[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC211]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 211. Collection of data
(a) Investigations and inspections
The 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 section 212 of this title 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 section 212 of this title, the Administrator shall bring all
actions under section 217 of this title to restrain violations of this
chapter.
(b) 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.
(c) Records
Every 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
section 207(p)(3) of this title may not be required under this
subsection to keep a record of the hours of the substitute work.
(d) 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, Sec. 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2,
Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26,
1949, ch. 736, Sec. 9, 63 Stat. 916; Pub. L. 99-150, Sec. 3(c)(2), Nov.
13, 1985, 99 Stat. 789.)
Amendments
1985--Subsec. (c). Pub. L. 99-150 inserted ``The employer of an
employee who performs substitute work described in section 207(p)(3) of
this title may not be required under this subsection to keep a record of
the hours of the substitute work.''
1949--Subsec. (d). Act Oct. 26, 1949, added subsec. (d).
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section 6
of Pub. L. 99-150, set out as a note under section 203 of this title.
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Transfer of Functions
Functions 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, Sec. 1, 43 F.R. 19807, 92 Stat.
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