§ 210. Court review of wage orders in Puerto Rico and the Virgin Islands

Footnotes

1. 1 See References in Text note below.

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.

1. 1938

   Fair Labor Standards Act of 1938

   Pub. L. 75–676 § 10 · 52 Stat. 1060

   Enacted · 29 U.S.C. § 210

   June 25, 1938, ch. 676, § 10, 52 Stat. 1065

   Source evidence

   Code source credit
   June 25, 1938, ch. 676, § 10, 52 Stat. 1065

   Enacted provision · exact public law section
   Sec. 10. court review (a) Any person aggrieved by an order of the Administrator Court review. issued under section 8 may obtain a review of such order in the circuit Ante, p. 1064. court of appeals of the United States 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 Filing of petition, service, etc. court, within sixty days after the entry of such order, a written petition praying that the order of the Administrator be modified or set aside in whole or in part. A copy of such petition shall forthwith be served upon the Administrator, and thereupon the Administrator shall certify and file in the court, a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, 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 Limitation. law, and findings of fact by the Administrator when supported by substantial evidence shall be conclusive. No objection to the order of the Administrator shall be considered by the court unless such objection shall have been urged before the Administrator or unless Additional evidence. 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 proceeding before the Administrator, the court may order such additional evidence to be taken before the Administrator and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Administrator may modify his 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 his recommendation, if any, for the modification or setting aside of the original Finality of judgment and decree; review. 36 Stat. 1157. 28 U. S. C. §§ 346, 347. 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 sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347). (b) Commencement of proceedings not a stay of order; exception. The commencement of proceedings under subsection (a) 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.

2. 1955

   Public Law not identified

   Amended · 29 U.S.C. § 210(a)

   Subsec. (a). Act Aug. 12, 1955, amended subsec. (a) generally to make subsection conform to new procedure applicable to Puerto Rico and Virgin Islands

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 12, 1955, amended subsec. (a) generally to make subsection conform to new procedure applicable to Puerto Rico and Virgin Islands.

3. 1958

   Pub. L. 85–791 § 22 · 72 Stat. 941

   1. Substituted · 29 U.S.C. § 210(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

   2. Inserted · 29 U.S.C. § 210(a)

      Pub. L. 85–791 inserted “as provided in section 2112 of title 28”

   3. Substituted · 29 U.S.C. § 210(a)

      Pub. L. 85–791 substituted “petition” for “transcript” in third sentence

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 22. The second and third sentences of subsection (a) of section Labor. 29 USC 210. 10 of the Fair Labor Standards Act of 1938 (52 Stat. 1065), as amended, are amended to read as follows: “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, United States Code. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in whole or in part, so far as it is applicable to the petitioner.”

4. 1974

   Pub. L. 93–259 § 5(c)(2) · [88 Stat. 55]

   Inserted · 29 U.S.C. § 210(a)

   Pub. L. 93–259 inserted “(including provision for the payment of an appropriate minimum wage rate)” in third sentence after “modify”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–259 inserted “(including provision for the payment of an appropriate minimum wage rate)” in third sentence after “modify”.

   Enacted provision · exact public law section
   29 USC 210.(2) The third sentence of section 10(a) is amended by inserting after “modify” the following: "(including provision for the payment of an appropriate minimum wage rate)”.

   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.

5 of 6 references resolved to an enrolled provision · 1 unresolved