
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC211]

 
                             TITLE 29--LABOR
 
                     CHAPTER 8--FAIR LABOR STANDARDS
 
Sec. 211. Collection of data


(a) Investigations and inspections

    The Administrator or his designated representatives may investigate 
and gather data regarding the wages, hours, and other conditions and 
practices of employment in any industry subject to this chapter, and may 
enter and inspect such places and such records (and make such 
transcriptions thereof), question such employees, and investigate such 
facts, conditions, practices, or matters as he may deem necessary or 
appropriate to determine whether any person has violated any provision 
of this chapter, or which may aid in the enforcement of the provisions 
of this chapter. Except as provided in section 212 of this title and in 
subsection (b) of this section, the Administrator shall utilize the 
bureaus and divisions of the Department of Labor for all the 
investigations and inspections necessary under this section. Except as 
provided in section 212 of this title, the Administrator shall bring all 
actions under section 217 of this title to restrain violations of this 
chapter.

(b) State and local agencies and employees

    With the consent and cooperation of State agencies charged with the 
administration of State labor laws, the Administrator and the Secretary 
of Labor may, for the purpose of carrying out their respective functions 
and duties under this chapter, utilize the services of State and local 
agencies and their employees and, notwithstanding any other provision of 
law, may reimburse such State and local agencies and their employees for 
services rendered for such purposes.

(c) Records

    Every employer subject to any provision of this chapter or of any 
order issued under this chapter shall make, keep, and preserve such 
records of the persons employed by him and of the wages, hours, and 
other conditions and practices of employment maintained by him, and 
shall preserve such records for such periods of time, and shall make 
such reports therefrom to the Administrator as he shall prescribe by 
regulation or order as necessary or appropriate for the enforcement of 
the provisions of this chapter or the regulations or orders thereunder. 
The employer of an employee who performs substitute work described in 
section 207(p)(3) of this title may not be required under this 
subsection to keep a record of the hours of the substitute work.

(d) Homework regulations

    The Administrator is authorized to make such regulations and orders 
regulating, restricting, or prohibiting industrial homework as are 
necessary or appropriate to prevent the circumvention or evasion of and 
to safeguard the minimum wage rate prescribed in this chapter, and all 
existing regulations or orders of the Administrator relating to 
industrial homework are continued in full force and effect.

(June 25, 1938, ch. 676, Sec. 11, 52 Stat. 1066; 1946 Reorg. Plan No. 2, 
Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 
1949, ch. 736, Sec. 9, 63 Stat. 916; Pub. L. 99-150, Sec. 3(c)(2), Nov. 
13, 1985, 99 Stat. 789.)


                               Amendments

    1985--Subsec. (c). Pub. L. 99-150 inserted ``The employer of an 
employee who performs substitute work described in section 207(p)(3) of 
this title may not be required under this subsection to keep a record of 
the hours of the substitute work.''
    1949--Subsec. (d). Act Oct. 26, 1949, added subsec. (d).


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-150 effective Apr. 15, 1986, see section 6 
of Pub. L. 99-150, set out as a note under section 203 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.

                          Transfer of Functions

    Functions relating to enforcement and administration of equal pay 
provisions vested by subsecs. (a), (b), and (c) of this section in 
Secretary of Labor and Administrator of Wage and Hour Division of 
Department 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, Government 
Organization and Employees.
    ``Secretary of Labor'' substituted for ``Chief of the Children's 
Bureau'' in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out 
under section 203 of this title.


  Effect of Amendments by Public Law 99-150 on Public Agency Liability 
    Respecting any Employee Covered Under Special Enforcement Policy

    Amendment by Pub. L. 99-150 not to affect liability of certain 
public agencies under section 216 of this title for violation of this 
section occurring before Apr. 15, 1986, see section 7 of Pub. L. 99-150, 
set out as a note under section 216 of this title.


                     Definition of ``Administrator''

    The term ``Administrator'' as meaning the Administrator of the Wage 
and Hour Division, see section 204 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 212, 215, 626, 2616 of this 
title.
