Page 89 TITLE 29—LABOR § 214

ister, see section 16(a), formerly §15(a), of Pub. L. 89–670

and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.

Amendment by Pub. L. 89–601 effective Feb. 1, 1967,

except as otherwise provided, see section 602 of Pub. L.

89–601, set out as a note under section 203 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961,

except as otherwise provided, see section 14 of Pub. L.

87–30, set out as a note under section 203 of this title.

EFFECTIVE DATE OF 1957 AMENDMENT

Pub. L. 85–231, §2, provided that: ‘‘The amendments

made by this Act [amending this section and sections

216 and 217 of this title] shall take effect upon the expiration of ninety days from the date of its enactment

[Aug. 30, 1957].’’

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 vested by law (including reorganization

plans) in Bureau of the Budget or Director of Bureau of

the Budget transferred to President of the United

States by section 101 of Reorg. Plan No. 2 of 1970, eff.

July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management

and Budget.

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.

EXEMPTIONS FOR APPRENTICES AND STUDENT LEARNERS

Section 3 of Pub. L. 104–174 provided that: ‘‘Section 1

[amending this section] shall not be construed as affecting the exemption for apprentices and student

learners published in section 570.63 of title 29, Code of

Federal Regulations.’’

REGULATIONS CONCERNING COMPUTER, SOFTWARE, AND

OTHER SIMILARLY SKILLED PROFESSIONALS

Pub. L. 101–583, §2, Nov. 15, 1990, 104 Stat. 2871, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Nov. 15, 1990], the Secretary of

Labor shall promulgate regulations that permit computer systems analysts, computer programmers, software engineers, and other similarly skilled professional

workers as defined in such regulations to qualify as exempt executive, administrative, or professional employees under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). Such regulations

shall provide that if such employees are paid on an

hourly basis they shall be exempt only if their hourly

rate of pay is at least 61

⁄2 times greater than the applicable minimum wage rate under section 6 of such Act

(29 U.S.C. 206).’’

PUBLIC AGENCY EMPLOYEES IN FIRE PROTECTION AND

LAW ENFORCEMENT ACTIVITIES; STUDIES IN 1976 OF

1975 TOURS OF DUTY

Section 6(c)(3) of Pub. L. 93–259 authorized Secretary

of Labor to conduct a study in 1976 of average number

of hours in tours of duty in work periods in 1975 of certain employees of public agencies employed in fire protection and law enforcement activities, and publish results of such studies in Federal Register.

PIPELINE EMPLOYEES UNDER SUBSEC. (b)(2)

Section 23(c) of Pub. L. 93–259 provided in part for

amendment of subsec. (b)(2) of this section ‘‘insofar as

it relates to pipeline employees’’.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH

REGARD TO 1966 AMENDMENTS

Secretary authorized to promulgate necessary rules,

regulations, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966, with regard to

the amendments made by Pub. L. 89–601, see section 602

of Pub. L. 89–601, set out as a note under section 203 of

this title.

STUDY OF AGRICULTURAL HANDLING AND PROCESSING

EXEMPTIONS AND RATES OF PAY IN EXEMPT FOOD

SERVICE ENTERPRISES

Section 13 of Pub. L. 87–30 directed Secretary of

Labor to study complicated system of exemptions

available for handling and processing agricultural products under this chapter and complex problems involving rates of pay of certain employees exempted from

provisions of this chapter, and submit results of his

studies along with his recommendations for proposed

legislation to second session of Eighty-seventh Congress.

TRANSPORTATION OF MIGRANT FARM WORKERS

Section 3 of act Aug. 3, 1956, provided that: ‘‘Section

13(b)(1) of the Fair Labor Standards Act, as amended

[subsec. (b)(1) of this section] shall not apply in the

case of any employee with respect to whom the Interstate Commerce Commission [now Secretary of Transportation] has power to establish qualifications and

maximum hours of service solely by virtue of section

204(a)(3a) of the Interstate Commerce Act [now 49

U.S.C. 31502].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 216, 218, 795,

1803, 2612 of this title; title 5 sections 5343, 5349, 5545a;

title 42 sections 300e–9, 1437t, 3056, 8009, 8011.

§ 214. Employment under special certificates

(a) Learners, apprentices, messengers

The Secretary, to the extent necessary in

order to prevent curtailment of opportunities

for employment, shall by regulations or by orders provide for the employment of learners, of

apprentices, and of messengers employed primarily in delivering letters and messages, under

special certificates issued pursuant to regulations of the Secretary, at such wages lower than

the minimum wage applicable under section 206

of this title and subject to such limitations as to

time, number, proportion, and length of service

as the Secretary shall prescribe.

(b) Students

(1)(A) The Secretary, to the extent necessary

in order to prevent curtailment of opportunities

for employment, shall by special certificate issued under a regulation or order provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum

of the otherwise applicable wage rate in effect

under section 206 of this title or not less than

$1.60 an hour, whichever is the higher, of fulltime students (regardless of age but in compliance with applicable child labor laws) in retail

or service establishments.

(B) Except as provided in paragraph (4)(B),

during any month in which full-time students

are to be employed in any retail or service establishment under certificates issued under this

subsection the proportion of student hours of

employment to the total hours of employment

of all employees in such establishment may not

exceed—
§ 214 TITLE 29—LABOR Page 90

(i) in the case of a retail or service establishment whose employees (other than employees

engaged in commerce or in the production of

goods for commerce) were covered by this

chapter before the effective date of the Fair

Labor Standards Amendments of 1974—

(I) the proportion of student hours of employment to the total hours of employment

of all employees in such establishment for

the corresponding month of the immediately

preceding twelve-month period,

(II) the maximum proportion for any corresponding month of student hours of employment to the total hours of employment

of all employees in such establishment applicable to the issuance of certificates under

this section at any time before the effective

date of the Fair Labor Standards Amendments of 1974 for the employment of students by such employer, or

(III) a proportion equal to one-tenth of the

total hours of employment of all employees

in such establishment,

whichever is greater;

(ii) in the case of retail or service establishment whose employees (other than employees

engaged in commerce or in the production of

goods for commerce) are covered for the first

time on or after the effective date of the Fair

Labor Standards Amendments of 1974—

(I) the proportion of hours of employment

of students in such establishment to the

total hours of employment of all employees

in such establishment for the corresponding

month of the twelve-month period immediately prior to the effective date of such

Amendments,

(II) the proportion of student hours of employment to the total hours of employment

of all employees in such establishment for

the corresponding month of the immediately

preceding twelve-month period, or

(III) a proportion equal to one-tenth of the

total hours of employment of all employees

in such establishment,

whichever is greater; or

(iii) in the case of a retail or service establishment for which records of student hours

worked are not available, the proportion of

student hours of employment to the total

hours of employment of all employees based

on the practice during the immediately preceding twelve-month period in (I) similar establishments of the same employer in the

same general metropolitan area in which such

establishment is located, (II) similar establishments of the same or nearby communities

if such establishment is not in a metropolitan

area, or (III) other establishments of the same

general character operating in the community

or the nearest comparable community.

For purpose of clauses (i), (ii), and (iii) of this

subparagraph, the term ‘‘student hours of employment’’ means hours during which students

are employed in a retail or service establishment under certificates issued under this subsection.

(2) The Secretary, to the extent necessary in

order to prevent curtailment of opportunities

for employment, shall by special certificate issued under a regulation or order provide for the

employment, at a wage rate not less than 85 per

centum of the wage rate in effect under section

206(a)(5) of this title or not less than $1.30 an

hour, whichever is the higher, of full-time students (regardless of age but in compliance with

applicable child labor laws) in any occupation in

agriculture.

(3) The Secretary, to the extent necessary in

order to prevent curtailment of opportunities

for employment, shall by special certificate issued under a regulation or order provide for the

employment by an institution of higher education, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206 of this title or not less

than $1.60 an hour, whichever is the higher, of

full-time students (regardless of age but in compliance with applicable child labor laws) who are

enrolled in such institution. The Secretary shall

by regulation prescribe standards and requirements to insure that this paragraph will not create a substantial probability of reducing the

full-time employment opportunities of persons

other than those to whom the minimum wage

rate authorized by this paragraph is applicable.

(4)(A) A special certificate issued under paragraph (1), (2), or (3) shall provide that the student or students for whom it is issued shall, except during vacation periods, be employed on a

part-time basis and not in excess of twenty

hours in any workweek.

(B) If the issuance of a special certificate

under paragraph (1) or (2) for an employer will

cause the number of students employed by such

employer under special certificates issued under

this subsection to exceed six, the Secretary may

not issue such a special certificate for the employment of a student by such employer unless

the Secretary finds employment of such student

will not create a substantial probability of reducing the full-time employment opportunities

of persons other than those employed under special certificates issued under this subsection. If

the issuance of a special certificate under paragraph (1) or (2) for an employer will not cause

the number of students employed by such employer under special certificates issued under

this subsection to exceed six—

(i) the Secretary may issue a special certificate under paragraph (1) or (2) for the employment of a student by such employer if such

employer certifies to the Secretary that the

employment of such student will not reduce

the full-time employment opportunities of

persons other than those employed under special certificates issued under this subsection,

and

(ii) in the case of an employer which is a retail or service establishment, subparagraph

(B) of paragraph (1) shall not apply with respect to the issuance of special certificates for

such employer under such paragraph.

The requirement of this subparagraph shall not

apply in the case of the issuance of special certificates under paragraph (3) for the employment of full-time students by institutions of

higher education; except that if the Secretary

determines that an institution of higher education is employing students under certificates

issued under paragraph (3) but in violation of
Page 91 TITLE 29—LABOR § 214

the requirements of that paragraph or of regulations issued thereunder, the requirements of

this subparagraph shall apply with respect to

the issuance of special certificates under paragraph (3) for the employment of students by

such institution.

(C) No special certificate may be issued under

this subsection unless the employer for whom

the certificate is to be issued provides evidence

satisfactory to the Secretary of the student

status of the employees to be employed under

such special certificate.

(D) To minimize paperwork for, and to encourage, small businesses to employ students under

special certificates issued under paragraphs (1)

and (2), the Secretary shall, by regulation or

order, prescribe a simplified application form to

be used by employers in applying for such a certificate for the employment of not more than six

full-time students. Such an application shall require only—

(i) a listing of the name, address, and business of the applicant employer,

(ii) a listing of the date the applicant began

business, and

(iii) the certification that the employment

of such full-time students will not reduce the

full-time employment opportunities of persons

other than persons employed under special

certificates.

(c) Handicapped workers

(1) The Secretary, to the extent necessary to

prevent curtailment of opportunities for employment, shall by regulation or order provide

for the employment, under special certificates,

of individuals (including individuals employed

in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury, at wages which are—

(A) lower than the minimum wage applicable

under section 206 of this title,

(B) commensurate with those paid to nonhandicapped workers, employed in the vicinity

in which the individuals under the certificates

are employed, for essentially the same type,

quality, and quantity of work, and

(C) related to the individual’s productivity.

(2) The Secretary shall not issue a certificate

under paragraph (1) unless the employer provides written assurances to the Secretary that—

(A) in the case of individuals paid on an

hourly rate basis, wages paid in accordance

with paragraph (1) will be reviewed by the employer at periodic intervals at least once every

six months, and

(B) wages paid in accordance with paragraph

(1) will be adjusted by the employer at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to

experienced nonhandicapped individuals employed in the locality for essentially the same

type of work.

(3) Notwithstanding paragraph (1), no employer shall be permitted to reduce the hourly

wage rate prescribed by certificate under this

subsection in effect on June 1, 1986, of any

handicapped individual for a period of two years

from such date without prior authorization of

the Secretary.

(4) Nothing in this subsection shall be construed to prohibit an employer from maintaining or establishing work activities centers to

provide therapeutic activities for handicapped

clients.

(5)(A) Notwithstanding any other provision of

this subsection, any employee receiving a special minimum wage at a rate specified pursuant

to this subsection or the parent or guardian of

such an employee may petition the Secretary to

obtain a review of such special minimum wage

rate. An employee or the employee’s parent or

guardian may file such a petition for and in behalf of the employee or in behalf of the employee and other employees similarly situated.

No employee may be a party to any such action

unless the employee or the employee’s parent or

guardian gives consent in writing to become

such a party and such consent is filed with the

Secretary.

(B) Upon receipt of a petition filed in accordance with subparagraph (A), the Secretary within ten days shall assign the petition to an administrative law judge appointed pursuant to

section 3105 of title 5. The administrative law

judge shall conduct a hearing on the record in

accordance with section 554 of title 5 with respect to such petition within thirty days after

assignment.

(C) In any such proceeding, the employer shall

have the burden of demonstrating that the special minimum wage rate is justified as necessary

in order to prevent curtailment of opportunities

for employment.

(D) In determining whether any special minimum wage rate is justified pursuant to subparagraph (C), the administrative law judge shall

consider—

(i) the productivity of the employee or employees identified in the petition and the conditions under which such productivity was

measured; and

(ii) the productivity of other employees performing work of essentially the same type and

quality for other employers in the same vicinity.

(E) The administrative law judge shall issue a

decision within thirty days after the hearing

provided for in subparagraph (B). Such action

shall be deemed to be a final agency action unless within thirty days the Secretary grants a

request to review the decision of the administrative law judge. Either the petitioner or the employer may request review by the Secretary

within fifteen days of the date of issuance of the

decision by the administrative law judge.

(F) The Secretary, within thirty days after receiving a request for review, shall review the

record and either adopt the decision of the administrative law judge or issue exceptions. The

decision of the administrative law judge, together with any exceptions, shall be deemed to

be a final agency action.

(G) A final agency action shall be subject to

judicial review pursuant to chapter 7 of title 5.

An action seeking such review shall be brought

within thirty days of a final agency action described in subparagraph (F).

(d) Employment by schools

The Secretary may by regulation or order provide that sections 206 and 207 of this title shall
§ 214 TITLE 29—LABOR Page 92

not apply with respect to the employment by

any elementary or secondary school of its students if such employment constitutes, as determined under regulations prescribed by the Secretary, an integral part of the regular education

program provided by such school and such employment is in accordance with applicable child

labor laws.

(June 25, 1938, ch. 676, §14, 52 Stat. 1068; Oct. 26,

1949, ch. 736, §12, 63 Stat. 918; Pub. L. 87–30, §11,

May 5, 1961, 75 Stat. 74; Pub. L. 89–601, title V,

§501, Sept. 23, 1966, 80 Stat. 842; Pub. L. 93–259,

§24(a), (b), Apr. 8, 1974, 88 Stat. 69, 72; Pub. L.

95–151, §§12, 13, Nov. 1, 1977, 91 Stat. 1252; Pub. L.

99–486, Oct. 16, 1986, 100 Stat. 1229; Pub. L.

101–157, §4(d), Nov. 17, 1989, 103 Stat. 941.)

REFERENCES IN TEXT

Effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (b)(1)(B)(i), (ii),

means May 1, 1974, except as otherwise specifically provided, under provisions of section 29(a) of Pub. L.

93–259, set out as an Effective Date of 1974 Amendment

note under section 202 of this title.

AMENDMENTS

1989—Subsec. (b)(1)(A). Pub. L. 101–157 struck out ‘‘(or

in the case of employment in Puerto Rico or the Virgin

Islands not described in section 205(e) of this title, at a

wage rate not less than 85 per centum of the otherwise

applicable wage rate in effect under section 206(c) of

this title)’’ after ‘‘whichever is the higher’’.

Subsec. (b)(2), (3). Pub. L. 101–157 struck out ‘‘(or in

the case of employment in Puerto Rico or the Virgin Islands not described in section 205(e) of this title, at a

wage rate not less than 85 per centum of the wage rate

in effect under section 206(c) of this title)’’ after

‘‘whichever is the higher’’.

1986—Subsec. (c). Pub. L. 99–486 amended subsec. (c)

generally, revising and restating as pars. (1) to (5) provisions formerly contained in pars. (1) to (3).

1977—Subsec. (b)(4)(B). Pub. L. 95–151, §12(a), substituted ‘‘six’’ for ‘‘four’’ wherever appearing.

Subsec. (b)(4)(D). Pub. L. 95–151, §13, added subpar.

(D).

1974—Subsec. (a). Pub. L. 93–259, §24(a), added subsec.

(a) and struck out former subsec. (a) which had provided: ‘‘The Secretary of Labor, to the extent necessary

in order to prevent curtailment of opportunities for

employment, shall by regulations or by orders provide

for the employment of learners, of apprentices, and of

messengers employed primarily in delivery letters and

messages, under special certificates issued pursuant to

regulations of the Secretary, at such wages lower than

the minimum wage applicable under section 206 of this

title and subject to such limitations as to time, number, proportion, and length of service as the Secretary

shall prescribe.’’

Subsec. (b). Pub. L. 93–259, §24(a), added subsec. (b)

and struck out former subsec. (b) which had provided:

‘‘The Secretary, to the extent necessary in order to

prevent curtailment of opportunities for employment,

shall by regulation or order provide for the employment of full-time students, regardless of age but in

compliance with applicable child labor laws, on a parttime basis in retail or service establishments (not to

exceed twenty hours in any workweek) or on a parttime or full-time basis in such establishments during

school vacations, under special certificates issued pursuant to regulations of the Secretary, at a wage rate

not less than 85 per centum of the minimum wage applicable under section 206 of this title, except that the

proportion of student hours of employment to total

hours of employment of all employees in any establishment may not exceed (1) such proportion for the corresponding month of the twelve-month period preceding May 1, 1961, (2) in the case of a retail or service establishment whose employees (other than employees

engaged in commerce or in the production of goods for

commerce) are covered by this chapter for the first

time on or after the effective date of the Fair Labor

Standards Amendments of 1966, such proportion for the

corresponding month of the twelve-month period immediately prior to such date, or (3) in the case of a retail or service establishment coming into existence

after May 1, 1961, or a retail or service establishment

for which records of student hours worked are not

available, a proportion of student hours of employment

to total hours of employment of all employees based on

the practice during the twelve-month period preceding

May 1, 1961, in (A) similar establishments of the same

employer in the same general metropolitan area in

which the new establishment is located, (B) similar establishments of the same employer in the same or nearby counties if the new establishment is not in a metropolitan area, or (C) other establishments of the same

general character operating in the community or the

nearest comparable community. Before the Secretary

may issue a certificate under this subsection he must

find that such employment will not create a substantial probability of reducing the full-time employment

opportunities of persons other than those employed

under this subsection.’’

Subsecs. (c), (d). Pub. L. 93–259, §24(a), (b), struck out

subsec. (c) and redesignated subsec. (d) as (c). Former

subsec. (c) had provided: ‘‘The Secretary, to the extent

necessary in order to prevent curtailment of opportunities for employment, shall by certificate or order provide for the employment of full-time students, regardless of age but in compliance with applicable child

labor laws, on a part-time basis in agriculture (not to

exceed twenty hours in any workweek) or on a parttime or full-time basis in agriculture during school vacations, at a wage rate not less than 85 per centum of

the minimum wage applicable under section 206 of this

title. Before the Secretary may issue a certificate or

order under this subsection he must find that such employment will not create a substantial probability of

reducing the full-time employment opportunities of

persons other than those employed under this subsection.’’

1966—Pub. L. 89–601 provided for employment of fulltime students regardless of age but in compliance with

applicable child labor laws outside of their school hours

in retail or service establishments or in agriculture at

not less than 85 percent of the minimum wage in fulltime positions during school vacations or in part-time

positions not to exceed 20 hours in any workweek under

certificates issued by the Secretary, set out the formula for the allowable proportion of student hours of

employment to total hours of employment, provided

for the employment of handicapped workers at rates

down to 50 percent of the applicable minimum wage and

at even lower rates for persons suffering severe impairment, authorized the establishment of special rates for

handicapped workers employed in work activities centers, and defined work activity centers.

1961—Pub. L. 87–30 provided for employment of students in cl. (1).

1949—Act Oct. 26, 1949, substituted ‘‘primarily’’ for

‘‘exclusively’’ after ‘‘messengers employed’’.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95–151 effective Nov. 1, 1977,

see section 15(b) of Pub. L. 95–151, set out as a note

under section 203 of this title.

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.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89–601 effective Feb. 1, 1967,

except as otherwise provided, see section 602 of Pub. L.

89–601, set out as a note under section 203 of this title.
Page 93 TITLE 29—LABOR § 215

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961,

except as otherwise provided, see section 14 of Pub. L.

87–30, 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

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.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH

REGARD TO 1966 AMENDMENTS

Secretary authorized to promulgate necessary rules,

regulations, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966, with regard to

the amendments made by Pub. L. 89–601, see section 602

of Pub. L. 89–601, set out as a note under section 203 of

this title.

STUDY OF WAGES PAID HANDICAPPED CLIENTS IN

SHELTERED WORKSHOPS

Section 605 of Pub. L. 89–601 instructed Secretary of

Labor to commence a complete study of wage payments to handicapped clients of sheltered workshops

and of feasibility of raising existing wage standards in

such workshops. The Secretary was directed to report

to Congress by July 1, 1967, findings of such study with

appropriate recommendations.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 215, 721, 795 of

this title.

§ 215. Prohibited acts; prima facie evidence

(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.

(b) For the purposes of subsection (a)(1) of this

section 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.

(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.)

AMENDMENTS

1949—Subsec. (a)(1). Act Oct. 26, 1949, §13(a), inserted

provision protecting purchaser in good faith in sale of

goods produced in violation of this chapter.

Subsec. (a)(5). Act Oct. 26, 1949, §13(b), inserted ‘‘or

any regulation or order made or continued in effect

under the provisions of section 211(d) of this title’’ after

‘‘211(c) 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

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.

LIABILITY OF PUBLIC AGENCY FOR DISCRIMINATION

AGAINST EMPLOYEE FOR ASSERTION OF COVERAGE

Pub. L. 99–150, §8, Nov. 13, 1985, 99 Stat. 791, provided

that: ‘‘A public agency which is a State, political subdivision of a State, or an interstate governmental agency and which discriminates or has discriminated

against an employee with respect to the employee’s

wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor

Standards Act of 1938 [29 U.S.C. 207] shall be held to

have violated section 15(a)(3) of such Act [29 U.S.C.

215(a)(3)]. The protection against discrimination afforded by the preceding sentence shall be available

after August 1, 1986, only for an employee who takes an

action described in section 15(a)(3) of such Act.’’

CROSS REFERENCES

Prohibition of age discrimination under this section,

see section 626 of this title.