29 U.S.C. § 215 — Prohibited acts; prima facie evidence

submitted 88 years ago by ch. 676 to r/title-29-LABOR · 468 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bans several acts tied to violating minimum wage, overtime, and child-labor rules — like shipping goods made in violation, retaliating against a worker who complains, and falsifying required records. Common carriers generally aren't liable just for transporting such goods. If an employee worked where shipped goods were made within 90 days of shipping, that's enough proof they helped produce them.

(a) Starting 120 days after June 25, 1938, it's unlawful for anyone to do any of these things: (1) Ship, transport, offer to transport, deliver, or sell in commerce — or do so knowing the shipment or sale is intended — any goods made where an employee was employed in violation of section 206 (minimum wage) or 207 (overtime), or in violation of a rule or order the Secretary issued under section 214. But this chapter doesn't make a common carrier liable just for transporting such goods in the normal course of its business, if the carrier itself didn't produce them, and it doesn't excuse a common carrier from its duty to accept goods for shipping. There's also an exception for a buyer who bought the goods in good faith, relying on the producer's written promise that the goods complied with this chapter, and who paid for them without knowing about any violation — that transportation, offer, shipment, delivery, or sale is not unlawful. (2) Violate section 206 or 207, or any rule or order the Secretary issued under section 214. (3) Fire or otherwise discriminate against an employee because that employee filed a complaint, started or helped start a proceeding under this chapter, testified or plans to testify in one, or served or plans to serve on an industry committee. (4) Violate section 212 (child labor rules). (5) Violate section 211(c), or a regulation or order issued or kept in force under section 211(d), or make a false statement, report, or record required by that section or its regulations, knowing it's false in a material way. (6) Violate section 218d. (b) To prove the part of (a)(1) about goods made in violation, it's enough to show an employee worked at a place where the shipped or sold goods were produced, within ninety days before the goods left that place. That alone is treated as strong (prima facie) evidence the employee helped produce the goods.

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

(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; and

(6)

to violate any of the provisions of section 218d of this title.

(b)

For the purposes of subsection (a)(1) 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 credit: (June 25, 1938, ch. 676, § 15, 52 Stat. 1068; Oct. 26, 1949, ch. 736, § 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263; Pub. L. 117–328, div. KK, § 102(b)(1), Dec. 29, 2022, 136 Stat. 6095.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 676 · 52 Stat. 1068
1949Amended · Act of Oct. 26, 1949, ch. 736 · 63 Stat. 919
2022Amended · Pub. L. 117-328 · 136 Stat. 6095

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

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