29 U.S.C. § 211 — Collection of data

submitted 88 years ago by ch. 676 to r/title-29-LABOR · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Labor Department investigate wage and hour violations. Investigators can inspect workplaces, question workers, and gather records to enforce this law. Employers must keep records of their workers' pay, hours, and conditions. The Administrator can also regulate industrial homework to prevent minimum-wage violations.

(a) Investigations and inspections. The Administrator, or people the Administrator designates, can investigate and gather data on wages, hours, and other working conditions and practices in any industry covered by this chapter. They can enter and inspect workplaces and records, make copies, question employees, and investigate whatever the Administrator considers necessary to find out whether someone has violated this chapter, or to help enforce it. Except as provided in section 212 of this title and in subsection (b), the Administrator must use the Labor Department's own bureaus and divisions for all investigations and inspections under this section. Except as provided in section 212, the Administrator must bring all lawsuits under section 217 to stop violations of this chapter. (b) State and local agencies and employees. With a state agency's consent and cooperation, the Administrator and the Secretary of Labor can use state and local agencies and their employees to help carry out their duties under this chapter, and can reimburse those state and local agencies and employees for that work, regardless of any other law. (c) Records. Every employer covered by this chapter, or by any order under it, must make, keep, and preserve records of the people they employ and of the wages, hours, and other conditions and practices of employment. They must preserve those records for whatever period, and report from them to the Administrator however often, the Administrator requires by regulation or order, as necessary to enforce this chapter. However, an employer isn't required under this subsection to keep hour records for an employee's "substitute work" described in section 207(p)(3) of this title. (d) Homework regulations. The Administrator can make regulations and orders that regulate, restrict, or prohibit industrial homework — work done at home for a business — as necessary or appropriate to prevent people from dodging or getting around the minimum wage this chapter requires, and to safeguard it. All existing homework regulations and orders remain in full force and effect.

the actual law source: uscode.house.gov ↗public domain

(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.

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 credit: (June 25, 1938, ch. 676, § 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 9, 63 Stat. 916; Pub. L. 99–150, § 3(c)(2), Nov. 13, 1985, 99 Stat. 789.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 676 · 52 Stat. 1066
1949Amended · Act of Oct. 26, 1949, ch. 736 · 63 Stat. 916
1985Amended · Pub. L. 99-150 · 99 Stat. 789

A history note hasn’t been published yet. The record shows enactment by ch. 676 on 1938-06-25.

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