§ 204. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC204]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 204. Administration
(a) 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.
(b) 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.
(c) 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.
(d) Biennial report to Congress; studies of exemptions to hour and wage
provisions and means to prevent curtailment of employment
opportunities
(1) The Secretary shall submit biennially in January a report to the
Congress covering his activities for the preceding two years and
including such information, data, and recommendations for further
legislation in connection with the matters covered by this chapter as he
may find advisable. Such report shall contain an evaluation and
appraisal by the Secretary of the minimum wages and overtime coverage
established by this chapter, together with his recommendations to the
Congress. In making such evaluation and appraisal, the Secretary shall
take into consideration any changes which may have occurred in the cost
of living and in productivity and the level of wages in manufacturing,
the ability of employers to absorb wage increases, and such other
factors as he may deem pertinent. Such report shall also include a
summary of the special certificates issued under section 214(b) of this
title.
(2) The Secretary shall conduct studies on the justification or lack
thereof for each of the special exemptions set forth in section 213 of
this title, and the extent to which such exemptions apply to employees
of establishments described in subsection (g) of such section and the
economic effects of the application of such exemptions to such
employees. The Secretary shall submit a report of his findings and
recommendations to the Congress with respect to the studies conducted
under this paragraph not later than January 1, 1976.
(3) The Secretary shall conduct a continuing study on means to
prevent curtailment of employment opportunities for manpower groups
which have had historically high incidences of unemployment (such as
disadvantaged minorities, youth, elderly, and such other groups as the
Secretary may designate). The first report of the results of such study
shall be transmitted to the Congress not later than one year after the
effective date of the Fair Labor Standards Amendments of 1974.
Subsequent reports on such study shall be transmitted to the Congress at
two-year intervals after such effective date. Each such report shall
include suggestions respecting the Secretary's authority under section
214 of this title.
(e) Study of effects of foreign production on unemployment; report to
President and Congress
Whenever 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: Provided, 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.
(f) Employees of Library of Congress; administration of provisions by
Office of Personnel Management
The 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 Rate
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 section 216(b) of this title.
(June 25, 1938, ch. 676, Sec. 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736,
Sec. 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63
Stat. 972; Aug. 12, 1955, ch. 867, Sec. 2, 69 Stat. 711; Pub. L. 87-30,
Sec. 3, May 5, 1961, 75 Stat. 66; Pub. L. 93-259, Secs. 6(b), 24(c), 27,
Apr. 8, 1974, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, Sec. 102,
eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104-66, title
I, Sec. 1102(a), Dec. 21, 1995, 109 Stat. 722.)
References in Text
The civil service laws, referred to in subsec. (b), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The effective date of the Fair Labor Standards Amendments of 1974,
referred to in subsec. (d)(3), is the effective date of Pub. L. 93-259,
which is May 1, 1974, except as otherwise specifically provided, see
section 29(a) of Pub. L. 93-259, set out as an Effective Date of 1974
Amendment note under section 202 of this title.
Codification
In subsec. (a), provisions that prescribed the compensation of the
Administrator were omitted to conform to the provisions of the Executive
Schedule. See section 5316 of Title 5, Government Organization and
Employees.
In 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 Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
Amendments
1995--Subsec. (d)(1). Pub. L. 104-66 in first sentence substituted
``biennially'' and ``preceding two years'' for ``annually'' and
``preceding year'', respectively.
1974--Subsec. (d)(1). Pub. L. 93-259, Secs. 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
section 214(b) of this title, 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.
Subsec. (d)(2), (3). Pub. L. 93-259, Sec. 27(3), added pars. (2) and
(3).
Subsec. (f). Pub. L. 93-259, Sec. 6(b), added subsec. (f).
1961--Subsec. (e). Pub. L. 87-30 added subsec. (e).
1955--Subsec. (d). Act Aug. 12, 1955, 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 Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act of 1923''.
Subsec. (a). Act Oct. 26, 1949, increased compensation of
Administrator to $15,000.
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 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 Oct. 26, 1949, see section
16(a) of act Oct. 26, 1949, set out as a note under section 202 of this
title.
Repeals
Acts Oct. 26, 1949, ch. 736, Sec. 4, 63 Stat. 911, and Oct. 28,
1949, ch. 782, cited as a credit to this section, were repealed (subject
to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat.
632, 655.
Termination of Reporting Requirements
For termination, effective May 15, 2000, 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 section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance.
Transfer of Functions
Functions relating to enforcement and administration of equal pay
provisions vested by subsecs. (d)(1) and (f) of this section in
Secretary of Labor and Civil Service Commission transferred to Equal
Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, Sec. 1,
43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5,
Government Organization and Employees, effective Jan. 1, 1979, as
provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.
1053.
``Director of the Office of Personnel Management'' substituted for
``Civil Service Commission'' in subsec. (f), pursuant to Reorg. Plan No.
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section
1101 of Title 5, 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 Jan. 1, 1979, as provided by
section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set
out under section 1101 of Title 5.
Functions 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,
Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to
Title 5.
Minimum Wage Study Commission; Establishment, Purposes, Composition,
Etc.
Pub. L. 95-151, Sec. 2(e), Nov. 1, 1977, 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 Nov. 1, 1977, and the
Commission to cease to exist thirty days after submission of the report.
Definition of ``Secretary''
Section 6 of act Aug. 12, 1955, provided that: ``The term
`Secretary' as used in this Act and in amendments made by this Act
[amending this section and sections 205, 206, 208, and 210 of this
title] means the Secretary of Labor.''
