Public Law 119-73 (01/23/2026)

29 U.S.C. § 215

Prohibited acts; prima facie evidence

(a)
After the expiration of one hundred and twenty days from , it shall be unlawful for any person—
(1)
section 207 of this titlesection 214 of this title 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 , or in violation of any regulation or order of the Secretary issued under ; 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)
section 207 of this titlesection 214 of this title to violate any of the provisions of section 206 or , or any of the provisions of any regulation or order of the Secretary issued under ;
(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)
section 212 of this title to violate any of the provisions of ;
(5)
section 211(c) of this titlesection 211(d) of this title to violate any of the provisions of , or any regulation or order made or continued in effect under the provisions of , 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)
section 218d of this title to violate any of the provisions of .
(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.

June 25, 1938, ch. 676, § 1552 Stat. 1068Oct. 26, 1949, ch. 736, § 1363 Stat. 91964 Stat. 1263Pub. L. 117–328, div. KK, § 102(b)(1)136 Stat. 6095(, ; , ; 1950 Reorg. Plan No. 6, §§ 1, 2, eff. , 15 F.R. 3174, ; , , .)

Editorial Notes

Amendments

Pub. L. 117–3282022—Subsec. (a)(6). added par. (6).

1949—Subsec. (a)(1). Act , § 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter.

section 211(d) of this titleSubsec. (a)(5). Act , § 13(b), inserted “or any regulation or order made or continued in effect under the provisions of ” after “211(c) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. KK, § 103(b)136 Stat. 6096

section 216 of this title“The amendments made by section 102(b) [amending this section and ] shall take effect on the date that is 120 days after the date of enactment of this Act [].”
, , , provided that:

Effective Date of 1949 Amendment

section 202 of this titleAmendment by act , effective ninety days after , see section 16(a) of act , set out as a note under .

Liability of Public Agency for Discrimination Against Employee for Assertion of Coverage

Pub. L. 99–150, § 899 Stat. 791

29 U.S.C. 20729 U.S.C. 215(a)(3)“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 , the employee asserted coverage under section 7 of the Fair Labor Standards Act of 1938 [] shall be held to have violated section 15(a)(3) of such Act []. The protection against discrimination afforded by the preceding sentence shall be available after , only for an employee who takes an action described in section 15(a)(3) of such Act.”
, , , provided that:

Executive Documents

Transfer of Functions

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