on, or after August 8, 1956, no employer shall be subject to any liability or punishment under this chapter or the Portal-to-Portal Act of 1947 (29 U.S.C. 251 et seq.) on account of his failure to comply with any provision or provisions of this chapter or such Act (1) with respect to work heretofore or hereafter performed in a workplace to which the exemption in section 213(f) of this title is applicable, (2) with respect to work performed in Guam, the Canal Zone or Wake Island before the effective date of this amendment of subsection (d), or (3) with respect to work performed in a possession named in section 206(a)(3) of this title at any time prior to the establishment by the Secretary, as provided therein, of a minimum wage rate applicable to such work. (e) Civil penalties for child labor violations Any person who violates the provisions of section 212 of this title, relating to child labor, or any regulation issued under that section, shall be subject to a civil penalty of not to exceed $10,000 for each employee who was the subject of such a violation. Any person who repeatedly or willfully violates section 206 or 207 of this title shall be subject to a civil penalty of not to exceed $1,000 for each such violation. In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be - (1) deducted from any sums owing by the United States to the person charged; (2) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or (3) ordered by the court, in an action brought for a violation of section 215(a)(4) of this title or a repeated or willful violation of section 215(a)(2) of this title, to be paid to the Secretary. Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within fifteen days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of title 5, and regulations to be promulgated by the Secretary. Except for civil penalties collected for violations of section 212 of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provisions of section 9a of this title. Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the Treasury. -SOURCE- (June 25, 1938, ch. 676, Sec. 16, 52 Stat. 1069; May 14, 1947, ch. 52, Sec. 5(a), 61 Stat. 87; Oct. 26, 1949, ch. 736, Sec. 14, 63 Stat. 919; 1950 Reorg. Plan No. 6, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263; Aug. 8, 1956, ch. 1035, Sec. 4, 70 Stat. 1118; Aug. 30, 1957, Pub. L. 85-231, Sec. 1(2), 71 Stat. 514; May 5, 1961, Pub. L. 87-30, Sec. 12(a), 75 Stat. 74; Sept. 23, 1966, Pub. L. 89-601, title VI, Sec. 601(a), 80 Stat. 844; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(d)(1), 25(c), 26, 88 Stat. 61, 72, 73; Nov. 1, 1977, Pub. L. 95-151, Sec. 10, 91 Stat. 1252; Nov. 17, 1989, Pub. L. 101-157, Sec. 9, 103 Stat. 945; Nov. 5, 1990, Pub. L. 101-508, title III, Sec. 3103, 104 Stat. 1388-29.) -REFTEXT- REFERENCES IN TEXT The Portal-to-Portal Act of 1947, referred to in subsec. (d), is act May 14, 1947, ch. 52, 61 Stat. 84, as amended, which is classified principally to chapter 9 (Sec. 251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 251 of this title and Tables. The effective date of this amendment of subsection (d), referred to in subsec. (d), occurred upon the expiration of 90 days after Aug. 30, 1957. See section 2 of Pub. L. 85-231, set out as an Effective Date of 1957 Amendment note under section 213 of this title. -MISC2- AMENDMENTS 1990 - Subsec. (e). Pub. L. 101-508 struck out 'or any person who repeatedly or willfully violates section 206 or 207 of this title' after 'issued under that section,' in first sentence, substituted 'not to exceed $10,000 for each employee who was the subject of such a violation' for 'not to exceed $1,000 for each such violation' in first sentence, inserted after first sentence 'Any person who repeatedly or willfully violates section 206 or 207 of this title shall be subject to a civil penalty of not to exceed $1,000 for each such violation.', substituted 'any penalty under this subsection' for 'such penalty' wherever appearing except after 'appropriateness of', substituted 'Except for civil penalties collected for violations of section 212 of this title, sums' for 'Sums' in last sentence, and inserted at end 'Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the Treasury.' 1989 - Subsec. (e). Pub. L. 101-157 inserted 'or any person who repeatedly or willfully violates section 206 or 207 of this title' in introductory provisions and inserted 'or a repeated or willful violation of section 215(a)(2) of this title' in par. (3). 1977 - Subsec. (b). Pub. L. 95-151, Sec. 10(a), (b), inserted provisions relating to violations of section 215(a)(3) of this title by employers, '(1)' after 'section 217 of this title in which', and cl. (2), and substituted 'An action to recover the liability prescribed in either of the preceding sentences' for 'Action to recover such liability'. Subsec. (c). Pub. L. 95-151, Sec. 10(c), inserted 'to recover the liability specified in the first sentence of such subsection' after 'an action by or on behalf of any employee'. 1974 - Subsec. (b). Pub. L. 93-259, Sec. 6(d)(1), substituted in second sentence 'maintained against any employer (including a public agency) in any Federal or State court' for 'maintained in any court'. Subsec. (c). Pub. L. 93-259, Sec. 26, in revising first three sentences, reenacted first sentence, substituting 'Secretary' for 'Secretary of Labor'; included in second sentence provision for an action by the Secretary for liquidated damaged and deleted requirement of a written request by an employee claiming unpaid minimum wages or unpaid overtime compensation with the Secretary of Labor prior to an action by the Secretary and proviso prohibiting any action in any case involving an issue of law not settled finally by the courts and depriving courts of jurisdiction of any action or proceeding involving the issue of law not settled finally; and substituted third sentence 'The right provided by subsection (b) of this section to bring by or on behalf of any employee and of any employees to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 206 and 207 of this title or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b) of this section, unless such action is dismissed without prejudice on motion of the Secretary.' for 'The consent of any employee to the bringing of any such action by the Secretary of Labor, unless such action is dismissed without prejudice on motion of the Secretary of Labor, shall constitute a waiver by such employee of any right of action he may have under subsection (b) of this section for such unpaid wages or unpaid overtime compensation and an additional equal amount as liquidated damages.' Subsec. (e). Pub. L. 93-259, Sec. 25(c), added subsec. (e). 1966 - Subsec. (c). Pub. L. 89-601 substituted 'statutes of limitations' for 'two-year statute of limitations'. 1961 - Subsec. (b). Pub. L. 87-30 provided for termination of right of action upon commencement of injunction proceedings by the Secretary of Labor. 1957 - Subsec. (d). Pub. L. 85-231 added cls. (1) and (2) and designated existing provisions as cl. (3). 1956 - Subsec. (d). Act Aug. 8, 1956, added subsec. (d). 1949 - Subsec. (c). Act Oct. 26, 1949, added subsec. (c). 1947 - Subsec. (b). Act May 14, 1947, struck out provisions relating to the designation by employee or employees of an agent or representative to maintain an action under this section for and on behalf of all employees similarly situated and inserted provisions relating to the requirement that no employee shall be a party plaintiff unless he gives his consent in writing and such consent is filed with the court. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section 15(a) of Pub. L. 95-151, set out as a note under section 203 of this title. 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. 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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 expiration 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. EFFECTIVE DATE OF 1947 AMENDMENT Section 5(b) of act May 14, 1947, provided that: 'The amendment made by subsection (a) of this section (amending this section) shall be applicable only with respect to actions commenced under the Fair Labor Standards Act of 1938, as amended (this chapter), on or after the date of the enactment of this Act (May 14, 1947).' -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration 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, Sec. 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 exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -MISC5- LIABILITY OF STATE, POLITICAL SUBDIVISION, OR INTERSTATE GOVERNMENTAL AGENCY FOR VIOLATIONS BEFORE APRIL 15, 1986, RESPECTING ANY EMPLOYEE NOT COVERED UNDER SPECIAL ENFORCEMENT POLICY Pub. L. 99-150, Sec. 2(c)(1), Nov. 13, 1985, 99 Stat. 788, provided that: 'No State, political subdivision of a State, or interstate governmental agency shall be liable under section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) for a violation of section 6 (29 U.S.C. 206) (in the case of a territory or possession of the United States), 7 (29 U.S.C. 207), or 11(c) (29 U.S.C. 211(c)) (as it relates to section 7) of such Act occurring before April 15, 1986, with respect to any employee of the State, political subdivision, or agency who would not have been covered by such Act (this chapter) under the Secretary of Labor's special enforcement policy on January 1, 1985, and published in sections 775.2 and 775.4 of title 29 of the Code of Federal Regulations.' EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT POLICY Pub. L. 99-150, Sec. 7, Nov. 13, 1985, 99 Stat. 791, provided that: 'The amendments made by this Act (see Short Title of 1985 Amendment note set out under section 201 of this title) shall not affect whether a public agency which is a State, political subdivision of a State, or an interstate governmental agency is liable under section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) for a violation of section 6, 7, or 11 of such Act (29 U.S.C. 206, 207, 211) occurring before April 15, 1986, with respect to any employee of such public agency who would have been covered by such Act (this chapter) under the Secretary of Labor's special enforcement policy on January 1, 1985, and published in section 775.3 of title 29 of the Code of Federal Regulations.' 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 enactment 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. CONSTRUCTION OF 1949 AMENDMENTS WITH PORTAL-TO-PORTAL ACT OF 1947 Section 16(b) of act Oct. 26, 1949, provided that: 'Except as provided in section 3(o) (section 203(o) of this title) and in the last sentence of section 16(c) of the Fair Labor Standards Act of 1938, as amended (section 216(e) of this title), no amendment made by this Act (amending sections 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 Section 16(d) of act Oct. 26, 1949, 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. -CROSS- CROSS REFERENCES Amount in controversy immaterial in action arising under act of Congress regulating commerce, see Historical and Revision Notes set out under section 1331 of Title 28, Judiciary and Judicial Procedure. Applicability of 'area of production' regulations to employers, see section 261 of this title. Determination of commencement of future actions, see section 256 of this title. Extra compensation creditable toward overtime compensation, see section 207 of this title. Injunction by Secretary of Labor to restrain violations of section 215 of this title, see section 217 of this title. Jurisdiction of actions arising under act of Congress regulating commerce, see section 1337 of Title 28, Judiciary and Judicial Procedure. Jurisdiction of claims compensable by contract or custom, see section 252 of this title. Liability for overtime work performed prior to July 20, 1949, see section 216b of this title. Liability of employers to United States for violation of Walsh-Healey Act, see section 36 of Title 41, Public Contracts. Limitation of action under this section, commenced on or after May 14, 1947, see section 255 of this title. Liquidated damages denied where employer establishes defense of good faith, see section 260 of this title. Minimum wages payable to employees, see section 206 of this title. Rate of compensation for overtime, see section 207 of this title. Reliance by employer in future on administrative rulings as defense, see section 259 of this title. Reliance by employer on past administrative rulings as defense, see section 258 of this title. Removal of actions from State courts, see section 1441 et seq. of Title 28, Judiciary and Judicial Procedure. Venue of action not founded on diversity of citizenship, see section 1391 of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 255, 260, 626 of this title; title 5 sections 7702, 7703. ------DocID 37711 Document 180 of 944------ -CITE- 29 USC Sec. 216a -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 216a. Repealed. Oct. 26, 1949, ch. 736, Sec. 16(f), 63 Stat. 920 -MISC1- Section, act July 20, 1949, ch. 352, Sec. 2, 63 Stat. 446, related to liability for overtime work performed prior to July 20, 1949. See section 216b of this title. ------DocID 37712 Document 181 of 944------ -CITE- 29 USC Sec. 216b -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 216b. Liability for overtime work performed prior to July 20, 1949 -STATUTE- No employer shall be subject to any liability or punishment under this chapter (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 compensation 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 subsections (d)(6), (7) and (g) of section 207 of this title been in effect at the time of such payment. -SOURCE- (Oct. 26, 1949, ch. 736, Sec. 16(e), 63 Stat. 920.) -COD- CODIFICATION Section was enacted as part of the Fair Labor Standards Amendments of 1949, and not as part of the Fair Labor Standards Act of 1938 which comprises this chapter. 'January 24, 1950' substituted in text for 'the effective date of this Act'. See Effective Date of 1949 Amendment note set out under section 202 of this title. ------DocID 37713 Document 182 of 944------ -CITE- 29 USC Sec. 217 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 217. Injunction proceedings -STATUTE- The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations 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 commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title). -SOURCE- (June 25, 1938, ch. 676, Sec. 17, 52 Stat. 1069; Oct. 26, 1949, ch. 736, Sec. 15, 63 Stat. 919; Aug. 30, 1957, Pub. L. 85-231, Sec. 1(3), 71 Stat. 514; July 12, 1960, Pub. L. 86-624, Sec. 21(c), 74 Stat. 417; May 5, 1961, Pub. L. 87-30, Sec. 12(b), 75 Stat. 74.) -MISC1- AMENDMENTS 1961 - Pub. L. 87-30 substituted ', 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 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 Administrator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid overtime compensation or an additional equal amount as liquidated damages in such action'. 1960 - Pub. L. 86-624 struck out reference to the District Court for Territory of Alaska. 1957 - Pub. L. 85-231 included the District Court of Guam within the enumeration of courts having jurisdiction of injunction proceedings. 1949 - Act Oct. 26, 1949, included a more precise description of United States courts having jurisdiction to restrain violations and inserted proviso denying jurisdiction to order payment of unpaid minimum wages, overtime, and liquidated damages in injunction proceedings. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-30 effective upon expiration 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 expiration 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. -TRANS- 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 'transition period', being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and Intercourse. TRANSFER OF FUNCTIONS Functions relating to enforcement and administration 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, Sec. 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. -CROSS- CROSS REFERENCES Action by employee to recover unpaid minimum wages or unpaid overtime compensation and liquidated damages, see section 216 of this title. Action by Secretary of Labor to recover unpaid minimum wages or unpaid overtime compensation and liquidated damages, see section 216 of this title. Child labor provisions, see section 212 of this title. Criminal penalty for violation of section 215 of this title, see section 216 of this title. Duty of employer to keep and preserve employment records, see section 211 of this title. Prohibited acts; prima facie evidence, see section 215 of this title. Secretary of Labor authorized to bring all actions under this section to enjoin unlawful child labor acts or practices, see section 212 of this title. Secretary of Labor authorized to bring all injunctive actions under this section to restrain violations of this chapter, see section 211 of this title. Venue of action not founded on diversity of citizenship, see section 1391 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 212, 216, 626 of this title. ------DocID 37714 Document 183 of 944------ -CITE- 29 USC Sec. 218 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 218. Relation to other laws -STATUTE- (a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance 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 minimum 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 nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted 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 compensation set at an hourly rate not less than the overtime rate provided for in section 207(a)(1) of this title. -SOURCE- (June 25, 1938, ch. 676, Sec. 18, 52 Stat. 1069; Sept. 23, 1966, Pub. L. 89-601, title III, Sec. 306, 80 Stat. 841; Sept. 11, 1967, Pub. L. 90-83, Sec. 8, 81 Stat. 222.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -MISC2- 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). 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 enactment 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. ------DocID 37715 Document 184 of 944------ -CITE- 29 USC Sec. 219 -EXPCITE- TITLE 29 CHAPTER 8 -HEAD- Sec. 219. Separability -STATUTE- If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby. -SOURCE- (June 25, 1938, ch. 676, Sec. 19, 52 Stat. 1069.) ------DocID 37716 Document 185 of 944------ -CITE- 29 USC CHAPTER 9 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- CHAPTER 9 - PORTAL-TO-PORTAL PAY -MISC1- Sec. 251. Congressional findings and declaration of policy. 252. Relief from certain existing claims under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the Bacon-Davis Act. (a) Liability of employer. (b) Compensable activity. (c) Time of employment. (d) Jurisdiction. (e) Assignment of actions. 253. Compromise and waiver. (a) Compromise of certain existing claims under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act; limitations. (b) Waiver of liquidated damages under the Fair Labor Standards Act of 1938. (c) Satisfaction. (d) Retroactive effect of section. (e) 'Compromise' defined. 254. Relief from liability and punishment under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, and the Bacon-Davis Act for failure to pay minimum wage or overtime compensation. (a) Activities not compensable. (b) Compensability by contract or custom. (c) Restriction on activities compensable under contract or custom. (d) Determination of time employed with respect to activities. 255. Statute of limitations. 256. Determination of commencement of future actions. 257. Pending collective and representative actions. 258. Reliance on past administrative rulings, etc. 259. Reliance in future on administrative rulings, etc. 260. Liquidated damages. 261. Applicability of 'area of production' regulations. 262. Definitions. ------DocID 37717 Document 186 of 944------ -CITE- 29 USC Sec. 251 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 251. Congressional findings and declaration of policy -STATUTE- (a) The Congress finds that the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), has been interpreted judicially in disregard of long-established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers with the results that, if said Act as so interpreted or claims arising under such interpretations were permitted to stand, (1) the payment of such liabilities would bring about financial ruin of many employers and seriously impair the capital resources of many others, thereby resulting in the reduction of industrial operations, halting of expansion and development, curtailing employment, and the earning power of employees; (2) the credit of many employers would be seriously impaired; (3) there would be created both an extended and continuous uncertainty on the part of industry, both employer and employee, as to the financial condition of productive establishments and a gross inequality of competitive conditions between employers and between industries; (4) employees would receive windfall payments, including liquidated damages, of sums for activities performed by them without any expectation of reward beyond that included in their agreed rates of pay; (5) there would occur the promotion of increasing demands for payment to employees for engaging in activities no compensation for which had been contemplated by either the employer or employee at the time they were engaged in; (6) voluntary collective bargaining would be interfered with and industrial disputes between employees and employers and between employees and employees would be created; (7) the courts of the country would be burdened with excessive and needless litigation and champertous practices would be encouraged; (8) the Public Treasury would be deprived of large sums of revenues and public finances would be seriously deranged by claims against the Public Treasury for refunds of taxes already paid; (9) the cost to the Government of goods and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the Public Treasury would be seriously affected by consequent increased cost of war contracts; and (10) serious and adverse effects upon the revenues of Federal, State, and local governments would occur. The Congress further finds that all of the foregoing constitutes a substantial burden on commerce and a substantial obstruction to the free flow of goods in commerce. The Congress, therefore, further finds and declares that it is in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this chapter be enacted. The Congress further finds that the varying and extended periods of time for which, under the laws of the several States, potential retroactive liability may be imposed upon employers, have given and will give rise to great difficulties in the sound and orderly conduct of business and industry. The Congress further finds and declares that all of the results which have arisen or may arise under the Fair Labor Standards Act of 1938, as amended, as aforesaid, may (except as to liability for liquidated damages) arise with respect to the Walsh-Healey (41 U.S.C. 35 et seq.) and Bacon-Davis (40 U.S.C. 276a et seq.) Acts and that it is, therefore, in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this chapter shall apply to the Walsh-Healey Act and the Bacon-Davis Act. (b) It is declared to be the policy of the Congress in order to meet the existing emergency and to correct existing evils (1) to relieve and protect interstate commerce from practices which burden and obstruct it; (2) to protect the right of collective bargaining; and (3) to define and limit the jurisdiction of the courts. -SOURCE- (May 14, 1947, ch. 52, Sec. 1, 61 Stat. 84.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. This chapter, referred to in subsec. (a), was in the original 'this Act', meaning act May 14, 1947, ch. 52, 61 Stat. 84, as amended, known as the Portal-to-Portal Act of 1947, which enacted this chapter and amended section 216 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in subsec. (a), are defined for purposes of this chapter in section 262 of this title. -MISC2- SHORT TITLE Section 15 of act May 14, 1947, provided that: 'This Act (enacting this chapter and amending section 216 of this title) may be cited as the 'Portal-to-Portal Act of 1947'.' SEPARABILITY Section 14 of act May 14, 1947, provided: 'If any provision of this Act (see Short Title note above) or the application of such provision to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.' ------DocID 37718 Document 187 of 944------ -CITE- 29 USC Sec. 252 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 252. Relief from certain existing claims under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the Bacon-Davis Act -STATUTE- (a) Liability of employer 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.) the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.) (in any action or proceeding commenced prior to or on or after May 14, 1947), on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of any activity of an employee engaged in prior to May 14, 1947, except an activity which was compensable by either - (1) an express provision of a written or nonwritten contract in effect, at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer; or (2) a custom or practice in effect, at the time of such activity, at the establishment or other place where such employee was employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer. (b) Compensable activity For the purposes of subsection (a) of this section, an activity shall be considered as compensable under such contract provision or such custom or practice only when it was engaged in during the portion of the day with respect to which it was so made compensable. (c) Time of employment In the application of the minimum wage and overtime compensation provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), of the Walsh-Healey Act (41 U.S.C. 35 et seq.), or of the Bacon-Davis Act (40 U.S.C. 276a et seq.), in determining the time for which an employer employed an employee there shall be counted all that time, but only that time, during which the employee engaged in activities which were compensable within the meaning of subsections (a) and (b) of this section. (d) Jurisdiction No court of the United States, of any State, Territory, or possession of the United States, or of the District of Columbia, shall have jurisdiction of any action or proceeding, whether instituted prior to or on or after May 14, 1947, to enforce liability or impose punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), under the Walsh-Healey Act (41 U.S.C. 35 et seq.), or under the Bacon-Davis Act (40 U.S.C. 276a et seq.), to the extent that such action or proceeding seeks to enforce any liability or impose any punishment with respect to an activity which was not compensable under subsections (a) and (b) of this section. (e) Assignment of actions No cause of action based on unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), which accrued prior to May 14, 1947, or any interest in such cause of action, shall hereafter be assignable, in whole or in part, to the extent that such cause of action is based on an activity which was not compensable within the meaning of subsections (a) and (b) of this section. -SOURCE- (May 14, 1947, ch. 52, Sec. 2, 61 Stat. 85.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsecs. (a), (c) to (e), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in subsecs. (a), (c) to (e), are defined for purposes of this chapter in section 262 of this title. -CROSS- CROSS REFERENCES Action by employee for recovery of unpaid minimum wages or unpaid overtime compensation and liquidated damages under Fair Labor Standards Act, see section 216 of this title. Action by employee of Government contractor under Bacon-Davis Act for wages against contractor and sureties, see section 276a-2 of Title 40, Public Buildings, Property, and Works. Action by Secretary of Labor for recovery of unpaid minimum wages or unpaid overtime compensation and liquidated damages under Fair Labor Standards Act, see section 216 of this title. Action by United States against contractor for liquidated damages for violation of Walsh-Healey Act, see section 36 of Title 41, Public Contracts. Liability of employer for activities compensable by express contract or custom or practice, see section 254 of this title. Maximum hours - Fair Labor Standards Act, see section 207 of this title. Walsh-Healey Act, see section 35 of Title 41, Public Contracts. Minimum wages - Bacon-Davis Act, see section 276a of Title 40, Public Buildings, Property, and Works. Fair Labor Standards Act, see section 216 of this title. Walsh-Healey Act, see section 35 of Title 41, Public Contracts. Rate of overtime compensation - Fair Labor Standards Act, see section 207 of this title. Walsh-Healey Act, see section 40 of Title 41, Public Contracts. ------DocID 37719 Document 188 of 944------ -CITE- 29 USC Sec. 253 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 253. Compromise and waiver -STATUTE- (a) Compromise of certain existing claims under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act; limitations Any cause of action under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), which accrued prior to May 14, 1947, or any action (whether instituted prior to or on or after May 14, 1947) to enforce such a cause of action, may hereafter be compromised in whole or in part, if there exists a bona fide dispute as to the amount payable by the employer to his employee; except that no such action or cause of action may be so compromised to the extent that such compromise is based on an hourly wage rate less than the minimum required under such Act, or on a payment for overtime at a rate less than one and one-half times such minimum hourly wage rate. (b) Waiver of liquidated damages under Fair Labor Standards Act of 1938 Any employee may hereafter waive his right under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), to liquidated damages, in whole or in part, with respect to activities engaged in prior to May 14, 1947. (c) Satisfaction Any such compromise or waiver, in the absence of fraud or duress, shall, according to the terms thereof, be a complete satisfaction of such cause of action and a complete bar to any action based on such cause of action. (d) Retroactive effect of section The provisions of this section shall also be applicable to any compromise or waiver heretofore so made or given. (e) 'Compromise' defined As used in this section, the term 'compromise' includes 'adjustment', 'settlement', and 'release'. -SOURCE- (May 14, 1947, ch. 52, Sec. 3, 61 Stat. 86.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsecs. (a) and (b), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in subsec. (a), are defined for purposes of this chapter in section 262 of this title. ------DocID 37720 Document 189 of 944------ -CITE- 29 USC Sec. 254 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 254. Relief from liability and punishment under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, and the Bacon-Davis Act for failure to pay minimum wage or overtime compensation -STATUTE- (a) Activities not compensable Except as provided in subsection (b) of ths section, 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.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of any of the following activities of such employee engaged in on or after May 14, 1947 - (1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and (2) activities which are preliminary to or postliminary to said principal activity or activities, which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities. (b) Compensability by contract or custom Notwithstanding the provisions of subsection (a) of this section which relieve an employer from liability and punishment with respect to any activity, the employer shall not be so relieved if such activity is compensable by either - (1) an express provision of a written or nonwritten contract in effect, at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer; or (2) a custom or practice in effect, at the time of such activity, at the establishment or other place where such employee is employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer. (c) Restriction on activities compensable under contract or custom For the purposes of subsection (b) of this section, an activity shall be considered as compensable under such contract provision or such custom or practice only when it is engaged in during the portion of the day with respect to which it is so made compensable. (d) Determination of time employed with respect to activities In the application of the minimum wage and overtime compensation provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), of the Walsh-Healey Act (41 U.S.C. 35 et seq.), or of the Bacon-Davis Act (40 U.S.C. 276a et seq.), in determining the time for which an employer employs an employee with respect to walking, riding, traveling, or other preliminary or postliminary activities described in subsection (a) of this section, there shall be counted all that time, but only that time, during which the employee engages in any such activity which is compensable within the meaning of subsections (b) and (c) of this section. -SOURCE- (May 14, 1947, ch. 52, Sec. 4, 61 Stat. 86.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsecs. (a) and (d), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in subsecs. (a) and (d), are defined for purposes of this chapter in section 262 of this title. -CROSS- CROSS REFERENCES Exclusion from hours worked of time spent changing clothes or washing up, see section 203 of this title. ------DocID 37721 Document 190 of 944------ -CITE- 29 USC Sec. 255 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 255. Statute of limitations -STATUTE- Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.) - (a) if the cause of action accrues on or after May 14, 1947 - may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; (b) if the cause of action accrued prior to May 14, 1947 - may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c) of this section, every such action shall be forever barred unless commenced within the shorter of such two periods; (c) if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b) of this section if it is commenced within one hundred and twenty days after May 14, 1947 unless at the time commenced it is barred by an applicable State statute of limitations; (d) with respect to any cause of action brought under section 216(b) of this title against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judgment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction. -SOURCE- (May 14, 1947, ch. 52, Sec. 6, 61 Stat. 87; Sept. 23, 1966, Pub. L. 89-601, title VI, Sec. 601(b), 80 Stat. 844; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(d)(2)(A), 88 Stat. 61.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsecs. (a) and (d), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in subsec. (a), are defined for purposes of this chapter in section 262 of this title. Effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (d), means May 1, 1974, except as otherwise specifically provided, under provisions of section 29(a) of Pub. L. 93-259, set out as an Effective Date of 1974 Amendment note under section 202 of this title. -MISC2- AMENDMENTS 1974 - Subsec. (d). Pub. L. 93-259 added subsec. (d). 1966 - Subsec. (a). Pub. L. 89-601 inserted provision allowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued. 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. 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 enactment 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. -CROSS- CROSS REFERENCES Time when action by Administrator of the Wage and Hour Division is deemed to be commenced for purposes of subsec. (a) of this section, see section 216 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 216, 217, 256, 257, 262, 626 of this title. ------DocID 37722 Document 191 of 944------ -CITE- 29 USC Sec. 256 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 256. Determination of commencement of future actions -STATUTE- In determining when an action is commenced for the purposes of section 255 of this title, an action commenced on or after May 14, 1947 under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the case of any individual claimant - (a) on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or (b) if such written consent was not so filed or if his name did not so appear - on the subsequent date on which such written consent is filed in the court in which the action was commenced. -SOURCE- (May 14, 1947, ch. 52, Sec. 7, 61 Stat. 88.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in text, are defined for purposes of this chapter in section 262 of this title. ------DocID 37723 Document 192 of 944------ -CITE- 29 USC Sec. 257 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 257. Pending collective and representative actions -STATUTE- The statute of limitations prescribed in section 255(b) of this title shall also be applicable (in the case of a collective or representative action commenced prior to May 14, 1947 under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.)) to an individual claimant who has not been specifically named as a party plaintiff to the action prior to the expiration of one hundred and twenty days after May 14, 1947. In the application of such statute of limitations such action shall be considered to have been commenced as to him when, and only when, his written consent to become a party plaintiff to the action is filed in the court in which the action was brought. -SOURCE- (May 14, 1947, ch. 52, Sec. 8, 61 Stat. 88.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. ------DocID 37724 Document 193 of 944------ -CITE- 29 USC Sec. 258 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 258. Reliance on past administrative rulings, etc. -STATUTE- In any action or proceeding commenced prior to or on or after May 14, 1947 based on any act or omission prior to May 14, 1947, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any administrative regulation, order, ruling, approval, or interpretation, of any agency of the United States, or any administrative practice or enforcement policy of any such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. -SOURCE- (May 14, 1947, ch. 52, Sec. 9, 61 Stat. 88.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in text, are defined for purposes of this chapter in section 262 of this title. ------DocID 37725 Document 194 of 944------ -CITE- 29 USC Sec. 259 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 259. Reliance in future on administrative rulings, etc. -STATUTE- (a) In any action or proceeding based on any act or omission on or after May 14, 1947, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), the Walsh-Healey Act (41 U.S.C. 35 et seq.), or the Bacon-Davis Act (40 U.S.C. 276a et seq.), if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative regulation, order, ruling, approval, or interpretation, of the agency of the United States specified in subsection (b) of this section, or any administrative practice or enforcement policy of such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. (b) The agency referred to in subsection (a) of this section shall be - (1) in the case of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.) - the Administrator of the Wage and Hour Division of the Department of Labor; (2) in the case of the Walsh-Healey Act (41 U.S.C. 35 et seq.) - the Secretary of Labor, or any Federal officer utilized by him in the administration of such Act; and (3) in the case of the Bacon-Davis Act (40 U.S.C. 276a et seq.) - the Secretary of Labor. -SOURCE- (May 14, 1947, ch. 52, Sec. 10, 61 Stat. 89.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in text, are defined for purposes of this chapter in section 262 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions relating to enforcement and administration of equal pay provisions vested by subsec. (b)(1) of this section in Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, Sec. 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 exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 626 of this title. ------DocID 37726 Document 195 of 944------ -CITE- 29 USC Sec. 260 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 260. Liquidated damages -STATUTE- In any action commenced prior to or on or after May 14, 1947 to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 216 of this title. -SOURCE- (May 14, 1947, ch. 52, Sec. 11, 61 Stat. 89; Apr. 8, 1974, Pub. L. 93-259, Sec. 6(d)(2)(B), 88 Stat. 62.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. -MISC2- AMENDMENTS 1974 - Pub. L. 93-259 substituted 'section 216 of this title' for 'section 216(b) of this title'. 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. ------DocID 37727 Document 196 of 944------ -CITE- 29 USC Sec. 261 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 261. Applicability of 'area of production' regulations -STATUTE- 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.), on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of an activity engaged in by such employee prior to December 26, 1946, if such employer - (1) was not so subject by reason of the definition of an 'area of production', by a regulation of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or (2) would not have been so subject if the regulation signed on December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been in force on and after October 24, 1938. -SOURCE- (May 14, 1947, ch. 52, Sec. 12, 61 Stat. 89.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37728 Document 197 of 944------ -CITE- 29 USC Sec. 262 -EXPCITE- TITLE 29 CHAPTER 9 -HEAD- Sec. 262. Definitions -STATUTE- (a) When the terms 'employer', 'employee', and 'wage' are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), they shall have the same meaning as when used in such Act of 1938. (b) When the term 'employer' is used in this chapter in relation to the Walsh-Healey Act (41 U.S.C. 35 et seq.) or Bacon-Davis Act (40 U.S.C. 276a et seq.) it shall mean the contractor or subcontractor covered by such Act. (c) When the term 'employee' is used in this chapter in relation to the Walsh-Healey Act (41 U.S.C. 35 et seq.) or the Bacon-Davis Act (40 U.S.C. 276a et seq.) it shall mean any individual employed by the contractor or subcontractor covered by such Act in the performance of his contract or subcontract. (d) The term 'Wash-Healey Act' (FOOTNOTE 1) means the Act entitled 'An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes', approved June 30, 1936 (49 Stat. 2036), as amended (41 U.S.C. 35 et seq.); and the term 'Bacon-Davis Act' means the Act entitled 'An Act to amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings', approved August 30, 1935 (49 Stat. 1011), as amended (40 U.S.C. Sec. 276a et seq.). (FOOTNOTE 1) So in original. Probably should be 'Walsh-Healey Act'. (e) As used in section 255 of this title the term 'State' means any State of the United States or the District of Columbia or any Territory or possession of the United States. -SOURCE- (May 14, 1947, ch. 52, Sec. 13, 61 Stat. 90.) -REFTEXT- REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, referred to in subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of this title. For complete classification of this Act to the Code, see see section 201 of this title and Tables. The 'Bacon-Davis Act', which is defined for purposes of this chapter in subsec. (d), is generally known as the 'Davis-Bacon Act'. See Short Title note set out under section 276a of Title 40, Public Buildings, Property, and Works. ------DocID 37729 Document 198 of 944------ -CITE- 29 USC CHAPTER 10 -EXPCITE- TITLE 29 CHAPTER 10 -HEAD- CHAPTER 10 - DISCLOSURE OF WELFARE AND PENSION PLANS ------DocID 37730 Document 199 of 944------ -CITE- 29 USC Sec. 301 to 309 -EXPCITE- TITLE 29 CHAPTER 10 -HEAD- Sec. 301 to 309. Repealed. Pub. L. 93-406, title I, Sec. 111(a)(1), Sept. 2, 1974, 88 Stat. 851 -MISC1- Section 301, Pub. L. 85-836, Sec. 2, Aug. 28, 1958, 72 Stat. 997, set forth Congressional findings and policy with respect to welfare and pension plan disclosure. See section 1001 of this title. Section 302, Pub. L. 85-836, Sec. 3, Aug. 28, 1958, 72 Stat. 997; Pub. L. 86-624, Sec. 21(d), July 12, 1960, 74 Stat. 417; Pub. L. 87-420, Sec. 2-5, Mar. 20, 1962, 76 Stat. 35, provided definitions for this chapter. See section 1002 of this title. Section 303, Pub. L. 85-836, Sec. 4, Aug. 28, 1958, 72 Stat. 998; Pub. L. 87-420, Sec. 6, Mar. 20, 1962, 76 Stat. 35, related to plans covered within chapter. See section 1003 of this title. Section 304, Pub. L. 85-836, Sec. 5, Aug. 28, 1958, 72 Stat. 998; Pub. L. 87-420, Sec. 7, Mar. 20, 1962, 76 Stat. 36, related to duties of administrator and definition of 'administrator'. See sections 1002(16)(A) and 1021 of this title. Section 305, Pub. L. 85-836, Sec. 6, Aug. 28, 1958, 72 Stat. 999; Pub. L. 87-420, Sec. 8, Mar. 20, 1962, 76 Stat. 36, related to time for publication and contents of plan. See section 1022 of this title. Section 306, Pub. L. 85-836, Sec. 7, Aug. 28, 1958, 72 Stat. 1000; Pub. L. 87-420, Sec. 9-13, Mar. 20, 1962, 76 Stat. 36, 37, related to time for publication, contents, etc., of annual reports. See section 1023 of this title. Section 307, Pub. L. 85-836, Sec. 8, Aug. 28, 1958, 72 Stat. 1002; Pub. L. 87-420, Sec. 14, 18, Mar. 20, 1962, 76 Stat. 37, 43, related to publication of description of plan and annual report. See section 1024 of this title. Section 308, Pub. L. 85-836, Sec. 9, Aug. 28, 1958, 72 Stat. 1002; Pub. L. 87-420, Sec. 15, Mar. 20, 1962, 76 Stat. 37, related to enforcement provisions. See section 1131 et seq. of this title. Section 308a, Pub. L. 85-836, Sec. 10, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 38, related to reports as public information. See section 1026 of this title. Section 308b, Pub. L. 85-836, Sec. 11, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 38, related to retention of records. See section 1027 of this title. Section 308c, Pub. L. 85-836, Sec. 12, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 38, related to reliance on administrative interpretations and forms. See section 1028 of this title. Section 308d, Pub. L. 85-836, Sec. 13, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 39, related to bonding requirements. See section 1112 of this title. Section 308e, Pub. L. 85-836, Sec. 14, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 40, related to establishment, membership, duties, etc., of Advisory Council on Employee Welfare and Pension Benefit Plans. See section 1142 of this title. Section 308f, Pub. L. 85-836, Sec. 15, as added Pub. L. 87-420, Sec. 16(a), Mar. 20, 1962, 76 Stat. 41, related to administration of provisions of chapter. See section 1137 of this title. Section 309, Pub. L. 85-836, Sec. 16, formerly Sec. 10, Aug. 28, 1958, 72 Stat. 1002, renumbered and amended Pub. L. 87-420, Sec. 16(a), (b), Mar. 20, 1962, 76 Stat. 38, 41, related to effect of other laws on provisions of this chapter. See section 1144 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1975, except that chapter to remain applicable to any conduct and events which occurred before Jan. 1, 1975, see section 1031 of this title. The Secretary of Labor was empowered, in the case of a plan which has a plan year which begins before Jan. 1, 1975, and ends after Dec. 31, 1974, to postpone by regulation the effective date of the repeal of any provision of this chapter until the beginning of the first plan year of such plan which begins after Jan. 1, 1975, pursuant to section 1031(b)(2) of this title. ------DocID 37731 Document 200 of 944------ -CITE- 29 USC CHAPTER 11 -EXPCITE- TITLE 29 CHAPTER 11 -HEAD- CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 401. Congressional declaration of findings, purposes, and policy. (a) Standards for labor-management relations. (b) Protection of rights of employees and the public. (c) Necessity to eliminate or prevent improper practices. 402. Definitions. SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS 411. Bill of rights; constitution and bylaws of labor organizations. (a)(1) Equal rights. (2) Freedom of speech and assembly. (3) Dues, initiation fees, and assessments. (4) Protection of the right to sue. (5) Safeguards against improper disciplinary action. (b) Invalidity of constitution and bylaws. 412. Civil action for infringement of rights; jurisdiction. 413. Retention of existing rights of members. 414. Right to copies of collective bargaining agreements. 415. Information to members of provisions of chapter. SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS 431. Report of labor organizations. (a) Adoption and filing of constitution and bylaws; contents of report. (b) Annual financial report; filing; contents. (c) Availability of information to members; examination of books, records, and accounts. 432. Report of officers and employees of labor organizations. (a) Filing; contents of report. (b) Report of certain bona fide investments. (c) Exemption from filing requirement. 433. Report of employers. (a) Filing and contents of report of payments, loans, promises, agreements, or arrangements. (b) Persuasive activities relating to the right to organize and bargain collectively; supplying information of activities in connection with labor disputes; filing and contents of report of agreement or arrangement. (c) Advisory or representative services exempt from filing requirements. (d) Exemption from filing requirements generally. (e) Services by and payments to regular officers, supervisors, and employees of employer. (f) Rights protected by section 158(c) of this title. (g) 'Interfere with, restrain, or coerce' defined. 434. Exemption of attorney-client communications. 435. Reports and documents as public information. (a) Publication; statistical and research purposes. (b) Inspection and examination of information and data. (c) Copies of reports or documents; availability to State agencies. 436. Retention of records. 437. Time for making reports. 438. Rules and regulations; simplified reports. 439. Violations and penalties. (a) Willful violations of provisions of subchapter. (b) False statements or representations of fact with knowledge of falsehood. (c) False entry in or willful concealment, etc., of books and records. (d) Personal responsibility of individuals required to sign reports. 440. Civil action for enforcement by Secretary; jurisdiction. 441. Surety company reports; contents; waiver or modification of requirements respecting contents of reports. SUBCHAPTER IV - TRUSTEESHIPS 461. Reports. (a) Filing and contents; annual financial report. (b) Applicability of other laws. (c) Penalty for violations. (d) False statements and entries; failure to disclose material facts; withholding, concealing or destroying documents, books, records, reports, or statements; penalty. (e) Personal liability. 462. Purposes for establishment of trusteeship. 463. Unlawful acts relating to labor organization under trusteeship. 464. Civil action for enforcement. (a) Complaint; investigation; commencement of action by Secretary, member or subordinate body of labor organization; jurisdiction. (b) Venue. (c) Presumptions of validity or invalidity of trusteeship. 465. Report to Congress. 466. Additional rights and remedies; exclusive jurisdiction of district court; res judicata. SUBCHAPTER V - ELECTIONS 481. Terms of office and election procedures. (a) Officers of national or international labor organizations; manner of election. (b) Officers of local labor organizations; manner of election. (c) Requests for distribution of campaign literature; civil action for enforcement; jurisdiction; inspection of membership lists; adequate safeguards to insure fair election. (d) Officers of intermediate bodies; manner of election. (e) Nomination of candidates; eligibility; notice of election; voting rights; counting and publication of results; preservation of ballots and records. (f) Election of officers by convention of delegates; manner of conducting convention; preservation of records. (g) Use of dues, assessments or similar levies, and funds of employer for promotion of candidacy of person. (h) Removal of officers guilty of serious misconduct. (i) Rules and regulations for determining adequacy of removal procedures. 482. Enforcement. (a) Filing of complaint; presumption of validity of challenged election. (b) Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation of assets. (c) Declaration of void election; order for new election; certification of election to court; decree; certification of result of vote for removal of officers. (d) Review of orders; stay of order directing election. 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election. SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS 501. Fiduciary responsibility of officers of labor organizations. (a) Duties of officers; exculpatory provisions and resolutions void. (b) Violation of duties; action by member after refusal or failure by labor organization to commence proceedings; jurisdiction; leave of court; counsel fees and expenses. (c) Embezzlement of assets; penalty. 502. Bonding of officers and employees of labor organizations; amount, form, and placement of bonds; penalty for violation. 503. Financial transactions between labor organization and officers and employees. (a) Direct and indirect loans. (b) Direct or indirect payment of fines. (c) Penalty for violations. 504. Prohibition against certain persons holding office. (a) Membership in Communist Party; persons convicted of robbery, bribery, etc. (b) Penalty for violations. (c) Definitions. (d) Salary of person barred from labor organization office during appeal of conviction. SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 521. Investigations by Secretary; applicability of other laws. 522. Extortionate picketing; penalty for violation. 523. Retention of rights under other Federal and State laws. 524. Effect on State laws. 524a. Elimination of racketeering activities threat; State legislation governing collective bargaining representative. 525. Service of process. 526. Applicability of administrative procedure provisions. 527. Cooperation with other agencies and departments. 528. Criminal contempt. 529. Prohibition on certain discipline by labor organization. 530. Deprivation of rights by violence; penalty. 531. Separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 186, 1111 of this title; title 39 section 1209; title 42 section 2000e. ------DocID 37732 Document 201 of 944------ -CITE- 29 USC SUBCHAPTER I -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 37733 Document 202 of 944------ -CITE- 29 USC Sec. 401 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 401. Congressional declaration of findings, purposes, and policy -STATUTE- (a) Standards for labor-management relations The Congress finds that, in the public interest, it continues to be the responsibility of the Federal Government to protect employees' rights to organize, choose their own representatives, bargain collectively, and otherwise engage in concerted activities for their mutual aid or protection; that the relations between employers and labor organizations and the millions of workers they represent have a substantial impact on the commerce of the Nation; and that in order to accomplish the objective of a free flow of commerce it is essential that labor organizations, employers, and their officials adhere to the highest standards of responsibility and ethical conduct in administering the affairs of their organizations, particularly as they affect labor-management relations. (b) Protection of rights of employees and the public The Congress further finds, from recent investigations in the labor and management fields, that there have been a number of instances of breach of trust, corruption, disregard of the rights of individual employees, and other failures to observe high standards of responsibility and ethical conduct which require further and supplementary legislation that will afford necessary protection of the rights and interests of employees and the public generally as they relate to the activities of labor organizations, employers, labor relations consultants, and their officers and representatives. (c) Necessity to eliminate or prevent improper practices The Congress, therefore, further finds and declares that the enactment of this chapter is necessary to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives which distort and defeat the policies of the Labor Management Relations Act, 1947, as amended (29 U.S.C. 141 et seq.), and the Railway Labor Act, as amended (45 U.S.C. 151 et seq.), and have the tendency or necessary effect of burdening or obstructing commerce by (1) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (2) occurring in the current of commerce; (3) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods into or from the channels of commerce, or the prices of such materials or goods in commerce; or (4) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing into or from the channels of commerce. -SOURCE- (Pub. L. 86-257, Sec. 2, Sept. 14, 1959, 73 Stat. 519.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original 'this Act', meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519, as amended, known as the Labor-Management Reporting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacted provisions set out as notes under sections 153, 158, and 481 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Labor Management Relations Act, 1947, referred to in subsec. (c), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to chapter 7 (Sec. 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables. The Railway Labor Act, referred to in subsec. (c), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. -MISC2- SHORT TITLE Section 1 of Pub. L. 86-257 provided that: 'This Act (enacting this chapter, amending sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacting provisions set out as notes under sections 153, 158, and 481 of this title) may be cited as the 'Labor-Management Reporting and Disclosure Act of 1959'.' ------DocID 37734 Document 203 of 944------ -CITE- 29 USC Sec. 402 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 402. Definitions -STATUTE- For the purposes of this chapter - (a) 'Commerce' means trade, traffic, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. (b) 'State' includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (c) 'Industry affecting commerce' means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry 'affecting commerce' within the meaning of the Labor Management Relations Act, 1947, as amended (29 U.S.C. 141 et seq.), or the Railway Labor Act, as amended (45 U.S.C. 151 et seq.). (d) 'Person' includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. (e) 'Employer' means any employer or any group or association of employers engaged in an industry affecting commerce (1) which is, with respect to employees engaged in an industry affecting commerce, an employer within the meaning of any law of the United States relating to the employment of any employees or (2) which may deal with any labor organization concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and includes any person acting directly or indirectly as an employer or as an agent of an employer in relation to an employee but does not include the United States or any corporation wholly owned by the Government of the United States or any State or political subdivision thereof. (f) 'Employee' means any individual employed by an employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice or because of exclusion or expulsion from a labor organization in any manner or for any reason inconsistent with the requirements of this chapter. (g) 'Labor dispute' includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (h) 'Trusteeship' means any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordinate body under its constitution or bylaws. (i) 'Labor organization' means a labor organization engaged in an industry affecting commerce and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization, other than a State or local central body. (j) A labor organization shall be deemed to be engaged in an industry affecting commerce if it - (1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended (29 U.S.C. 151 et seq.), or the Railway Labor Act, as amended (45 U.S.C. 151 et seq.); or (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (5) is a conference, general committee, joint or system board, or joint council, subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection, other than a State or local central body. (k) 'Secret ballot' means the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed. (l) 'Trust in which a labor organization is interested' means a trust or other fund or organization (1) which was created or established by a labor organization, or one or more of the trustees or one or more members of the governing body of which is selected or appointed by a labor organization, and (2) a primary purpose of which is to provide benefits for the members of such labor organization or their beneficiaries. (m) 'Labor relations consultant' means any person who, for compensation, advises or represents an employer, employer organization, or labor organization concerning employee organizing, concerted activities, or collective bargaining activities. (n) 'Officer' means any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body. (o) 'Member' or 'member in good standing', when used in reference to a labor organization, includes any person who has fulfilled the requirements for membership in such organization, and who neither has voluntarily withdrawn from membership nor has been expelled or suspended from membership after appropriate proceedings consistent with lawful provisions of the constitution and bylaws of such organization. (p) 'Secretary' means the Secretary of Labor. (q) 'Officer, agent, shop steward, or other representative,' when used with respect to a labor organization, includes elected officials and key administrative personnel, whether elected or appointed (such as business agents, heads of departments or major units, and organizers who exercise substantial independent authority), but does not include salaried nonsupervisory professional staff, stenographic, and service personnel. (r) 'District court of the United States' means a United States district court and a United States court of any place subject to the jurisdiction of the United States. -SOURCE- (Pub. L. 86-257, Sec. 3, Sept. 14, 1959, 73 Stat. 520; Pub. L. 95-598, title III, Sec. 320, Nov. 6, 1978, 92 Stat. 2678.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in the opening phrase, was in the original 'titles I, II, III, IV, V (except section 505), and VI of this Act', which reference includes those sections of the Act which are classified principally to this chapter. For complete classification of such titles to the Code, see Tables. For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse. The Outer Continental Shelf Lands Act, referred to in subsec. (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables. The Labor Management Relations Act, 1947, referred to in subsec. (c), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to chapter 7 (Sec. 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables. This chapter, referred to in subsec. (f), was in the original 'this Act', meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519, as amended, known as the Labor-Management Reporting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacted provisions set out as notes under sections 153, 158, and 481 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. The Railway Labor Act, referred to in subsecs. (c) and (j)(1), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. The National Labor Relations Act, referred to in subsec. (j)(1), is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is classified generally to subchapter II (Sec. 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables. -MISC2- AMENDMENTS 1978 - Subsec. (d). Pub. L. 95-598 substituted 'cases under title 11' for 'bankruptcy'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 1209. ------DocID 37735 Document 204 of 944------ -CITE- 29 USC SUBCHAPTER II -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS ------DocID 37736 Document 205 of 944------ -CITE- 29 USC Sec. 411 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 411. Bill of rights; constitution and bylaws of labor organizations -STATUTE- (a)(1) Equal rights Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization's constitution and bylaws. (2) Freedom of speech and assembly Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations. (3) Dues, initiation fees, and assessments Except in the case of a federation of national or international labor organizations, the rates of dues and initiation fees payable by members of any labor organization in effect on September 14, 1959 shall not be increased, and no general or special assessment shall be levied upon such members, except - (A) in the case of a local labor organization, (i) by majority vote by secret ballot of the members in good standing voting at a general or special membership meeting, after reasonable notice of the intention to vote upon such question, or (ii) by majority vote of the members in good standing voting in a membership referendum conducted by secret ballot; or (B) in the case of a labor organization, other than a local labor organization or a federation of national or international labor organizations, (i) by majority vote of the delegates voting at a regular convention, or at a special convention of such labor organization held upon not less than thirty days' written notice to the principal office of each local or constituent labor organization entitled to such notice, or (ii) by majority vote of the members in good standing of such labor organization voting in a membership referendum conducted by secret ballot, or (iii) by majority vote of the members of the executive board or similar governing body of such labor organization, pursuant to express authority contained in the constitution and bylaws of such labor organization: Provided, That such action on the part of the executive board or similar governing body shall be effective only until the next regular convention of such labor organization. (4) Protection of the right to sue No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceeding, or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, That any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization, before instituting legal or administrative proceedings against such organizations or any officer thereof: And provided further, That no interested employer or employer association shall directly or indirectly finance, encourage, or participate in, except as a party, any such action, proceeding, appearance, or petition. (5) Safeguards against improper disciplinary action No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing. (b) Invalidity of constitution and bylaws Any provision of the constitution and bylaws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect. -SOURCE- (Pub. L. 86-257, title I, Sec. 101, Sept. 14, 1959, 73 Stat. 522.) ------DocID 37737 Document 206 of 944------ -CITE- 29 USC Sec. 412 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 412. Civil action for infringement of rights; jurisdiction -STATUTE- Any person whose rights secured by the provisions of this subchapter have been infringed by any violation of this subchapter may bring a civil action in a district court of the United States for such relief (including injunctions) as may be appropriate. Any such action against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred, or where the principal office of such labor organization is located. -SOURCE- (Pub. L. 86-257, title I, Sec. 102, Sept. 14, 1959, 73 Stat. 523.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 529 of this title. ------DocID 37738 Document 207 of 944------ -CITE- 29 USC Sec. 413 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 413. Retention of existing rights of members -STATUTE- Nothing contained in this subchapter shall limit the rights and remedies of any member of a labor organization under any State or Federal law or before any court or other tribunal, or under the constitution and bylaws of any labor organization. -SOURCE- (Pub. L. 86-257, title I, Sec. 103, Sept. 14, 1959, 73 Stat. 523.) ------DocID 37739 Document 208 of 944------ -CITE- 29 USC Sec. 414 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 414. Right to copies of collective bargaining agreements -STATUTE- It shall be the duty of the secretary or corresponding principal officer of each labor organization, in the case of a local labor organization, to forward a copy of each collective bargaining agreement made by such labor organization with any employer to any employee who requests such a copy and whose rights as such employee are directly affected by such agreement, and in the case of a labor organization other than a local labor organization, to forward a copy of any such agreement to each constituent unit which has members directly affected by such agreement; and such officer shall maintain at the principal office of the labor organization of which he is an officer copies of any such agreement made or received by such labor organization, which copies shall be available for inspection by any member or by any employee whose rights are affected by such agreement. The provisions of section 440 of this title shall be applicable in the enforcement of this section. -SOURCE- (Pub. L. 86-257, title I, Sec. 104, Sept. 14, 1959, 73 Stat. 523.) ------DocID 37740 Document 209 of 944------ -CITE- 29 USC Sec. 415 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 415. Information to members of provisions of chapter -STATUTE- Every labor organization shall inform its members concerning the provisions of this chapter. -SOURCE- (Pub. L. 86-257, title I, Sec. 105, Sept. 14, 1959, 73 Stat. 523.) ------DocID 37741 Document 210 of 944------ -CITE- 29 USC SUBCHAPTER III -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS ------DocID 37742 Document 211 of 944------ -CITE- 29 USC Sec. 431 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 431. Report of labor organizations -STATUTE- (a) Adoption and filing of constitution and bylaws; contents of report Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the Secretary, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information - (1) the name of the labor organization, its mailing address, and any other address at which it maintains its principal office or at which it keeps the records referred to in this subchapter; (2) the name and title of each of its officers; (3) the initiation fee or fees required from a new or transferred member and fees for work permits required by the reporting labor organization; (4) the regular dues or fees or other periodic payments required to remain a member of the reporting labor organization; and (5) detailed statements, or references to specific provisions of documents filed under this subsection which contain such statements, showing the provision made and procedures followed with respect to each of the following: (A) qualifications for or restrictions on membership, (B) levying of assessments, (C) participation in insurance or other benefit plans, (D) authorization for disbursement of funds of the labor organization, (E) audit of financial transactions of the labor organization, (F) the calling of regular and special meetings, (G) the selection of officers and stewards and of any representatives to other bodies composed of labor organizations' representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected, (H) discipline or removal of officers or agents for breaches of their trust, (I) imposition of fines, suspensions, and expulsions of members, including the grounds for such action and any provision made for notice, hearing, judgment on the evidence, and appeal procedures, (J) authorization for bargaining demands, (K) ratification of contract terms, (L) authorization for strikes, and (M) issuance of work permits. Any change in the information required by this subsection shall be reported to the Secretary at the time the reporting labor organization files with the Secretary the annual financial report required by subsection (b) of this section. (b) Annual financial report; filing; contents Every labor organization shall file annually with the Secretary a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary accurately to disclose its financial condition and operations for its preceding fiscal year - (1) assets and liabilities at the beginning and end of the fiscal year; (2) receipts of any kind and the sources thereof; (3) salary, allowances, and other direct or indirect disbursements (including reimbursed expenses) to each officer and also to each employee who, during such fiscal year, received more than $10,000 in the aggregate from such labor organization and any other labor organization affiliated with it or with which it is affiliated, or which is affiliated with the same national or international labor organization; (4) direct and indirect loans made to any officer, employee, or member, which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment; (5) direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment; and (6) other disbursements made by it including the purposes thereof; all in such categories as the Secretary may prescribe. (c) Availability of information to members; examination of books, records, and accounts Every labor organization required to submit a report under this subchapter shall make available the information required to be contained in such report to all of its members, and every such labor organization and its officers shall be under a duty enforceable at the suit of any member of such organization in any State court of competent jurisdiction or in the district court of the United States for the district in which such labor organization maintains its principal office, to permit such member for just cause to examine any books, records, and accounts necessary to verify such report. The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. -SOURCE- (Pub. L. 86-257, title II, Sec. 201(a)-(c), Sept. 14, 1959, 73 Stat. 524, 525.) -COD- CODIFICATION Section is comprised of subsecs. (a) to (c) of section 201 of Pub. L. 86-257. Subsec. (d) of section 201 repealed subsecs. (f) to (h) of section 159 of this title, and subsec. (e) of section 201 amended section 158(a)(3)(i) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 435, 437, 439, 461 of this title. ------DocID 37743 Document 212 of 944------ -CITE- 29 USC Sec. 432 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 432. Report of officers and employees of labor organizations -STATUTE- (a) Filing; contents of report Every officer of a labor organization and every employee of a labor organization (other than an employee performing exclusively clerical or custodial services) shall file with the Secretary a signed report listing and describing for his preceding fiscal year - (1) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child derived directly or indirectly from, an employer whose employees such labor organization represents or is actively seeking to represent, except payments and other benefits received as a bona fide employee of such employer; (2) any transaction in which he or his spouse or minor child engaged, directly or indirectly, involving any stock, bond, security, or loan to or from, or other legal or equitable interest in the business of an employer whose employees such labor organization represents or is actively seeking to represent; (3) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child directly or indirectly derived from, any business a substantial part of which consists of buying from, selling or leasing to, or otherwise dealing with, the business of an employer whose employees such labor organization represents or is actively seeking to represent; (4) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child directly or indirectly derived from, a business any part of which consists of buying from, or selling or leasing directly or indirectly to, or otherwise dealing with such labor organization; (5) any direct or indirect business transaction or arrangement between him or his spouse or minor child and any employer whose employees his organization represents or is actively seeking to represent, except work performed and payments and benefits received as a bona fide employee of such employer and except purchases and sales of goods or services in the regular course of business at prices generally available to any employee of such employer; and (6) any payment of money or other thing of value (including reimbursed expenses) which he or his spouse or minor child received directly or indirectly from any employer or any person who acts as a labor relations consultant to an employer, except payments of the kinds referred to in section 186(c) of this title. (b) Report of certain bona fide investments The provisions of paragraphs (1), (2), (3), (4), and (5) of subsection (a) of this section shall not be construed to require any such officer or employee to report his bona fide investments in securities traded on a securities exchange registered as a national securities exchange under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), in shares in an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), or in securities of a public utility holding company registered under the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.), or to report any income derived therefrom. (c) Exemption from filing requirement Nothing contained in this section shall be construed to require any officer or employee of a labor organization to file a report under subsection (a) of this section unless he or his spouse or minor child holds or has held an interest, has received income or any other benefit with monetary value or a loan, or has engaged in a transaction described therein. -SOURCE- (Pub. L. 86-257, title II, Sec. 202, Sept. 14, 1959, 73 Stat. 525.) -REFTEXT- REFERENCES IN TEXT The Securities Exchange Act of 1934, referred to in subsec. (b), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. The Investment Company Act of 1940, referred to in subsec. (b), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified principally to subchapter I (Sec. 80a-1 et seq.) of chapter 2D of Title 15. For complete classification of this Act to the Code, see section 80a-51 of Title 15 and Tables. The Public Utility Holding Company Act of 1935, referred to in subsec. (b), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 838, as amended, which is classified generally to chapter 20 (Sec. 79 et seq.) of Title 15. For complete classification of this Act to the Code, see section 79 of Title 15 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 435, 437 of this title. ------DocID 37744 Document 213 of 944------ -CITE- 29 USC Sec. 433 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 433. Report of employers -STATUTE- (a) Filing and contents of report of payments, loans, promises, agreements, or arrangements Every employer who in any fiscal year made - (1) any payment or loan, direct or indirect, of money or other thing of value (including reimbursed expenses), or any promise or agreement therefor, to any labor organization or officer, agent, shop steward, or other representative of a labor organization, or employee of any labor organization, except (A) payments or loans made by any national or State bank, credit union, insurance company, savings and loan association or other credit institution and (B) payments of the kind referred to in section 186(c) of this title; (2) any payment (including reimbursed expenses) to any of his employees, or any group or committee of such employees, for the purpose of causing such employee or group or committee of employees to persuade other employees to exercise or not to exercise, or as the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing unless such payments were contemporaneously or previously disclosed to such other employees; (3) any expenditure, during the fiscal year, where an object thereof, directly or indirectly, is to interfere with, restrain, or coerce employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing, or is to obtain information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; (4) any agreement or arrangement with a labor relations consultant or other independent contractor or organization pursuant to which such person undertakes activities where an object thereof, directly or indirectly, is to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing, or undertakes to supply such employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; or (5) any payment (including reimbursed expenses) pursuant to an agreement or arrangement described in subdivision (4); shall file with the Secretary a report, in a form prescribed by him, signed by its president and treasurer or corresponding principal officers showing in detail the date and amount of each such payment, loan, promise, agreement, or arrangement and the name, address, and position, if any, in any firm or labor organization of the person to whom it was made and a full explanation of the circumstances of all such payments, including the terms of any agreement or understanding pursuant to which they were made. (b) Persuasive activities relating to the right to organize and bargain collectively; supplying information of activities in connection with labor disputes; filing and contents of report of agreement or arrangement Every person who pursuant to any agreement or arrangement with an employer undertakes activities where an object thereof is, directly or indirectly - (1) to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing; or (2) to supply an employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; shall file within thirty days after entering into such agreement or arrangement a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing the name under which such person is engaged in doing business and the address of its principal office, and a detailed statement of the terms and conditions of such agreement or arrangement. Every such person shall file annually, with respect to each fiscal year during which payments were made as a result of such an agreement or arrangement, a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing a statement (A) of its receipts of any kind from employers on account of labor relations advice or services, designating the sources thereof, and (B) of its disbursements of any kind, in connection with such services and the purposes thereof. In each such case such information shall be set forth in such categories as the Secretary may prescribe. (c) Advisory or representative services exempt from filing requirements Nothing in this section shall be construed to require any employer or other person to file a report covering the services of such person by reason of his giving or agreeing to give advice to such employer or representing or agreeing to represent such employer before any court, administrative agency, or tribunal of arbitration or engaging or agreeing to engage in collective bargaining on behalf of such employer with respect to wages, hours, or other terms or conditions of employment or the negotiation of an agreement or any question arising thereunder. (d) Exemption from filing requirements generally Nothing contained in this section shall be construed to require an employer to file a report under subsection (a) of this section unless he has made an expenditure, payment, loan, agreement, or arrangement of the kind described therein. Nothing contained in this section shall be construed to require any other person to file a report under subsection (b) of this section unless he was a party to an agreement or arrangement of the kind described therein. (e) Services by and payments to regular officers, supervisors, and employees of employer Nothing contained in this section shall be construed to require any regular officer, supervisor, or employee of an employer to file a report in connection with services rendered to such employer nor shall any employer be required to file a report covering expenditures made to any regular officer, supervisor, or employee of an employer as compensation for service as a regular officer, supervisor, or employee of such employer. (f) Rights protected by section 158(c) of this title Nothing contained in this section shall be construed as an amendment to, or modification of the rights protected by, section 158(c) of this title. (g) 'Interfere with, restrain, or coerce' defined The term 'interfere with, restrain, or coerce' as used in this section means interference, restraint, and coercion which, if done with respect to the exercise of rights guaranteed in section 157 of this title, would, under section 158(a) of this title, constitute an unfair labor practice. -SOURCE- (Pub. L. 86-257, title II, Sec. 203, Sept. 14, 1959, 73 Stat. 526.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 435, 437, 439 of this title. ------DocID 37745 Document 214 of 944------ -CITE- 29 USC Sec. 434 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 434. Exemption of attorney-client communications -STATUTE- Nothing contained in this chapter shall be construed to require an attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of this chapter any information which was lawfully communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. -SOURCE- (Pub. L. 86-257, title II, Sec. 204, Sept. 14, 1959, 73 Stat. 528.) ------DocID 37746 Document 215 of 944------ -CITE- 29 USC Sec. 435 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 435. Reports and documents as public information -STATUTE- (a) Publication; statistical and research purposes The contents of the reports and documents filed with the Secretary pursuant to sections 431, 432, 433, and 441 of this title shall be public information, and the Secretary may publish any information and data which he obtains pursuant to the provisions of this subchapter. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate. (b) Inspection and examination of information and data The Secretary shall by regulation make reasonable provision for the inspection and examination, on the request of any person, of the information and data contained in any report or other document filed with him pursuant to section 431, 432, 433, or 441 of this title. (c) Copies of reports or documents; availability to State agencies The Secretary shall by regulation provide for the furnishing by the Department of Labor of copies of reports or other documents filed with the Secretary pursuant to this subchapter, upon payment of a charge based upon the cost of the service. The Secretary shall make available without payment of a charge, or require any person to furnish, to such State agency as is designated by law or by the Governor of the State in which such person has his principal place of business or headquarters, upon request of the Governor of such State, copies of any reports and documents filed by such person with the Secretary pursuant to section 431, 432, 433, or 441 of this title, or of information and data contained therein. No person shall be required by reason of any law of any State to furnish to any officer or agency of such State any information included in a report filed by such person with the Secretary pursuant to the provisions of this subchapter, if a copy of such report, or of the portion thereof containing such information, is furnished to such officer or agency. All moneys received in payment of such charges fixed by the Secretary pursuant to this subsection shall be deposited in the general fund of the Treasury. -SOURCE- (Pub. L. 86-257, title II, Sec. 205, Sept. 14, 1959, 73 Stat. 528; Pub. L. 89-216, Sec. 2(a)-(c), Sept. 29, 1965, 79 Stat. 888.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-216 inserted references to section 441 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 461 of this title. ------DocID 37747 Document 216 of 944------ -CITE- 29 USC Sec. 436 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 436. Retention of records -STATUTE- Every person required to file any report under this subchapter shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Secretary may be verified, explained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain. -SOURCE- (Pub. L. 86-257, title II, Sec. 206, Sept. 14, 1959, 73 Stat. 529.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 461 of this title. ------DocID 37748 Document 217 of 944------ -CITE- 29 USC Sec. 437 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 437. Time for making reports -STATUTE- (a) Each labor organization shall file the initial report required under section 431(a) of this title within ninety days after the date on which it first becomes subject to this chapter. (b) Each person required to file a report under section 431(b), 432, 433(a), the second sentence of 433(b), or section 441 of this title shall file such report within ninety days after the end of each of its fiscal years; except that where such person is subject to section 431(b), 432, 433(a), the second sentence of 433(b), or section 441 of this title, as the case may be, for only a portion of such a fiscal year (because September 14, 1959, occurs during such person's fiscal year or such person becomes subject to this chapter during its fiscal year or such person may consider that portion as the entire fiscal year in making such report. -SOURCE- (Pub. L. 86-257, title II, Sec. 207, Sept. 14, 1959, 73 Stat. 529; Pub. L. 89-216, Sec. 2(d), Sept. 29, 1965, 79 Stat. 888.) -MISC1- AMENDMENTS 1965 - Subsec. (b). Pub. L. 89-216 inserted reference to section 441 of this title in two places. ------DocID 37749 Document 218 of 944------ -CITE- 29 USC Sec. 438 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 438. Rules and regulations; simplified reports -STATUTE- The Secretary shall have authority to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under this subchapter and such other reasonable rules and regulations (including rules prescribing reports concerning trusts in which a labor organization is interested) as he may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising his power under this section the Secretary shall prescribe by general rule simplified reports for labor organizations or employers for whom he finds that by virtue of their size a detailed report would be unduly burdensome, but the Secretary may revoke such provision for simplified forms of any labor organization or employer if he determines, after such investigation as he deems proper and due notice and opportunity for a hearing, that the purposes of this section would be served thereby. -SOURCE- (Pub. L. 86-257, title II, Sec. 208, Sept. 14, 1959, 73 Stat. 529.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 461 of this title; title 39 section 1209. ------DocID 37750 Document 219 of 944------ -CITE- 29 USC Sec. 439 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 439. Violations and penalties -STATUTE- (a) Willful violations of provisions of subchapter Any person who willfully violates this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (b) False statements or representations of fact with knowledge of falsehood Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (c) False entry in or willful concealment, etc., of books and records Any person who willfully makes a false entry in or willfully conceals, withholds, or destroys any books, records, reports, or statements required to be kept by any provision of this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (d) Personal responsibility of individuals required to sign reports Each individual required to sign reports under sections 431 and 433 of this title shall be personally responsible for the filing of such reports and for any statement contained therein which he knows to be false. -SOURCE- (Pub. L. 86-257, title II, Sec. 209, Sept. 14, 1959, 73 Stat. 529.) ------DocID 37751 Document 220 of 944------ -CITE- 29 USC Sec. 440 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 440. Civil action for enforcement by Secretary; jurisdiction -STATUTE- Whenever it shall appear that any person has violated or is about to violate any of the provisions of this subchapter, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or, at the option of the parties, in the United States District Court for the District of Columbia. -SOURCE- (Pub. L. 86-257, title II, Sec. 210, Sept. 14, 1959, 73 Stat. 530.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 414, 461 of this title. ------DocID 37752 Document 221 of 944------ -CITE- 29 USC Sec. 441 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 441. Surety company reports; contents; waiver or modification of requirements respecting contents of reports -STATUTE- Each surety company which issues any bond required by this chapter or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) shall file annually with the Secretary, with respect to each fiscal year during which any such bond was in force, a report, in such form and detail as he may prescribe by regulation, filed by the president and treasurer or corresponding principal officers of the surety company, describing its bond experience under each such chapter or Act, including information as to the premiums received, total claims paid, amounts recovered by way of subrogation, administrative and legal expenses and such related data and information as the Secretary shall determine to be necessary in the public interest and to carry out the policy of the chapter. Notwithstanding the foregoing, if the Secretary finds that any such specific information cannot be practicably ascertained or would be uninformative, the Secretary may modify or waive the requirement for such information. -SOURCE- (Pub. L. 86-257, title II, Sec. 211, as added Pub. L. 89-216, Sec. 3, Sept. 29, 1965, 79 Stat. 888, and amended Pub. L. 93-406, title I, Sec. 111(a)(2)(D), Sept. 2, 1974, 88 Stat. 852.) -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as amended, which is classified principally to chapter 18 (Sec. 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. -MISC2- AMENDMENTS 1974 - Pub. L. 93-406 substituted 'Employee Retirement Income Security Act of 1974' for 'Welfare and Pension Plans Disclosure Act'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of this title, see section 1031(b)(1) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 435, 437, 1031 of this title. ------DocID 37753 Document 222 of 944------ -CITE- 29 USC SUBCHAPTER IV -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - TRUSTEESHIPS ------DocID 37754 Document 223 of 944------ -CITE- 29 USC Sec. 461 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 461. Reports -STATUTE- (a) Filing and contents; annual financial report Every labor organization which has or assumes trusteeship over any subordinate labor organization shall file with the Secretary within thirty days after September 14, 1959 or the imposition of any such trusteeship, and semiannually thereafter, a report, signed by its president and treasurer or corresponding principal officers, as well as by the trustees of such subordinate labor organization, containing the following information: (1) the name and address of the subordinate organization; (2) the date of establishing the trusteeship; (3) a detailed statement of the reason or reasons for establishing or continuing the trusteeship; and (4) the nature and extent of participation by the membership of the subordinate organization in the selection of delegates to represent such organization in regular or special conventions or other policy-determining bodies and in the election of officers of the labor organization which has assumed trusteeship over such subordinate organization. The initial report shall also include a full and complete account of the financial condition of such subordinate organization as of the time trusteeship was assumed over it. During the continuance of a trusteeship the labor organization which has assumed trusteeship over a subordinate labor organization shall file on behalf of the subordinate labor organization the annual financial report required by section 431(b) of this title signed by the president and treasurer or corresponding principal officers of the labor organization which has assumed such trusteeship and the trustees of the subordinate labor organization. (b) Applicability of other laws The provisions of sections 431(c), 435, 436, 438, and 440 of this title shall be applicable to reports filed under this subchapter. (c) Penalty for violations Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (d) False statements and entries; failure to disclose material facts; withholding, concealing or destroying documents, books, records, reports, or statements; penalty Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any report required under the provisions of this section or willfully makes any false entry in or willfully withholds, conceals, or destroys any documents, books, records, reports, or statements upon which such report is based, shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (e) Personal liability Each individual required to sign a report under this section shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. -SOURCE- (Pub. L. 86-257, title III, Sec. 301, Sept. 14, 1959, 73 Stat. 530.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 464 of this title. ------DocID 37755 Document 224 of 944------ -CITE- 29 USC Sec. 462 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 462. Purposes for establishment of trusteeship -STATUTE- Trusteeships shall be established and administered by a labor organization over a subordinate body only in accordance with the constitution and bylaws of the organization which has assumed trusteeship over the subordinate body and for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organization. -SOURCE- (Pub. L. 86-257, title III, Sec. 302, Sept. 14, 1959, 73 Stat. 531.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 464 of this title. ------DocID 37756 Document 225 of 944------ -CITE- 29 USC Sec. 463 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 463. Unlawful acts relating to labor organization under trusteeship -STATUTE- (a) During any period when a subordinate body of a labor organization is in trusteeship, it shall be unlawful (1) to count the vote of delegates from such body in any convention or election of officers of the labor organization unless the delegates have been chosen by secret ballot in an election in which all the members in good standing of such subordinate body were eligible to participate, or (2) to transfer to such organization any current receipts or other funds of the subordinate body except the normal per capital tax and assessments payable by subordinate bodies not in trusteeship: Provided, That nothing herein contained shall prevent the distribution of the assets of a labor organization in accordance with its constitution and bylaws upon the bona fide dissolution thereof. (b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. -SOURCE- (Pub. L. 86-257, title III, Sec. 303, Sept. 14, 1959, 73 Stat. 531.) ------DocID 37757 Document 226 of 944------ -CITE- 29 USC Sec. 464 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 464. Civil action for enforcement -STATUTE- (a) Complaint; investigation; commencement of action by Secretary, member or subordinate body of labor organization; jurisdiction Upon the written complaint of any member or subordinate body of a labor organization alleging that such organization has violated the provisions of this subchapter (except section 461 of this title) the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred and has not been remedied he shall, without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate. Any member or subordinate body of a labor organization affected by any violation of this subchapter (except section 461 of this title) may bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate. (b) Venue For the purpose of actions under this section, district courts of the United States shall be deemed to have jurisdiction of a labor organization (1) in the district in which the principal office of such labor organization is located, or (2) in any district in which its duly authorized officers or agents are engaged in conducting the affairs of the trusteeship. (c) Presumptions of validity or invalidity of trusteeship In any proceeding pursuant to this section a trusteeship established by a labor organization in conformity with the procedural requirements of its constitution and bylaws and authorized or ratified after a fair hearing either before the executive board or before such other body as may be provided in accordance with its constitution or bylaws shall be presumed valid for a period of eighteen months from the date of its establishment and shall not be subject to attack during such period except upon clear and convincing proof that the trusteeship was not established or maintained in good faith for a purpose allowable under section 462 of this title. After the expiration of eighteen months the trusteeship shall be presumed invalid in any such proceeding and its discontinuance shall be decreed unless the labor organization shall show by clear and convincing proof that the continuation of the trusteeship is necessary for a purpose allowable under section 462 of this title. In the latter event the court may dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate. -SOURCE- (Pub. L. 86-257, title III, Sec. 304, Sept. 14, 1959, 73 Stat. 531.) ------DocID 37758 Document 227 of 944------ -CITE- 29 USC Sec. 465 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 465. Report to Congress -STATUTE- The Secretary shall submit to the Congress at the expiration of three years from September 14, 1959, a report upon the operation of this subchapter. -SOURCE- (Pub. L. 86-257, title III, Sec. 305, Sept. 14, 1959, 73 Stat. 532.) ------DocID 37759 Document 228 of 944------ -CITE- 29 USC Sec. 466 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 466. Additional rights and remedies; exclusive jurisdiction of district court; res judicata -STATUTE- The rights and remedies provided by this subchapter shall be in addition to any and all other rights and remedies at law or in equity: Provided, That upon the filing of a complaint by the Secretary the jurisdiction of the district court over such trusteeship shall be exclusive and the final judgment shall be res judicata. -SOURCE- (Pub. L. 86-257, title III, Sec. 306, Sept. 14, 1959, 73 Stat. 532.) ------DocID 37760 Document 229 of 944------ -CITE- 29 USC SUBCHAPTER V -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER V -HEAD- SUBCHAPTER V - ELECTIONS ------DocID 37761 Document 230 of 944------ -CITE- 29 USC Sec. 481 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 481. Terms of office and election procedures -STATUTE- (a) Officers of national or international labor organizations; manner of election Every national or international labor organization, except a federation of national or international labor organizations, shall elect its officers not less often than once every five years either by secret ballot among the members in good standing or at a convention of delegates chosen by secret ballot. (b) Officers of local labor organizations; manner of election Every local labor organization shall elect its officers not less often than once every three years by secret ballot among the members in good standing. (c) Requests for distribution of campaign literature; civil action for enforcement; jurisdiction; inspection of membership lists; adequate safeguards to insure fair election Every national or international labor organization, except a federation of national or international labor organizations, and every local labor organization, and its officers, shall be under a duty, enforceable at the suit of any bona fide candidate for office in such labor organization in the district court of the United States in which such labor organization maintains its principal office, to comply with all reasonable requests of any candidate to distribute by mail or otherwise at the candidate's expense campaign literature in aid of such person's candidacy to all members in good standing of such labor organization and to refrain from discrimination in favor of or against any candidate with respect to the use of lists of members, and whenever such labor organizations or its officers authorize the distribution by mail or otherwise to members of campaign literature on behalf of any candidate or of the labor organization itself with reference to such election, similar distribution at the request of any other bona fide candidate shall be made by such labor organization and its officers, with equal treatment as to the expense of such distribution. Every bona fide candidate shall have the right, once within 30 days prior to an election of a labor organization in which he is a candidate, to inspect a list containing the names and last known addresses of all members of the labor organization who are subject to a collective bargaining agreement requiring membership therein as a condition of employment, which list shall be maintained and kept at the principal office of such labor organization by a designated official thereof. Adequate safeguards to insure a fair election shall be provided, including the right of any candidate to have an observer at the polls and at the counting of the ballots. (d) Officers of intermediate bodies; manner of election Officers of intermediate bodies, such as general committees, system boards, joint boards, or joint councils, shall be elected not less often than once every four years by secret ballot among the members in good standing or by labor organization officers representative of such members who have been elected by secret ballot. (e) Nomination of candidates; eligibility; notice of election; voting rights; counting and publication of results; preservation of ballots and records In any election required by this section which is to be held by secret ballot a reasonable opportunity shall be given for the nomination of candidates and every member in good standing shall be eligible to be a candidate and to hold office (subject to section 504 of this title and to reasonable qualifications uniformly imposed) and shall have the right to vote for or otherwise support the candidate or candidates of his choice, without being subject to penalty, discipline, or improper interference or reprisal of any kind by such organization or any member thereof. Not less than fifteen days prior to the election notice thereof shall be mailed to each member at his last known home address. Each member in good standing shall be entitled to one vote. No member whose dues have been withheld by his employer for payment to such organization pursuant to his voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to vote or be a candidate for office in such organization by reason of alleged delay or default in the payment of dues. The votes cast by members of each local labor organization shall be counted, and the results published, separately. The election officials designated in the constitution and bylaws or the secretary, if no other official is designated, shall preserve for one year the ballots and all other records pertaining to the election. The election shall be conducted in accordance with the constitution and bylaws of such organization insofar as they are not inconsistent with the provisions of this subchapter. (f) Election of officers by convention of delegates; manner of conducting convention; preservation of records When officers are chosen by a convention of delegates elected by secret ballot, the convention shall be conducted in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with the provisions of this subchapter. The officials designated in the constitution and bylaws or the secretary, if no other is designated, shall preserve for one year the credentials of the delegates and all minutes and other records of the convention pertaining to the election of officers. (g) Use of dues, assessments or similar levies, and funds of employer for promotion of candidacy of person No moneys received by any labor organization by way of dues, assessment, or similar levy, and no moneys of an employer shall be contributed or applied to promote the candidacy of any person in any election subject to the provisions of this subchapter. Such moneys of a labor organization may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for the holding of an election. (h) Removal of officers guilty of serious misconduct If the Secretary, upon application of any member of a local labor organization, finds after hearing in accordance with subchapter II of chapter 5 of title 5 that the constitution and bylaws of such labor organization do not provide an adequate procedure for the removal of an elected officer guilty of serious misconduct, such officer may be removed, for cause shown and after notice and hearing, by the members in good standing voting in a secret ballot, conducted by the officers of such labor organization in accordance with its constitution and bylaws insofar as they are not inconsistent with the provisions of this subchapter. (i) Rules and regulations for determining adequacy of removal procedures The Secretary shall promulgate rules and regulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures to which reference is made in subsection (h) of this section. -SOURCE- (Pub. L. 86-257, title IV, Sec. 401, Sept. 14, 1959, 73 Stat. 532.) -COD- CODIFICATION In subsec. (h), 'subchapter II of chapter 5 of title 5' substituted for 'the Administrative Procedure Act' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- EFFECTIVE DATE Section 404 of Pub. L. 86-257 provided that: 'The provisions of this title (enacting this subchapter) shall become applicable - '(1) ninety days after the date of enactment of this Act (Sept. 14, 1959) in the case of a labor organization whose constitution and bylaws can lawfully be modified or amended by action of its constitutional officers or governing body, or '(2) where such modification can only be made by a constitutional convention of the labor organization, not later than the next constitutional convention of such labor organization after the date of enactment of this Act (Sept. 14, 1959), or one year after such date, whichever is sooner. If no such convention is held within such one-year period, the executive board or similar governing body empowered to act for such labor organization between conventions is empowered to make such interim constitutional changes as are necessary to carry out the provisions of this title (enacting this subchapter).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 482 of this title. ------DocID 37762 Document 231 of 944------ -CITE- 29 USC Sec. 482 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 482. Enforcement -STATUTE- (a) Filing of complaint; presumption of validity of challenged election A member of a labor organization - (1) who has exhausted the remedies available under the constitution and bylaws of such organization and of any parent body, or (2) who has invoked such available remedies without obtaining a final decision within three calendar months after their invocation, may file a complaint with the Secretary within one calendar month thereafter alleging the violation of any provision of section 481 of this title (including violation of the constitution and bylaws of the labor organization pertaining to the election and removal of officers). The challenged election shall be presumed valid pending a final decision thereon (as hereinafter provided) and in the interim the affairs of the organization shall be conducted by the officers elected or in such other manner as its constitution and bylaws may provide. (b) Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation of assets The Secretary shall investigate such complaint and, if he finds probable cause to believe that a violation of this subchapter has occurred and has not been remedied, he shall, within sixty days after the filing of such complaint, bring a civil action against the labor organization as an entity in the district court of the United States in which such labor organization maintains its principal office to set aside the invalid election, if any, and to direct the conduct of an election or hearing and vote upon the removal of officers under the supervision of the Secretary and in accordance with the provisions of this subchapter and such rules and regulations as the Secretary may prescribe. The court shall have power to take such action as it deems proper to preserve the assets of the labor organization. (c) Declaration of void election; order for new election; certification of election to court; decree; certification of result of vote for removal of officers If, upon a preponderance of the evidence after a trial upon the merits, the court finds - (1) that an election has not been held within the time prescribed by section 481 of this title, or (2) that the violation of section 481 of this title may have affected the outcome of an election, the court shall declare the election, if any, to be void and direct the conduct of a new election under supervision of the Secretary and, so far as lawful and practicable, in conformity with the constitution and bylaws of the labor organization. The Secretary shall promptly certify to the court the names of the persons elected, and the court shall thereupon enter a decree declaring such persons to be the officers of the labor organization. If the proceeding is for the removal of officers pursuant to subsection (h) of section 481 of this title, the Secretary shall certify the results of the vote and the court shall enter a decree declaring whether such persons have been removed as officers of the labor organization. (d) Review of orders; stay of order directing election An order directing an election, dismissing a complaint, or designating elected officers of a labor organization shall be appealable in the same manner as the final judgment in a civil action, but an order directing an election shall not be stayed pending appeal. -SOURCE- (Pub. L. 86-257, title IV, Sec. 402, Sept. 14, 1959, 73 Stat. 534.) ------DocID 37763 Document 232 of 944------ -CITE- 29 USC Sec. 483 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election -STATUTE- No labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or manner than is required by its own constitution or bylaws, except as otherwise provided by this subchapter. Existing rights and remedies to enforce the constitution and bylaws of a labor organization with respect to elections prior to the conduct thereof shall not be affected by the provisions of this subchapter. The remedy provided by this subchapter for challenging an election already conducted shall be exclusive. -SOURCE- (Pub. L. 86-257, title IV, Sec. 403, Sept. 14, 1959, 73 Stat. 534.) ------DocID 37764 Document 233 of 944------ -CITE- 29 USC SUBCHAPTER VI -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS ------DocID 37765 Document 234 of 944------ -CITE- 29 USC Sec. 501 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 501. Fiduciary responsibility of officers of labor organizations -STATUTE- (a) Duties of officers; exculpatory provisions and resolutions void The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, the duty of each such person, taking into account the special problems and functions of a labor organization, to hold its money and property solely for the benefit of the organization and its members and to manage, invest, and expend the same in accordance with its constitution and bylaws and any resolutions of the governing bodies adopted thereunder, to refrain from dealing with such organization as an adverse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by him in whatever capacity in connection with transactions conducted by him or under his direction on behalf of the organization. A general exculpatory provision in the constitution and bylaws of such a labor organization or a general exculpatory resolution of a governing body purporting to relieve any such person of liability for breach of the duties declared by this section shall be void as against public policy. (b) Violation of duties; action by member after refusal or failure by labor organization to commence proceedings; jurisdiction; leave of court; counsel fees and expenses When any officer, agent, shop steward, or representative of any labor organization is alleged to have violated the duties declared in subsection (a) of this section and the labor organization or its governing board or officers refuse or fail to sue or recover damages or secure an accounting or other appropriate relief within a reasonable time after being requested to do so by any member of the labor organization, such member may sue such officer, agent, shop steward, or representative in any district court of the United States or in any State court of competent jurisdiction to recover damages or secure an accounting or other appropriate relief for the benefit of the labor organization. No such proceeding shall be brought except upon leave of the court obtained upon verified application and for good cause shown, which application may be made ex parte. The trial judge may allot a reasonable part of the recovery in any action under this subsection to pay the fees of counsel prosecuting the suit at the instance of the member of the labor organization and to compensate such member for any expenses necessarily paid or incurred by him in connection with the litigation. (c) Embezzlement of assets; penalty Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use, or the use of another, any of the moneys, funds, securities, property, or other assets of a labor organization of which he is an officer, or by which he is employed, directly or indirectly, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. -SOURCE- (Pub. L. 86-257, title V, Sec. 501, Sept. 14, 1959, 73 Stat. 535.) -CROSS- CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of violations of subsec. (c) of this section dealing with restrictions on payments and loans to labor organizations, see section 2516 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 sections 1961, 2516. ------DocID 37766 Document 235 of 944------ -CITE- 29 USC Sec. 502 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 502. Bonding of officers and employees of labor organizations; amount, form, and placement of bonds; penalty for violation -STATUTE- (a) Every officer, agent, shop steward, or other representative or employee of any labor organization (other than a labor organization whose property and annual financial receipts do not exceed $5,000 in value), or of a trust in which a labor organization is interested, who handles funds or other property thereof shall be bonded to provide protection against loss by reason of acts of fraud or dishonesty on his part directly or through connivance with others. The bond of each such person shall be fixed at the beginning of the organization's fiscal year and shall be in an amount not less than 10 per centum of the funds handled by him and his predecessor or predecessors, if any, during the preceding fiscal year, but in no case more than $500,000. If the labor organization or the trust in which a labor organization is interested does not have a preceding fiscal year, the amount of the bond shall be, in the case of a local labor organization, not less than $1,000, and in the case of any other labor organization or of a trust in which a labor organization is interested, not less than $10,000. Such bonds shall be individual or schedule in form, and shall have a corporate surety company as surety thereon. Any person who is not covered by such bonds shall not be permitted to receive, handle, disburse, or otherwise exercise custody or control of the funds or other property of a labor organization or of a trust in which a labor organization is interested. No such bond shall be placed through an agent or broker or with a surety company in which any labor organization or any officer, agent, shop steward, or other representative of a labor organization has any direct or indirect interest. Such surety company shall be a corporate surety which holds a grant of authority from the Secretary of the Treasury under sections 9304-9308 of title 31, as an acceptable surety on Federal bonds: Provided, That when in the opinion of the Secretary a labor organization has made other bonding arrangements which would provide the protection required by this section at comparable cost or less, he may exempt such labor organization from placing a bond through a surety company holding such grant of authority. (b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. -SOURCE- (Pub. L. 86-257, title V, Sec. 502, Sept. 14, 1959, 73 Stat. 536; Pub. L. 89-216, Sec. 1, Sept. 29, 1965, 79 Stat. 888.) -COD- CODIFICATION In subsec. (a), 'sections 9304-9308 of title 31' substituted for 'the Act of July 30, 1947 (6 U.S.C. 6-13)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1965 - Subsec. (a). Pub. L. 89-216 substituted 'to provide protection against loss by reason of act of fraud or dishonesty on his part directly or through connivance with others' for 'for the faithful discharge of his duties' in first sentence and inserted proviso allowing Secretary to permit other arrangements to provide necessary protection. ------DocID 37767 Document 236 of 944------ -CITE- 29 USC Sec. 503 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 503. Financial transactions between labor organization and officers and employees -STATUTE- (a) Direct and indirect loans No labor organization shall make directly or indirectly any loan or loans to any officer or employee of such organization which results in a total indebtedness on the part of such officer or employee to the labor organization in excess of $2,000. (b) Direct or indirect payment of fines No labor organization or employer shall directly or indirectly pay the fine of any officer or employee convicted of any willful violation of this chapter. (c) Penalty for violations Any person who willfully violates this section shall be fined not more than $5,000 or imprisoned for not more than one year, or both. -SOURCE- (Pub. L. 86-257, title V, Sec. 503, Sept. 14, 1959, 73 Stat. 536.) ------DocID 37768 Document 237 of 944------ -CITE- 29 USC Sec. 504 -EXPCITE- TITLE 29 CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 504. Prohibition against certain persons holding office -STATUTE- (a) Membership in Communist Party; persons convicted of robbery, bribery, etc. No person who is or has been a member of the Communist Party or who has been convicted of, or served any part of a prison term resulting from his conviction of, robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or a violation of subchapter III or IV of this chapter (FOOTNOTE 1) any felony involving abuse or misuse of such person's position or employment in a labor organization or employee benefit plan to seek or obtain an illegal gain at the expense of the members of the labor organization or the beneficiaries of the employee benefit plan, or conspiracy to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve - (FOOTNOTE