Title 29 — Labor
Chapter 8 — Fair Labor Standards
§ 215. Prohibited acts; prima facie evidence
Statutory text
After the expiration of one hundred and twenty days from , it shall be unlawful for any person—
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;
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;
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;
to violate any of the provisions of section 212 of this title;
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; and
to violate any of the provisions of section 218d of this title.
For the purposes of subsection (a)(1) 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.
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 § 15 · 52 Stat. 1060
Enacted · 29 U.S.C. § 215
June 25, 1938, ch. 676, § 15, 52 Stat. 1068
Source evidence
Code source credit
June 25, 1938, ch. 676, § 15, 52 Stat. 1068Enacted provision · exact public law section
Sec. 15. prohibited acts (a) After the expiration of one hundred and twenty days from the date of enactment of this Act, it shall be unlawful for any person— (1) Transportation, etc., of goods produced in violation of wage or hour provisions, etc. 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 Ante, pp. 1062, 1063. violation of section 6 or section 7, or in violation of any regulation or order of the Administrator issued under section 14; Exception. except that no provision of this Act 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 Act shall excuse any common carrier from its obligation to accept any goods for transportation; (2) Violations of wage or hour provisions, etc. to violate any of the provisions of section 6 or section 7, or any of the provisions of any regulation or order of the Administrator issued under section 14; (3) Discrimination against employee filing complaint, etc. 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 Act, 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) Violation of child labor provisions.Reports, records, etc.Ante, p. 1066. to violate any of the provisions of section 12; (5) to violate any of the provisions of section 11 (c), 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) proof that any employee Transportation in commerce of goods unlawfully produced; proof of employment. 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.Public Law not identified
Inserted · 29 U.S.C. § 215(a)(1)
Subsec. (a)(1). Act Oct. 26, 1949, § 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a)(1). Act Oct. 26, 1949, § 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter.Public Law not identified
Inserted · 29 U.S.C. § 215(a)(5)
Subsec. (a)(5). Act Oct. 26, 1949, § 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”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a)(5). Act Oct. 26, 1949, § 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”.Department of Commerce Appropriations Act, 2023
Pub. L. 117–328 div. KK § 102(b)(1) · 136 Stat. 4459
Added · 29 U.S.C. § 215(a)(6)
Pub. L. 117–328 added par. (6)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 117–328 added par. (6).Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Pub. L. 117–328, div. KK, § 103(b), Dec. 29, 2022, 136 Stat. 6096, provided that: “The amendments made by section 102(b) [amending this section and section 216 of this title] shall take effect on the date that is 120 days after the date of enactment of this Act [Dec. 29, 2022].”
2 of 4 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
Amendments1949–2022 · 2 rounds
2022
Subsec. (a)(6). Pub. L. 117–328 added par. (6).
1949
Subsec. (a)(1). Act , § 13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter.
Subsec. (a)(5). Act , § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. KK, § 103(b), , 136 Stat. 6096, provided that: “The amendments made by section 102(b) [amending this section and section 216 of this title] shall take effect on the date that is 120 days after the date of enactment of this Act [].”
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.
Liability of Public Agency for Discrimination Against Employee for Assertion of Coverage
Pub. L. 99–150, § 8, , 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 , 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 , only for an employee who takes an action described in section 15(a)(3) of such Act.”
Executive Documents
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, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1938–2022 · 4 acts
- 1938June 25, 1938, ch. 676, § 15, 52 Stat. 1068
- 1949Oct. 26, 1949, ch. 736, § 13, 63 Stat. 919
- 19501950 Reorg. Plan No. 6, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263
- 2022Pub. L. 117–328, div. KK, § 102(b)(1), , 136 Stat. 6095.
Show as published
(June 25, 1938, ch. 676, § 15, 52 Stat. 1068; Oct. 26, 1949, ch. 736, § 13, 63 Stat. 919; 1950 Reorg. Plan No. 6, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263; Pub. L. 117–328, div. KK, § 102(b)(1), , 136 Stat. 6095.)