29 U.S.C. § 212

Child labor provisions

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(a) Restrictions on shipment of goods; prosecution; conviction

No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution.

(b) Investigations and inspections

The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor.

No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce.

(d) Proof of age

In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age.

(June 25, 1938, ch. 676, § 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 10, 63 Stat. 917; Pub. L. 87–30, § 8, May 5, 1961, 75 Stat. 70; Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.)Editorial NotesAmendments

1974—Subsec. (d). Pub. L. 93–259 added subsec. (d).

1961—Subsec. (c). Pub. L. 87–30 inserted “or in any enterprise engaged in commerce or in the production of goods for commerce”.

1949—Subsec. (a). Act Oct. 26, 1949, § 10(a), struck out effective date at beginning of subsection and inserted proviso excepting good faith purchaser of goods produced by oppressive child labor.

Subsec. (c). Act Oct. 26, 1949, § 10(b), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective 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 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.

Executive DocumentsTransfer of Functions

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 the Department of Labor” in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title.

Notes of Decisions

Cited in 67 cases (8 in the last 5 years), 1940–2026 · leading case: Marshall v. Jerrico, Inc.

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Marshall v. Jerrico, Inc. (1980) scotus · cites it 3× “1067 , as amended, 29 U. S. C. § 212 . The Secretary of Labor has designated the ESA as the agency responsible for enforcing these provisions, 36 Fed.”

McLaughlin v. McGee Bros. Co., Inc. (1988) ncwd · cites it 9× “articipation with them from violating the provisions of Sections 12 and 15(a)(1) of this Act, and on Plaintiff’s petition for adjudication of civil contempt by Defendants of the Court’s Preliminary Injunction filed October 5, 1987 and to enlarge the aforesaid injunction to…”

Solis v. Laurelbrook Sanitarium and School, Inc. (2011) ca6 · cites it 2× “In February 2007, the Secretary brought this action to enjoin future violations of 29 U.S.C. §§ 212 (a), 212(c), and 215(a)(4), as well as Child Labor Regulation 3, 29 C.”

State Ex Rel. King v. Lyons (2011) nm · cites it 2× “Fair Labor Standards Act of 1938, 29 U.S.C. § 212 (1974). The constitutionality of the Fair Labor Standards Act has been upheld.”

Mildred Lee Rogers v. Frito-Lay, Incorporated, Howard L. Moon v. Roadway Express, Inc. (1980) ca5 · cites it 2× “2d 705 , (no implied right of action to bring a wrongful death action under child labor provisions of Fair Labor Standards Act, 29 U.S.C. § 212 ); United States v. Lovknit Manufacturing Co.”

Lynn Martin, Secretary of Labor, United States Department of Labor v. Funtime, Inc., a Corporation (1992) ca6 · cites it 3× “, appeals a judgment for the plaintiff, the Secretary of Labor, finding violations of the wage and hour provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 212 , 215(a)(4), governing child labor.”

Acosta v. Paragon Contractors Corp. (2018) ca10 “Jessop, concluding that they had violated the child-labor provisions of the Fair Labor Standards Act, 29 U.S.C. § 212 . This conclusion led the Department of Labor to allege a violation of the 2007 injunction.”

Citicorp Industrial Credit, Inc. v. Brock (1987) scotus · cites it 2× “[6] For example, § 12(a)'s prohibitions against child labor are enforceable only against "a producer, manufacturer or dealer," 29 U. S. C. § 212 (a). See § 15(a)(4), 29 U.”

France v. SOUTHERN EQUIPMENT CO. (2010) wva · cites it 2× “29 U.S.C.A. § 212 (c) prohibits an employer from using "oppressive child labor" in commerce, and 29 U.”

Western Union Telegraph Co. v. Lenroot (1945) scotus · cites it 2× “" § 12 (a), 29 U.S.C. § 212 (a). [3] "Sec. 7. It shall be unlawful for any person, directly or indirectly "(1) to transport or cause to be transported in interstate commerce, or to aid or assist in transporting, or obtaining transportation in interstate commerce for, or to…”

Dole v. Solid Waste Services, Inc. (1989) paed · cites it 2× “in any enterprise engaged in commerce_” 29 U.S.C. § 212 (c). Section 3(1) permits the Secretary to define oppressive child labor for employees between the age of sixteen and eighteen years old.”

John Roe I v. Bridgestone Corp. (2007) insd “” 29 U.S.C. § 212 (c). The phrase is defined so that the law allows employment of minors aged 14 and 15 in occupations other than manufacturing and mining if the employment is confined to periods that do not interfere with schooling and under conditions that will not interfere…”

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— 29 U.S.C. § 212(a) — 1 case

Mitchell v. Hornbuckle (1957) gamd

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.