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29 U.S.C. § 212Child labor provisions

submitted 88 years ago by ch. 676 to r/title-29-LABOR · 328 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans shipping goods made with "oppressive child labor" within the past 30 days. It lets the Labor Department investigate violations and sue to stop them. Employers cannot use such child labor, and the Secretary can require proof of workers' ages.

(a) Restrictions on shipment of goods; prosecution; conviction. A producer, manufacturer, or dealer may not ship or deliver for shipment, in commerce, goods made in an establishment where "oppressive child labor" was used at any time within the 30 days before the goods left that establishment. This section uses the term "oppressive child labor" throughout but does not define it here. There are two exceptions: first, if a buyer acquired the goods in good faith, relying on a written assurance from the producer, manufacturer, or dealer that the goods were made lawfully, and paid value for them without notice of any violation, that buyer's shipment is not treated as prohibited. Second, once a defendant has been prosecuted and convicted for shipping goods made this way, that conviction bars any further prosecution of the same defendant for shipments of similar goods that happened before that first prosecution began. (b) Investigations and inspections. The Secretary of Labor, or any authorized representative, must carry out all investigations and inspections required under section 211(a) of this title regarding the employment of minors. Subject to the Attorney General's direction and control, the Secretary must also bring all lawsuits under section 217 of this title to stop any act or practice that is unlawful because of oppressive child labor, and must administer every other part of this chapter dealing with oppressive child labor. (c) Oppressive child labor. No employer may employ oppressive child labor in commerce, in producing goods for commerce, or in any enterprise engaged in commerce or in producing goods for commerce. (d) Proof of age. To help carry out this section's goals, the Secretary may require, by regulation, that employers obtain proof of age from any employee.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (June 25, 1938, ch. 676, § 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 10, 63 Stat. 917; Pub. L. 87–30, § 8, May 5, 1961, 75 Stat. 70; Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 676 · 52 Stat. 1067
  • 1949Amended · Act of Oct. 26, 1949, ch. 736 · 63 Stat. 917
  • 1961Amended · Pub. L. 87-30 · 75 Stat. 70
  • 1974Amended · Pub. L. 93-259 · 88 Stat. 72

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

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