§ 210. — Court review of wage orders in Puerto Rico and the Virgin Islands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC210]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 210. Court review of wage orders in Puerto Rico and the
Virgin Islands
(a) Any person aggrieved by an order of the Secretary issued under
section 208 of this title may obtain a review of such order in the
United States Court of Appeals for any circuit wherein such person
resides or has his principal place of business, or in the United States
Court of Appeals for the District of Columbia, by filing in such court,
within 60 days after the entry of such order a written petition praying
that the order of the Secretary be modified or set aside in whole or in
part. A copy of such petition shall forthwith be transmitted by the
clerk of the court to the Secretary, and thereupon the Secretary shall
file in the court the record of the industry committee upon which the
order complained of was entered, as provided in section 2112 of title
28. Upon the filing of such petition such court shall have exclusive
jurisdiction to affirm, modify (including provision for the payment of
an appropriate minimum wage rate), or set aside such order in whole or
in part, so far as it is applicable to the petitioner. The review by the
court shall be limited to questions of law, and findings of fact by such
industry committee when supported by substantial evidence shall be
conclusive. No objection to the order of the Secretary shall be
considered by the court unless such objection shall have been urged
before such industry committee or unless there were reasonable grounds
for failure so to do. If application is made to the court for leave to
adduce additional evidence, and it is shown to the satisfaction of the
court that such additional evidence may materially affect the result of
the proceeding and that there were reasonable grounds for failure to
adduce such evidence in the proceedings before such industry committee,
the court may order such additional evidence to be taken before an
industry committee and to be adduced upon the hearing in such manner and
upon such terms and conditions as to the court may seem proper. Such
industry committee may modify the initial findings by reason of the
additional evidence so taken, and shall file with the court such
modified or new findings which if supported by substantial evidence
shall be conclusive, and shall also file its recommendation, if any, for
the modification or setting aside of the original order. The judgment
and decree of the court shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as provided
in section 1254 of title 28.
(b) The commencement of proceedings under subsection (a) of this
section shall not, unless specifically ordered by the court, operate as
a stay of the Administrator's order. The court shall not grant any stay
of the order unless the person complaining of such order shall file in
court an undertaking with a surety or sureties satisfactory to the court
for the payment to the employees affected by the order, in the event
such order is affirmed, of the amount by which the compensation such
employees are entitled to receive under the order exceeds the
compensation they actually receive while such stay is in effect.
(June 25, 1938, ch. 676, Sec. 10, 52 Stat. 1065; Aug. 12, 1955, ch. 867,
Sec. 5(f), 69 Stat. 712; Pub. L. 85-791, Sec. 22, Aug. 28, 1958, 72
Stat. 948; Pub. L. 93-259, Sec. 5(c)(2), Apr. 8, 1974, 88 Stat. 58.)
Amendments
1974--Subsec. (a). Pub. L. 93-259 inserted ``(including provision
for the payment of an appropriate minimum wage rate)'' in third sentence
after ``modify''.
1958--Subsec. (a). Pub. L. 85-791 substituted ``transmitted by the
clerk of the court to the Secretary, and thereupon the Secretary shall
file in the court the record of the industry committee'' for ``served
upon the Secretary, and thereupon the Secretary shall certify and file
in the court a transcript of the record'' in second sentence, and
inserted ``as provided in section 2112 of title 28'', and substituted
``petition'' for ``transcript'' in third sentence.
1955--Subsec. (a). Act Aug. 12, 1955, amended subsec. (a) generally
to make subsection conform to new procedure applicable to Puerto Rico
and Virgin Islands.
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.
Transfer of Functions
For 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, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
Organization and Employees.
Definition of ``Administrator''
The term ``Administrator'' as meaning the Administrator of the Wage
and Hour Division, see section 204 of this title.
Definition of ``Secretary''
The term ``Secretary'' as meaning the Secretary of Labor, see
section 6 of act Aug. 12, 1955, set out as a note under section 204 of
this title.
