Investigations and inspections
section 212 of this titlesection 212 of this titlesection 217 of this titleThe 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 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 , the Administrator shall bring all actions under to restrain violations of this chapter.
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.
Records
section 207(p)(3) of this titleEvery 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 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 may not be required under this subsection to keep a record of the hours of the substitute work.
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, § 1152 Stat. 106660 Stat. 1095Oct. 26, 1949, ch. 736, § 963 Stat. 916Pub. L. 99–150, § 3(c)(2)99 Stat. 789(, ; 1946 Reorg. Plan No. 2, § 1(b), eff. , 11 F.R. 7873, ; , ; , , .)
Editorial Notes
Amendments
Pub. L. 99–150section 207(p)(3) of this title1985—Subsec. (c). inserted “The employer of an employee who performs substitute work described in may not be required under this subsection to keep a record of the hours of the substitute work.”
1949—Subsec. (d). Act , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Pub. L. 99–150section 6 of Pub. L. 99–150section 203 of this titleAmendment by effective , see , set out as a note under .
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 .
Public Law 99–150Effect of Amendments by on Public Agency Liability Respecting any Employee Covered Under Special Enforcement Policy
Pub. L. 99–150section 216 of this titlesection 7 of Pub. L. 99–150section 216 of this titleAmendment by not to affect liability of certain public agencies under for violation of this section occurring before , see , set out as a note under .
Definition of “Administrator”
section 204 of this titleThe term “Administrator” as meaning the Administrator of the Wage and Hour Division, see .
Executive Documents
Transfer of Functions
92 Stat. 3781Functions 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, , 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.
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.
section 203 of this title“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 .