Title 29 — Labor
Chapter 8 — Fair Labor Standards
§ 204. Administration
Statutory text
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.
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.
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.
Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities
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.
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 .
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.
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.
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 Regulatory 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Fair Labor Standards Act of 1938
Pub. L. 75–676 § 4 · 52 Stat. 1060
Enacted · 29 U.S.C. § 204
June 25, 1938, ch. 676, § 4, 52 Stat. 1061
Source evidence
Code source credit
June 25, 1938, ch. 676, § 4, 52 Stat. 1061Enacted provision · exact public law section
Sec. 4. administrator (a) There is hereby created in the Department of Labor a Wage and Hour Division created in Department of Labor. Post, p. 1139. 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 Act referred to as the “Administrator”). The Administrator, appointment and compensation. Administrator shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate of $10,000 a year. (b) The Administrator may, subject to the civil-service laws, Personal services. 5 U. S. C. §§ 631–652, 661–674; Supp. III, §§ 673, 673c. appoint such employees as he deems necessary to carry out his functions and duties under this Act and shall fix their compensation in accordance with the Classification Act of 1923, as amended. The Regional, etc., agencies. Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as Attorneys; supervision of litigation. 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 direct ion and control Appointments, promotions, etc. 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) Location of principal office. 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) Annual report to Congress. The Administrator shall submit annually in January a report to the Congress covering his activities for the preceding year and including such information, data, and recommendations for further legislation in connection with the matters covered by this Act as he may find advisable.Public Law not identified
Substituted · 29 U.S.C. § 204(b)
Subsec. (b). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.Public Law not identified
Changed · 29 U.S.C. § 204(a)
Subsec. (a). Act Oct. 26, 1949, increased compensation of Administrator to $15,000
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 26, 1949, increased compensation of Administrator to $15,000.Public Law not identified
Changed · 29 U.S.C. § 204(d)
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
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
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.Pub. L. 87–30 § 3 · 75 Stat. 65
Added · 29 U.S.C. § 204(e)
Pub. L. 87–30 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 87–30 added subsec. (e).Enacted provision · exact public law section
Sec. 3. investigations of effects on employment of foreign competition Section 4 of such Act is amended by adding at the end thereof the following new subsection: “(e) Whenever the Secretary has reason to believe that in any industry under this Act 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 Act as he may determine to be pertinent to such report.”Pub. L. 93–259 · [88 Stat. 55]
Inserted · 29 U.S.C. § 204(d)(1)
Pub. L. 93–259, §§ 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
Amended · 29 U.S.C. § 204(d)(1)
Pub. L. 93–259, §§ 24(c), 27(1), (2), 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
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 93–259, §§ 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.Effective date note
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.Pub. L. 93–259 § 27(3) · [88 Stat. 55]
Added · 29 U.S.C. § 204(d)(2); 29 U.S.C. § 204(d)(3)
Pub. L. 93–259, § 27(3), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (d)(2), (3). Pub. L. 93–259, § 27(3), added pars. (2) and (3).Enacted provision · exact public law section
(3) by adding at the end thereof the following new paragraphs: “(2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 13 of this Act, and the extent to which such exemptions apply to employees Ante, p. 72. Ante, p. 66. of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such Report to Congress. 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 Reports to Congress. 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 Ante, p. 69. under section 14 of this Act.”.Effective date note
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.Pub. L. 93–259 § 6(b) · [88 Stat. 55]
Added · 29 U.S.C. § 204(f)
Pub. L. 93–259, § 6(b), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 93–259, § 6(b), added subsec. (f).Enacted provision · exact public law section
29 USC 204.(b) Section 4 is amended by adding at the end thereof the following new subsection: “(f) 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 Act with respect to such individuals. Not-withstanding any other provision of this Act, or any other law, the Civil Service Commission is authorized to administer the provisions of this Act 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 impaid overtime compensation, and liquidated 29 USC 216. damages under section 16(b) of this Act.”.Effective date note
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.Federal Reports Elimination and Sunset Act of 1995
Pub. L. 104–66 title I § 1102(a) · 109 Stat. 707
Substituted · 29 U.S.C. § 204(d)(1)
Pub. L. 104–66 in first sentence substituted “biennially” and “preceding two years” for “annually” and “preceding year”, respectively
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 104–66 in first sentence substituted “biennially” and “preceding two years” for “annually” and “preceding year”, respectively.Enacted provision · exact public law section
(a) Report on the Activities Conducted Under the Fair Labor Standards Act of 1938.— Section 4(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 204(d)(1)) is amended— (1) by striking “annually” and inserting “biennially”; and (2) by striking “preceding year” and inserting “preceding two years”.Pub. L. 109–435 title VI § 604(f) · 120 Stat. 3198
Substituted · 29 U.S.C. § 204(f)
Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.Enacted provision · exact public law section
(f) Other References.— Whenever a reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.
6 of 11 references resolved to an enrolled provision · 2 partial · 3 unresolved
Editorial Notes
References in Text
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 , 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, § 7(b), , 80 Stat. 631, the first section of which enacted Title 5.
Amendments1949–2006 · 6 rounds
2006
Subsec. (f). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
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, §§ 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, § 27(3), added pars. (2) and (3).
Subsec. (f). Pub. L. 93–259, § 6(b), added subsec. (f).
1961
Subsec. (e). Pub. L. 87–30 added subsec. (e).
1955
Subsec. (d). Act , 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 , substituted “Classification Act of 1949” for “Classification Act of 1923”.
Subsec. (a). Act , increased compensation of Administrator to $15,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–259 effective , 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 , 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 , effective , see section 16(a) of act , set out as a note under section 202 of this title.
Repeals
Acts Oct. 26, 1949, ch. 736, § 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, , § 8, 80 Stat. 632, 655.
Termination of Reporting Requirements
For termination, effective , 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, set out as a note under section 1113 of Title 31, Money and Finance.
Minimum Wage Study Commission; Establishment, Purposes, Composition, Etc.
Pub. L. 95–151, § 2(e), , 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 , and the Commission to cease to exist thirty days after submission of the report.
Definition of “Secretary”
Act Aug. 12, 1955, ch. 867, § 6, 69 Stat. 712, 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.”
Executive Documents
Transfer of Functions
Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (d)(1) and (f) in Secretary of Labor and Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective , as provided by section 1–101 of Ex. Ord. No. 12106, , 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, § 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 , as provided by section 1–102 of Ex. Ord. No. 12107, , 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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.
Credits
1938–2006 · 9 acts
- 1938June 25, 1938, ch. 676, § 4, 52 Stat. 1061
- 1949Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911
- 1949Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972
- 1955Aug. 12, 1955, ch. 867, § 2, 69 Stat. 711
- 1961Pub. L. 87–30, § 3, , 75 Stat. 66
- 1974Pub. L. 93–259, §§ 6(b), 24(c), 27, , 88 Stat. 60, 72, 73
- 19791978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, 92 Stat. 3783
- 1995Pub. L. 104–66, title I, § 1102(a), , 109 Stat. 722
- 2006Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.
Show as published
(June 25, 1938, ch. 676, § 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, § 2, 69 Stat. 711; Pub. L. 87–30, § 3, , 75 Stat. 66; Pub. L. 93–259, §§ 6(b), 24(c), 27, , 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104–66, title I, § 1102(a), , 109 Stat. 722; Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.)