Notes on 29 U.S.C. § 216 : US Code - Notes

Search Notes on 29 U.S.C. § 216 : US Code - Notes

(June 25, 1938, ch. 676, Sec. 16, 52 Stat. 1069; May 14, 1947, ch.
52, Sec. 5(a), 61 Stat. 87; Oct. 26, 1949, ch. 736, Sec. 14, 63
Stat. 919; 1950 Reorg. Plan No. 6, Secs. 1, 2, 15 F.R. 3174, 64
Stat. 1263; Aug. 8, 1956, ch. 1035, Sec. 4, 70 Stat. 1118; Pub. L.
85-231, Sec. 1(2), Aug. 30, 1957, 71 Stat. 514; Pub. L. 87-30, Sec.
12(a), May 5, 1961, 75 Stat. 74; Pub. L. 89-601, title VI, Sec.
601(a), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93-259, Secs.
6(d)(1), 25(c), 26, Apr. 8, 1974, 88 Stat. 61, 72, 73; Pub. L. 95-
151, Sec. 10, Nov. 1, 1977, 91 Stat. 1252; Pub. L. 101-157, Sec.
9, Nov. 17, 1989, 103 Stat. 945; Pub. L. 101-508, title III, Sec.
3103, Nov. 5, 1990, 104 Stat. 1388-29; Pub. L. 104-174, Sec. 2,
Aug. 6, 1996, 110 Stat. 1554.)
REFERENCES IN TEXT
The Portal-to-Portal Act of 1947, referred to in subsec. (d), is
act May 14, 1947, ch. 52, 61 Stat. 84, as amended, which is
classified principally to chapter 9 (Sec. 251 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 251 of this title and
Tables.
The effective date of this amendment of subsection (d), referred
to in subsec. (d), occurred upon the expiration of 90 days after
Aug. 30, 1957. See section 2 of Pub. L. 85-231, set out as an
Effective Date of 1957 Amendment note under section 213 of this
title.
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-174 in first sentence substituted
"of section 212 of this title or section 213(c)(5) of this title"
for "of section 212 of this title" and "under section 212 of this
title or section 213(c)(5) of this title" for "under that section".
1990 - Subsec. (e). Pub. L. 101-508 struck out "or any person who
repeatedly or willfully violates section 206 or 207 of this title"
after "issued under that section," in first sentence, substituted
"not to exceed $10,000 for each employee who was the subject of
such a violation" for "not to exceed $1,000 for each such
violation" in first sentence, inserted after first sentence "Any
person who repeatedly or willfully violates section 206 or 207 of
this title shall be subject to a civil penalty of not to exceed
$1,000 for each such violation.", substituted "any penalty under
this subsection" for "such penalty" wherever appearing except after
"appropriateness of", substituted "Except for civil penalties
collected for violations of section 212 of this title, sums" for
"Sums" in last sentence, and inserted at end "Civil penalties
collected for violations of section 212 of this title shall be
deposited in the general fund of the Treasury."
1989 - Subsec. (e). Pub. L. 101-157 inserted "or any person who
repeatedly or willfully violates section 206 or 207 of this title"
in introductory provisions and inserted "or a repeated or willful
violation of section 215(a)(2) of this title" in par. (3).
1977 - Subsec. (b). Pub. L. 95-151, Sec. 10(a), (b), inserted
provisions relating to violations of section 215(a)(3) of this
title by employers, "(1)" after "section 217 of this title in
which", and cl. (2), and substituted "An action to recover the
liability prescribed in either of the preceding sentences" for
"Action to recover such liability".
Subsec. (c). Pub. L. 95-151, Sec. 10(c), inserted "to recover the
liability specified in the first sentence of such subsection" after
"an action by or on behalf of any employee".
1974 - Subsec. (b). Pub. L. 93-259, Sec. 6(d)(1), substituted in
second sentence "maintained against any employer (including a
public agency) in any Federal or State court" for "maintained in
any court".
Subsec. (c). Pub. L. 93-259, Sec. 26, in revising first three
sentences, reenacted first sentence, substituting "Secretary" for
"Secretary of Labor"; included in second sentence provision for an
action by the Secretary for liquidated damaged and deleted
requirement of a written request by an employee claiming unpaid
minimum wages or unpaid overtime compensation with the Secretary of
Labor prior to an action by the Secretary and proviso prohibiting
any action in any case involving an issue of law not settled
finally by the courts and depriving courts of jurisdiction of any
action or proceeding involving the issue of law not settled
finally; and substituted third sentence "The right provided by
subsection (b) of this section to bring by or on behalf of any
employee and of any employees to become a party plaintiff to any
such action shall terminate upon the filing of a complaint by the
Secretary in an action under this subsection in which a recovery is
sought of unpaid minimum wages or unpaid overtime compensation
under sections 206 and 207 of this title or liquidated or other
damages provided by this subsection owing to such employee by an
employer liable under the provisions of subsection (b) of this
section, unless such action is dismissed without prejudice on
motion of the Secretary." for "The consent of any employee to the
bringing of any such action by the Secretary of Labor, unless such
action is dismissed without prejudice on motion of the Secretary of
Labor, shall constitute a waiver by such employee of any right of
action he may have under subsection (b) of this section for such
unpaid wages or unpaid overtime compensation and an additional
equal amount as liquidated damages."
Subsec. (e). Pub. L. 93-259, Sec. 25(c), added subsec. (e).
1966 - Subsec. (c). Pub. L. 89-601 substituted "statutes of
limitations" for "two-year statute of limitations".
1961 - Subsec. (b). Pub. L. 87-30 provided for termination of
right of action upon commencement of injunction proceedings by the
Secretary of Labor.
1957 - Subsec. (d). Pub. L. 85-231 added cls. (1) and (2) and
designated existing provisions as cl. (3).
1956 - Subsec. (d). Act Aug. 8, 1956, added subsec. (d).
1949 - Subsec. (c). Act Oct. 26, 1949, added subsec. (c).
1947 - Subsec. (b). Act May 14, 1947, struck out provisions
relating to the designation by employee or employees of an agent or
representative to maintain an action under this section for and on
behalf of all employees similarly situated and inserted provisions
relating to the requirement that no employee shall be a party
plaintiff unless he gives his consent in writing and such consent
is filed with the court.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-151 effective Jan. 1, 1978, see section
15(a) of Pub. L. 95-151, set out as a note under section 203 of
this title.
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 1966 AMENDMENT
Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as
otherwise provided, see section 602 of Pub. L. 89-601, set out as a
note under section 203 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 1957 AMENDMENT
Amendment by Pub. L. 85-231 effective upon expiration of ninety
days from Aug. 30, 1957, 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 Oct. 26, 1949, effective ninety days after Oct.
26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note
under section 202 of this title.
EFFECTIVE DATE OF 1947 AMENDMENT
Section 5(b) of act May 14, 1947, provided that: "The amendment
made by subsection (a) of this section [amending this section]
shall be applicable only with respect to actions commenced under
the Fair Labor Standards Act of 1938, as amended [this chapter], on
or after the date of the enactment of this Act [May 14, 1947]."
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administration of equal pay
provisions vested by subsecs. (b) and (c) of this section in
Secretary of Labor 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.
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, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the
Appendix to Title 5.
LIABILITY OF STATE, POLITICAL SUBDIVISION, OR INTERSTATE
GOVERNMENTAL AGENCY FOR VIOLATIONS BEFORE APRIL 15, 1986,
RESPECTING ANY EMPLOYEE NOT COVERED UNDER SPECIAL ENFORCEMENT
POLICY
Pub. L. 99-150, Sec. 2(c)(1), Nov. 13, 1985, 99 Stat. 788,
provided that: "No State, political subdivision of a State, or
interstate governmental agency shall be liable under section 16 of
the Fair Labor Standards Act of 1938 [29 U.S.C. 216] for a
violation of section 6 [29 U.S.C. 206] (in the case of a territory
or possession of the United States), 7 [29 U.S.C. 207], or 11(c)
[29 U.S.C. 211(c)] (as it relates to section 7) of such Act
occurring before April 15, 1986, with respect to any employee of
the State, political subdivision, or agency who would not have been
covered by such Act [this chapter] under the Secretary of Labor's
special enforcement policy on January 1, 1985, and published in
sections 775.2 and 775.4 of title 29 of the Code of Federal
Regulations."
EFFECT OF AMENDMENTS BY PUBLIC LAW 99-150 ON PUBLIC AGENCY
LIABILITY RESPECTING ANY EMPLOYEE COVERED UNDER SPECIAL ENFORCEMENT
POLICY
Pub. L. 99-150, Sec. 7, Nov. 13, 1985, 99 Stat. 791, provided
that: "The amendments made by this Act [see Short Title of 1985
Amendment note set out under section 201 of this title] shall not
affect whether a public agency which is a State, political
subdivision of a State, or an interstate governmental agency is
liable under section 16 of the Fair Labor Standards Act of 1938 [29
U.S.C. 216] for a violation of section 6, 7, or 11 of such Act [29
U.S.C. 206, 207, 211] occurring before April 15, 1986, with respect
to any employee of such public agency who would have been covered
by such Act [this chapter] under the Secretary of Labor's special
enforcement policy on January 1, 1985, and published in section
775.3 of title 29 of the Code of Federal Regulations."
RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966
AMENDMENTS
Secretary authorized to promulgate necessary rules, regulations,
or orders on and after the date of the enactment of Pub. L. 89-601,
Sept. 23, 1966, with regard to the amendments made by Pub. L. 89-
601, see section 602 of Pub. L. 89-601, set out as a note under
section 203 of this title.
CONSTRUCTION OF 1949 AMENDMENTS WITH PORTAL-TO-PORTAL ACT OF 1947
Section 16(b) of act Oct. 26, 1949, provided that: "Except as
provided in section 3(o) [section 203(o) of this title] and in the
last sentence of section 16(c) of the Fair Labor Standards Act of
1938, as amended [section 216(e) of this title], no amendment made
by this Act [amending sections 202, 208, 211 to 217 of this title]
shall be construed as amending, modifying, or repealing any
provisions of the Portal-to-Portal Act of 1947."
RETROACTIVE EFFECT OF 1949 AMENDMENTS; LIMITATION OF ACTIONS
Section 16(d) of act Oct. 26, 1949, provided that actions based
upon acts or omissions occurring prior to the effective date of act
Oct. 26, 1949, which was to be effective ninety days after Oct. 26,
1949, were not prevented by the amendments made to sections 202 to
208, and 211 to 217 of this title by such act, so long as such
actions were instituted within two years from such effective date.