29 U.S.C. § 204 — Administration

submitted 88 years ago by ch. 676 to r/title-29-LABOR · 924 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Wage and Hour Division inside the Department of Labor. An Administrator, appointed by the President, runs it and hires staff based on merit. The Secretary of Labor must report to Congress every two years on wage and hour issues.

(a) This creates a Wage and Hour Division inside the Department of Labor, led by an Administrator. The President appoints the Administrator, with the Senate's approval. (b) The Administrator can hire staff — following civil-service rules — and set their pay under the usual federal pay rules. The Administrator can create regional or local offices, and use volunteer help when needed. Lawyers hired this way can represent the Administrator in court, but the Attorney General controls all such litigation. Hiring and promotions must be based only on merit and ability — never on political tests. (c) The Administrator's main office is in Washington, D.C., but the Administrator (or an authorized representative) can use these powers anywhere. (d)(1) Every two years, in January, the Secretary must report to Congress on the past two years' work, with data and legislative recommendations. This report must evaluate the law's minimum-wage and overtime rules, considering changes in the cost of living, productivity, manufacturing wages, and employers' ability to absorb wage increases. It must also summarize special certificates issued under section 214(b). (2) The Secretary must study whether each special exemption in section 213 is still justified, including its effects on employees at certain establishments, and report findings to Congress by January 1, 1976. (3) The Secretary must continually study how to prevent job losses for groups with historically high unemployment (like disadvantaged minorities, youth, and the elderly). The first report on this was due one year after the 1974 Fair Labor Standards Amendments took effect, with follow-up reports every two years after that. Each report must suggest how the Secretary should use the powers in section 214. (e) If the Secretary suspects that foreign competition has caused or is likely to cause more unemployment in the U.S. in some industry, the Secretary must investigate. If the investigation confirms this, the Secretary must report the findings to the President and Congress — and may also include information on jobs gained through more exports in that industry. (f) The Secretary can make an agreement with the Librarian of Congress covering Library of Congress employees under this chapter. Also, the Director of the Office of Personnel Management can administer this chapter for any federal employee — except those at the Library of Congress, U.S. Postal Service, Postal Regulatory Commission, or Tennessee Valley Authority. None of this stops an employee from suing for unpaid wages or overtime, plus damages, under section 216(b).

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

(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.

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) Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities

(1)

The Secretary shall submit biennially in January a report to the Congress covering his activities for the preceding two years 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 Regulatory 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 credit: (June 25, 1938, ch. 676, § 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, § 2, 69 Stat. 711; Pub. L. 87–30, § 3, May 5, 1961, 75 Stat. 66; Pub. L. 93–259, §§ 6(b), 24(c), 27, Apr. 8, 1974, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104–66, title I, § 1102(a), Dec. 21, 1995, 109 Stat. 722; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 676 · 52 Stat. 1061
1949Amended · Act of Oct. 26, 1949, ch. 736 · 63 Stat. 911
1949Amended · Act of Oct. 28, 1949, ch. 782 · 63 Stat. 972
1955Amended · Act of Aug. 12, 1955, ch. 867 · 69 Stat. 711
1961Amended · Pub. L. 87-30 · 75 Stat. 66
1974Amended · Pub. L. 93-259 · 88 Stat. 60, 72, 73
1995Amended · Pub. L. 104-66 · 109 Stat. 722
2006Amended · Pub. L. 109-435 · 120 Stat. 3242

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

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