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.
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.
Principal office of Administrator; jurisdiction
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.
Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities
Study of effects of foreign production on unemployment; report to President and Congress
ProvidedWhenever 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: , 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.
Employees of Library of Congress; administration of provisions by Office of Personnel Management
section 216(b) of this titleThe 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 .
June 25, 1938, ch. 676, § 452 Stat. 1061Oct. 26, 1949, ch. 736, § 463 Stat. 911Oct. 28, 1949, ch. 78263 Stat. 972Aug. 12, 1955, ch. 867, § 269 Stat. 711Pub. L. 87–30, § 375 Stat. 66Pub. L. 93–25988 Stat. 6092 Stat. 3783Pub. L. 104–66, title I, § 1102(a)109 Stat. 722Pub. L. 109–435, title VI, § 604(f)120 Stat. 3242(, ; , ; , title XI, § 1106(a), ; , ; , , ; , §§ 6(b), 24(c), 27, , , 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–259section 29(a) of Pub. L. 93–259section 202 of this titleThe effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (d)(3), is the effective date of , which is , except as otherwise specifically provided, see , set out as an Effective Date of 1974 Amendment note under .
Codification
section 5316 of Title 5In subsec. (a), provisions that prescribed the compensation of the Administrator were omitted to conform to the provisions of the Executive Schedule. See , Government Organization and Employees.
Pub. L. 89–554, § 7(b)80 Stat. 631In subsec. (b), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of , , , the first section of which enacted Title 5.
Amendments
Pub. L. 109–4352006—Subsec. (f). substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Pub. L. 104–661995—Subsec. (d)(1). in first sentence substituted “biennially” and “preceding two years” for “annually” and “preceding year”, respectively.
Pub. L. 93–259section 214(b) of this title1974—Subsec. (d)(1). , §§ 24(c), 27(1), (2), inserted provision at end of subsec. (d) requiring the report to Congress to include a summary of the special certificates issued under , designated subsec. (d) provisions as subsec. (d)(1), and required the report to contain an evaluation and appraisal of overtime coverage established by this chapter, respectively.
Pub. L. 93–259, § 27(3)Subsec. (d)(2), (3). , added pars. (2) and (3).
Pub. L. 93–259, § 6(b)Subsec. (f). , added subsec. (f).
Pub. L. 87–301961—Subsec. (e). added subsec. (e).
1955—Subsec. (d). Act , required an evaluation and appraisal by the Secretary of the minimum wages, together with his recommendations to Congress, to be included in the annual report.
1949—Subsec. (b). Act , substituted “Classification Act of 1949” for “Classification Act of 1923”.
Subsec. (a). Act , increased compensation of Administrator to $15,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Pub. L. 93–259section 29(a) of Pub. L. 93–259section 202 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1961 Amendment
Pub. L. 87–30section 14 of Pub. L. 87–30section 203 of this titleAmendment by effective upon expiration of one hundred and twenty days after , except as otherwise provided, see , set out as a note under .
Effective Date of 1949 Amendment
section 202 of this titleAmendment by act , effective , see section 16(a) of act , set out as a note under .
Repeals
Oct. 26, 1949, ch. 736, § 463 Stat. 911Oct. 28, 1949, ch. 782Pub. L. 89–55480 Stat. 632Acts , , and , cited as a credit to this section, were repealed (subject to a savings clause) by , , § 8, , 655.
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under paragraphs (1) and (3) of subsec. (d) of this section are listed on page 124), see , set out as a note under , Money and Finance.
Minimum Wage Study Commission; Establishment, Purposes, Composition, Etc.
Pub. L. 95–151, § 2(e)91 Stat. 1246, , , provided for the establishment, purposes, composition, etc., of the Minimum Wage Study Commission, the submission of reports, with the latest report being submitted to the President and Congress thirty six months after the date of the appointment of the members of the Commission and such appointments being made within 180 days after , and the Commission to cease to exist thirty days after submission of the report.
Definition of “Secretary”
Act Aug. 12, 1955, ch. 867, § 669 Stat. 712
Executive Documents
Transfer of Functions
92 Stat. 3781Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (d)(1) and (f) in Secretary of Labor and Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, , set out in the Appendix to Title 5, Government Organization and Employees, effective , as provided by section 1–101 of Ex. Ord. No. 12106, , 44 F.R. 1053.
92 Stat. 3783section 1101 of Title 5section 1101 of Title 5“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (f), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, , set out under , Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of the Office of Personnel Management (except as otherwise specified), effective , as provided by section 1–102 of Ex. Ord. No. 12107, , 44 F.R. 1055, set out under .
64 Stat. 1263Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, , set out in the Appendix to Title 5.