29 U.S.C. § 211

Collection of data

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(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.

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

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).

Statutory Notes and Related SubsidiariesEffective 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.

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.

Executive DocumentsTransfer 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, § 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, §§ 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.

Notes of Decisions

Cited in 755 cases (216 in the last 5 years), 1940–2026 · leading case: Bureerong v. Uvawas

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Bureerong v. Uvawas (1996) cacd · cites it 7× “2(a), 1197 & 2666(a); (2) employed Plaintiffs to manufacture garments by industrial homework, in violation of 29 U.S.C. §§ 211 (d) & 215(a)(5), 29 C.F.”

Edward Monroe v. FTS USA, LLC (2017) ca6 · cites it 2× “3d at 602 ; see also 29 U.S.C. § 211 (c); 29 C.F.R. § 516.2 (a)(7).”

Monge v. Portofino Ristorante (2010) mdd · cites it 3× “29 U.S.C. § 211 (c); Lab. & Empl. § 3-424.”

Acosta v. Jani-King of Okla., Inc. (2018) ca10 · cites it 2× “The FLSA gives the Secretary authority to investigate employers' compliance with these recordkeeping requirements and to seek injunctive relief against employers who violate those provisions of the Act.”

Fermin v. Las Delicias Peruanas Restaurant, Inc. (2015) nyed · cites it 2× “See 29 U.S.C. § 211 (c); N.Y. Comp.Codes R. & Regs.”

Margaret White v. Baptist Memorial Health Care Co. (2012) ca6 · cites it 2× “29 U.S.C. § 211 (c) (requiring that employers “shall make, keep, and preserve” records of every employee’s hours); see also 29 C.”

Landry v. Swire Oilfield Services, L.L.C. (2017) nmd · cites it 2× “29 U.S.C. § 211 (c). In Donovan v. Simmons Petrol.”

Tony and Susan Alamo Foundation v. Secretary of Labor (1985) scotus · cites it 2× “” 29 U. S. C. § 211 (c). Employers must also preserve these records and “make such reports therefrom from time to time to the Administrator as he shall prescribe.”

Michael Keller v. Miri Microsystems LLC (2015) ca6 · cites it 2× “29 U.S.C. § 211 (c); Fegley v. Higgins, 19 F.”

Falk v. Brennan (1973) scotus · cites it 4× “§ 207 (a) (2)), and recordkeeping ( 29 U. S. C. § 211 (c)) provisions of the Act.”

Doo Nam Yang v. ACBL CORP. (2005) nysd · cites it 2× “29 U.S.C. § 211 (c); see also 29 C.F.R. § 516.”

Bustillos v. Board of County Commissioners (2016) nmd · cites it 2× “29 U.S.C. § 211 (c). In Donovan v. Simmons Petroleum Corp.”

Show all 755 citing cases →

— 29 U.S.C. § 211(a) — 2 cases

Aviles-Cervantes v. Outside Unlimited, Inc. (2017) mdd

Goldberg v. Truck Drivers Local Union No. 299 (1961) ca6

— 29 U.S.C. § 211(c) — 16 cases

Hanson v. Trop, Inc. (2016) gand

Secretary United States Department of Labor v. East Penn Manufacturing Inc (2024) ca3

McLaughlin v. Stineco, Inc. (1988) flmd

Walling v. Panther Creek Mines, Inc. (1945) ca7

Abdelkhaleq v. Precision Door of Akron (2009) ohnd

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