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Title 29 — Labor

Chapter 8 — Fair Labor Standards

§ 217. Injunction proceedings

Statutory text

The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations of section 215 of this title, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 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.

  1. Fair Labor Standards Act of 1938

    Pub. L. 75–676 § 17 · 52 Stat. 1060

    Enacted · 29 U.S.C. § 217

    June 25, 1938, ch. 676, § 17, 52 Stat. 1069

    Source evidence

    Code source credit
    June 25, 1938, ch. 676, § 17, 52 Stat. 1069

    Enacted provision · exact public law section
    Sec. 17. injunction proceedings The district courts of the United States and the United Injunction proceedings. States courts of the Territories and possessions shall have jurisdiction, for cause shown, and subject to the provisions of section 20 (relating to notice to opposite party) of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., 38 Stat. 737. 28 U. S. C. § 381. 1934 edition, title 28, sec. 381), to restrain violations of section 15.

  2. Pub. L. 85–231 § 1(3) · 71 Stat. 514

    Changed · 29 U.S.C. § 217

    Pub. L. 85–231 included the District Court of Guam within the enumeration of courts having jurisdiction of injunction proceedings

    Source evidence

    Code amendment note
    Pub. L. 85–231 included the District Court of Guam within the enumeration of courts having jurisdiction of injunction proceedings.

    Enacted provision · exact public law section
    (1) Section 13 of such Act is amended by adding at the end thereof the following new subsection (f): “(f) The provisions of sections 6, 7, 11, and 12 shall not apply with respect to any employee whose services during the workweek are performed in a workplace within a foreign country or within territory under the jurisdiction of the United States other than the following: a State of the United States; the District of Columbia; Alaska; Hawaii; Puerto Rico; the Virgin Islands; outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345, 67 43 USC 1331. Stat. 462); American Samoa; Guam; Wake Island; and the Canal Zone.”

  3. Hawaii Omnibus Act

    Pub. L. 86–624 § 21(c) · 74 Stat. 411

    Struck · 29 U.S.C. § 217

    Pub. L. 86–624 struck out reference to the District Court for Territory of Alaska

    Source evidence

    Code amendment note
    Pub. L. 86–624 struck out reference to the District Court for Territory of Alaska.

    Enacted provision · exact public law section
    (c) Section 17 of the Fair Labor Standards Act, as amended, is further 63 Stat. 919. 29 USC 217. amended by striking out the words “the District Court for the Territory of Alaska.”.

  4. Pub. L. 87–30 § 12(b) · 75 Stat. 65

    Substituted · 29 U.S.C. § 217

    Pub. L. 87–30 substituted “, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title” for “: Provided, That no court shall have jurisdiction, in any action brought by the Administrator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid overtime compensation or an additional equal amount as liquidated damages in such action”

    Source evidence

    Code amendment note
    Pub. L. 87–30 substituted “, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title” for “: Provided, That no court shall have jurisdiction, in any action brought by the Administrator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid overtime compensation or an additional equal amount as liquidated damages in such action”.

    Enacted provision · exact public law section
    (b) Section 17 of such Act is amended to read as follows: “Sec. 17. “injunction proceedings The district courts, together with the United States District Court for the District of the Canal Zone, the District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, 52 Stat. 1068. 29 USC 215. for cause shown, to restrain violations of section 15, including in the case of violations of section 15(a)(2) the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this Act (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 6 of the Portal-to-Portal Act of 1947).” 61 Stat. 87. 29 USC 255.

    Effective date note
    Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961, except as otherwise provided, see section 14 of Pub. L. 87–30, set out as a note under section 203 of this title.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1949–1961 · 4 rounds

1961

Pub. L. 87–30 substituted “, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title” for “: Provided, That no court shall have jurisdiction, in any action brought by the Administrator to restrain such violations, to order the payment to employees of unpaid minimum wages or unpaid overtime compensation or an additional equal amount as liquidated damages in such action”.

1960

Pub. L. 86–624 struck out reference to the District Court for Territory of Alaska.

1957

Pub. L. 85–231 included the District Court of Guam within the enumeration of courts having jurisdiction of injunction proceedings.

1949

Act , included a more precise description of United States courts having jurisdiction to restrain violations and inserted proviso denying jurisdiction to order payment of unpaid minimum wages, overtime, and liquidated damages in injunction proceedings.

Statutory Notes and Related Subsidiaries

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 1957 Amendment

Amendment by Pub. L. 85–231 effective upon expiration of ninety days from , see section 2 of Pub. L. 85–231, set out as a note under section 213 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.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, , 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Executive Documents

Transfer of Functions

Functions relating to enforcement and administration of equal pay provisions vested by this section in Secretary 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.

Credits

1938–1961 · 5 acts
  1. 1938June 25, 1938, ch. 676, § 17, 52 Stat. 1069
  2. 1949Oct. 26, 1949, ch. 736, § 15, 63 Stat. 919
  3. 1957Pub. L. 85–231, § 1(3), , 71 Stat. 514
  4. 1960Pub. L. 86–624, § 21(c), , 74 Stat. 417
  5. 1961Pub. L. 87–30, § 12(b), , 75 Stat. 74.
Show as published

(June 25, 1938, ch. 676, § 17, 52 Stat. 1069; Oct. 26, 1949, ch. 736, § 15, 63 Stat. 919; Pub. L. 85–231, § 1(3), , 71 Stat. 514; Pub. L. 86–624, § 21(c), , 74 Stat. 417; Pub. L. 87–30, § 12(b), , 75 Stat. 74.)

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