§ 211 TITLE 29—LABOR Page 78

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.

(June 25, 1938, ch. 676, §10, 52 Stat. 1065; Aug. 12,

1955, ch. 867, §5(f), 69 Stat. 712; Pub. L. 85–791,

§22, Aug. 28, 1958, 72 Stat. 948; Pub. L. 93–259,

§5(c)(2), Apr. 8, 1974, 88 Stat. 58.)

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.

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, §§1, 2, 15 F.R. 3174, 64 Stat.

1263, set out in the Appendix to Title 5, Government Organization and Employees.

DEFINITION OF ‘‘ADMINISTRATOR’’

The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of

this title.

DEFINITION OF ‘‘SECRETARY’’

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 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.

§ 211. Collection of data

(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
Page 79 TITLE 29—LABOR § 212

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.

(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.)

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.

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, §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, §§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 note set out 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.

DEFINITION OF ‘‘ADMINISTRATOR’’

The term ‘‘Administrator’’ as meaning the Administrator of the Wage and Hour Division, see section 204 of

this title.

CROSS REFERENCES

Attendance of witnesses and production of books, papers, and documents, see section 209 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 215, 626, 2616

of this title.

§ 212. Child labor provisions

(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.

(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.)

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, §10(a), struck out

effective date at beginning of subsection and inserted