Title 29 — Labor
Chapter 28 — Family and Medical Leave
§ 2616. Investigative authority
Statutory text
In general
To ensure compliance with the provisions of this subchapter, or any regulation or order issued under this subchapter, the Secretary shall have, subject to subsection (c), the investigative authority provided under section 211(a) of this title.
Obligation to keep and preserve records
Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with section 211(c) of this title and in accordance with regulations issued by the Secretary.
Required submissions generally limited to annual basis
The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order issued pursuant to this subchapter, or is investigating a charge pursuant to section 2617(b) of this title.
Subpoena powers
For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 209 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.
Pub. L. 103–3 title I § 106 · 107 Stat. 6
Enacted · 29 U.S.C. § 2616
(Pub. L. 103–3, title I, § 106, Feb. 5, 1993, 107 Stat. 15.)
Source evidence
Code source credit
(Pub. L. 103–3, title I, § 106, Feb. 5, 1993, 107 Stat. 15.)Enacted provision · exact public law section
SEC. 106. INVESTIGATIVE AUTHORITY. (a) In General.— To ensure compliance with the provisions of this title, or any regulation or order issued under this title, the Secretary shall nave, subject to subsection (c), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (b) Obligation To Keep and Preserve Records.— Any employer shall make, keep, and preserve records pertaining to compliance with this title in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by the Secretary. (c) Required Submissions Generally Limited to an Annual Basis.— The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title or any regulation or order issued pursuant to this title, or is investigating a charge pursuant to section 107(b). (d) Subpoena Powers.— For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after , except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after , see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.