§ 215. — Prohibited acts; prima facie evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC215]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 215. Prohibited acts; prima facie evidence
(a) After the expiration of one hundred and twenty days from June
25, 1938, it shall be unlawful for any person--
(1) 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 section 207 of this title, or in
violation of any regulation or order of the Secretary issued under
section 214 of this title; 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) to violate any of the provisions of section 206 or section
207 of this title, or any of the provisions of any regulation or
order of the Secretary issued under section 214 of this title;
(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) to violate any of the provisions of section 212 of this
title;
(5) to violate any of the provisions of section 211(c) of this
title, or any regulation or order made or continued in effect under
the provisions of section 211(d) of this title, 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.
(b) For the purposes of subsection (a)(1) of this section 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, Sec. 15, 52 Stat. 1068; Oct. 26, 1949, ch. 736,
Sec. 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, Secs. 1, 2, eff. May 24,
1950, 15 F.R. 3174, 64 Stat. 1263.)
Amendments
1949--Subsec. (a)(1). Act Oct. 26, 1949, Sec. 13(a), inserted
provision protecting purchaser in good faith in sale of goods produced
in violation of this chapter.
Subsec. (a)(5). Act Oct. 26, 1949, Sec. 13(b), inserted ``or any
regulation or order made or continued in effect under the provisions of
section 211(d) of this title'' after ``211(c) 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
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.
Liability of Public Agency for Discrimination Against Employee for
Assertion of Coverage
Pub. L. 99-150, Sec. 8, Nov. 13, 1985, 99 Stat. 791, provided that:
``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 February
19, 1985, the employee asserted coverage under section 7 of the Fair
Labor Standards Act of 1938 [29 U.S.C. 207] shall be held to have
violated section 15(a)(3) of such Act [29 U.S.C. 215(a)(3)]. The
protection against discrimination afforded by the preceding sentence
shall be available after August 1, 1986, only for an employee who takes
an action described in section 15(a)(3) of such Act.''
Section Referred to in Other Sections
This section is referred to in sections 206, 216, 217, 626 of this
title.