§ 218 TITLE 29—LABOR Page 98

Action by Secretary of Labor to recover unpaid minimum wages or unpaid overtime compensation and liquidated damages, see section 216 of this title.

Child labor provisions, see section 212 of this title.

Criminal penalty for violation of section 215 of this

title, see section 216 of this title.

Duty of employer to keep and preserve employment

records, see section 211 of this title.

Prohibited acts; prima facie evidence, see section 215

of this title.

Secretary of Labor authorized to bring all actions

under this section to enjoin unlawful child labor acts or

practices, see section 212 of this title.

Secretary of Labor authorized to bring all injunctive

actions under this section to restrain violations of this

chapter, see section 211 of this title.

Venue of action not founded on diversity of citizenship, see section 1391 of Title 28, Judiciary and Judicial

Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 216, 626 of

this title.

§ 218. Relation to other laws

(a) No provision of this chapter or of any order

thereunder shall excuse noncompliance with any

Federal or State law or municipal ordinance establishing a minimum wage higher than the

minimum wage established under this chapter

or a maximum work week lower than the maximum workweek established under this chapter,

and no provision of this chapter relating to the

employment of child labor shall justify noncompliance with any Federal or State law or

municipal ordinance establishing a higher

standard than the standard established under

this chapter. No provision of this chapter shall

justify any employer in reducing a wage paid by

him which is in excess of the applicable minimum wage under this chapter, or justify any

employer in increasing hours of employment

maintained by him which are shorter than the

maximum hours applicable under this chapter.

(b) Notwithstanding any other provision of

this chapter (other than section 213(f) of this

title) or any other law—

(1) any Federal employee in the Canal Zone

engaged in employment of the kind described

in section 5102(c)(7) of title 5, or

(2) any employee employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,

shall have his basic compensation fixed or adjusted at a wage rate that is not less than the

appropriate wage rate provided for in section

206(a)(1) of this title (except that the wage rate

provided for in section 206(b) of this title shall

apply to any employee who performed services

during the workweek in a work place within the

Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the

overtime rate provided for in section 207(a)(1) of

this title.

(June 25, 1938, ch. 676, §18, 52 Stat. 1069; Pub. L.

89–601, title III, §306, Sept. 23, 1966, 80 Stat. 841;

Pub. L. 90–83, §8, Sept. 11, 1967, 81 Stat. 222.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec.

(b), see section 3602(b) of Title 22, Foreign Relations

and Intercourse.

AMENDMENTS

1967—Subsec. (b). Pub. L. 90–83 substituted reference

to section 5102(c)(7) of title 5 for reference to par. (7) of

section 202 of the Classification Act of 1949 to reflect

the amendment of section 5341(a) of title 5 by section

1(97) of Pub. L. 90–83 and struck out provision covering

employees described in section 7474 of title 10 in view of

the repeal of section 7474 of title 10 by Pub. L. 89–554.

1966—Pub. L. 89–601 designated existing provisions as

subsec. (a) and added subsec. (b).

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.

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.

§ 219. Separability

If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the remainder of this

chapter and the application of such provision to

other persons or circumstances shall not be affected thereby.

(June 25, 1938, ch. 676, §19, 52 Stat. 1069.)

CHAPTER 9—PORTAL-TO-PORTAL PAY

Sec.

251. Congressional findings and declaration of policy.

252. Relief from certain existing claims under the

Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the BaconDavis Act.

(a) Liability of employer.

(b) Compensable activity.

(c) Time of employment.

(d) Jurisdiction.

(e) Assignment of actions.

253. Compromise and waiver.

(a) Compromise of certain existing

claims under the Fair Labor Standards Act of 1938, the Walsh-Healey

Act, or the Bacon-Davis Act; limitations.

(b) Waiver of liquidated damages under

the Fair Labor Standards Act of

1938.

(c) Satisfaction.

(d) Retroactive effect of section.

(e) ‘‘Compromise’’ defined.

254. Relief from liability and punishment under

the Fair Labor Standards Act of 1938, the

Walsh-Healey Act, and the Bacon-Davis Act

for failure to pay minimum wage or overtime compensation.

(a) Activities not compensable.

(b) Compensability by contract or custom.

(c) Restriction on activities compensable

under contract or custom.

(d) Determination of time employed with

respect to activities.

255. Statute of limitations.

256. Determination of commencement of future

actions.

257. Pending collective and representative actions.