2018 US Code
Title 29 - Labor
Chapter 8 - Fair Labor Standards
Sec. 204 - Administration
|Citation||29 U.S.C. § 204 (2018)|
|Section Name||§204. Administration|
|Section Text||(a) Creation of Wage and Hour Division in Department of Labor; Administrator(b) Appointment, selection, classification, and promotion of employees by Administrator (c) Principal office of Administrator; jurisdiction (d) Biennial report to Congress; studies of exemptions to hour and wage provisions and means to prevent curtailment of employment opportunities (e) Study of effects of foreign production on unemployment; report to President and Congress (f) Employees of Library of Congress; administration of provisions by Office of Personnel Management|
REFERENCES IN TEXT
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, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.AMENDMENTS
2006—Subsec. (f). Pub. L. 109–435 substituted "Postal Regulatory Commission" for "Postal Rate Commission".
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, §§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, §27(3), added pars. (2) and (3).
Subsec. (f). Pub. L. 93–259, §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, §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, §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, 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) in Secretary of Labor and Civil Service Commission 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 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, §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, §§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, §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"
Act Aug. 12, 1955, ch. 867, §6, 69 Stat. 712, 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."
|Publication Title||United States Code, 2018 Edition, Title 29 - LABOR|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 29 - LABOR
CHAPTER 8 - FAIR LABOR STANDARDS
Sec. 204 - Administration
|Laws In Effect As Of Date||January 14, 2019|
|Statutes at Large References||52 Stat. 1061
63 Stat. 911, 972
64 Stat. 1263
69 Stat. 711, 712
75 Stat. 66
80 Stat. 631, 632
88 Stat. 60
91 Stat. 1246
92 Stat. 3783, 3781
109 Stat. 722
120 Stat. 3242
|Public Law References||Public Law 87-30, Public Law 89-554, Public Law 93-259, Public Law 95-151, Public Law 104-66, Public Law 109-435|