Title 29 — Labor
Chapter 8 — Fair Labor Standards
§ 211. Collection of data
Statutory text
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.
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.
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.
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.
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 § 11 · 52 Stat. 1060
Enacted · 29 U.S.C. § 211
June 25, 1938, ch. 676, § 11, 52 Stat. 1066
Source evidence
Code source credit
June 25, 1938, ch. 676, § 11, 52 Stat. 1066Enacted provision · exact public law section
Sec. 11. investigations, inspections, and records (a) 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 Act, 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 Act, or which may aid in the enforcement of the provisions of this Act. Except as Post, p. 1067. provided in section 12 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 12, the Administrator Post, p. 1069. shall bring all actions under section 17 to restrain violations of this Act. (b) Utilization of services of State and local agencies. With the consent and cooperation of State agencies charged with the. administration of State labor laws, the Administrator and the Chief of the Children’s Bureau may, for the purpose of carrying out their respective functions and duties under this Act, 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) Maintenance of records of employees. Every employer subject to any provision of this Act or of any order issued under this Act 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 Act or the regulations or orders thereunder.Public Law not identified
Added · 29 U.S.C. § 211(d)
Subsec. (d). Act Oct. 26, 1949, added subsec. (d)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d). Act Oct. 26, 1949, added subsec. (d).Fair Labor Standards Amendments of 1985
Pub. L. 99–150 § 3(c)(2) · 99 Stat. 787
Substituted · 29 U.S.C. § 211(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(2) Section 11(c) (29 U.S.C. 211(c)) is amended by adding at the end the following: “The employer of an employee who performs sub- Ante, p. 789. stitute work described in section 7(p)(3) may not be required under this subsection to keep a record of the hours of the substitute work.”.Effective date note
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.
2 of 3 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments1949–1985 · 2 rounds
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 , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–150 effective , 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 , effective ninety days after , see section 16(a) of act , set out as a note under section 202 of this title.
Effect of Amendments by Public Law 99–150 on Public Agency Liability Respecting any Employee Covered Under Special Enforcement Policy
Amendment by Pub. L. 99–150 not to affect liability of certain public agencies under section 216 of this title for violation of this section occurring before , see section 7 of Pub. L. 99–150, set out as a note under section 216 of this title.
Definition of “Administrator”
The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.
Executive Documents
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, § 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.
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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
“Secretary of Labor” substituted for “Chief of the Children’s Bureau” in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title.
Credits
1938–1985 · 4 acts
- 1938June 25, 1938, ch. 676, § 11, 52 Stat. 1066
- 19461946 Reorg. Plan No. 2, § 1(b), eff. , 11 F.R. 7873, 60 Stat. 1095
- 1949Oct. 26, 1949, ch. 736, § 9, 63 Stat. 916
- 1985Pub. L. 99–150, § 3(c)(2), , 99 Stat. 789.
Show as published
(June 25, 1938, ch. 676, § 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2, § 1(b), eff. , 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 9, 63 Stat. 916; Pub. L. 99–150, § 3(c)(2), , 99 Stat. 789.)