US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com