Notes on 29 U.S.C. § 204 : US Code - Notes

Search Notes on 29 U.S.C. § 204 : US Code - Notes

(June 25, 1938, ch. 676, Sec. 4, 52 Stat. 1061; Oct. 26, 1949, ch.
736, Sec. 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, Sec.
1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, Sec. 2, 69 Stat.
711; Pub. L. 87-30, Sec. 3, May 5, 1961, 75 Stat. 66; Pub. L. 93-
259, Secs. 6(b), 24(c), 27, Apr. 8, 1974, 88 Stat. 60, 72, 73;
1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,
92 Stat. 3783; Pub. L. 104-66, title I, Sec. 1102(a), Dec. 21,
1995, 109 Stat. 722.)
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (b), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
The effective date of the Fair Labor Standards Amendments of
1974, referred to in subsec. (d)(3), is the effective date of Pub.
L. 93-259, which is May 1, 1974, except as otherwise specifically
provided, see section 29(a) of Pub. L. 93-259, set out as an
Effective Date of 1974 Amendment note under section 202 of this
title.
CODIFICATION
In subsec. (a), provisions that prescribed the compensation of
the Administrator were omitted to conform to the provisions of the
Executive Schedule. See section 5316 of Title 5, Government
Organization and Employees.
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of
title 5" substituted for "the Classification Act of 1949, as
amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
80 Stat. 631, the first section of which enacted Title 5.
AMENDMENTS
1995 - Subsec. (d)(1). Pub. L. 104-66 in first sentence
substituted "biennially" and "preceding two years" for "annually"
and "preceding year", respectively.
1974 - Subsec. (d)(1). Pub. L. 93-259, Secs. 24(c), 27(1), (2),
inserted provision at end of subsec. (d) requiring the report to
Congress to include a summary of the special certificates issued
under section 214(b) of this title, designated subsec. (d)
provisions as subsec. (d)(1), and required the report to contain an
evaluation and appraisal of overtime coverage established by this
chapter, respectively.
Subsec. (d)(2), (3). Pub. L. 93-259, Sec. 27(3), added pars. (2)
and (3).
Subsec. (f). Pub. L. 93-259, Sec. 6(b), added subsec. (f).
1961 - Subsec. (e). Pub. L. 87-30 added subsec. (e).
1955 - Subsec. (d). Act Aug. 12, 1955, required an evaluation and
appraisal by the Secretary of the minimum wages, together with his
recommendations to Congress, to be included in the annual report.
1949 - Subsec. (b). Act Oct. 28, 1949, substituted
"Classification Act of 1949" for "Classification Act of 1923".
Subsec. (a). Act Oct. 26, 1949, increased compensation of
Administrator to $15,000.
EFFECTIVE DATE OF 1974 AMENDMENT
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.
EFFECTIVE DATE OF 1961 AMENDMENT
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.
EFFECTIVE DATE OF 1949 AMENDMENT
Amendment by act Oct. 26, 1949, effective Oct. 26, 1949, see
section 16(a) of act Oct. 26, 1949, set out as a note under section
202 of this title.
REPEALS
Acts Oct. 26, 1949, ch. 736, Sec. 4, 63 Stat. 911, and Oct. 28,
1949, ch. 782, cited as a credit to this section, were repealed
(subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which reports required under paragraphs (1) and (3) of subsec. (d)
of this section are listed on page 124), see section 3003 of Pub.
L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance.
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administration of equal pay
provisions vested by subsecs. (d)(1) and (f) of this section in
Secretary of Labor and Civil Service Commission transferred to
Equal Employment Opportunity Commission by Reorg. Plan No. 1 of
1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix
to Title 5, Government Organization and Employees, effective Jan.
1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec.
28, 1978, 44 F.R. 1053.
"Director of the Office of Personnel Management" substituted for
"Civil Service Commission" in subsec. (f), pursuant to Reorg. Plan
No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
under section 1101 of Title 5, Government Organization and
Employees, which transferred all functions vested by statute in
United States Civil Service Commission to Director of the Office of
Personnel Management (except as otherwise specified), effective
Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
Functions of all other officers of Department of Labor and
functions of all agencies and employees of that Department, with
exception of functions vested by Administrative Procedure Act (now
covered by sections 551 et seq. and 701 et seq. of Title 5,
Government Organization and Employees) in hearing examiners
employed by Department, transferred to Secretary of Labor, with
power vested in him to authorize their performance or performance
of any of his functions by any of those officers, agencies, and
employees, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174,
64 Stat. 1263, set out in the Appendix to Title 5.
MINIMUM WAGE STUDY COMMISSION; ESTABLISHMENT, PURPOSES,
COMPOSITION, ETC.
Pub. L. 95-151, Sec. 2(e), Nov. 1, 1977, 91 Stat. 1246, provided
for the establishment, purposes, composition, etc., of the Minimum
Wage Study Commission, the submission of reports, with the latest
report being submitted to the President and Congress thirty six
months after the date of the appointment of the members of the
Commission and such appointments being made within 180 days after
Nov. 1, 1977, and the Commission to cease to exist thirty days
after submission of the report.
DEFINITION OF "SECRETARY"
Section 6 of act Aug. 12, 1955, provided that: "The term
'Secretary' as used in this Act and in amendments made by this Act
[amending this section and sections 205, 206, 208, and 210 of this
title] means the Secretary of Labor."