Title 29 — LaborRelease 119-73
§204 Administration
Title 29 › Chapter CHAPTER 8— - FAIR LABOR STANDARDS › § 204
Summary
Creates a Wage and Hour Division inside the Department of Labor, led by an Administrator the President appoints with Senate approval. The Administrator can hire staff under civil-service rules, set their pay under federal pay laws, open regional or local offices, and use volunteers. Lawyers hired can represent the Administrator in court, but the Attorney General controls the litigation. Hiring and promotions must be based on merit, not politics. The main office is in Washington, D.C., but the Administrator or a representative can work anywhere. Requires the Secretary of Labor to send a report to Congress every two years in January about the Division’s work for the prior two years. The report must evaluate minimum wage and overtime rules, consider factors like cost of living and productivity, and include a summary of special certificates under section 214(b). The Secretary must study the exemptions in section 213 and report to Congress by January 1, 1976. The Secretary must also study ways to protect jobs for groups with high unemployment (for example, disadvantaged minorities, youth, elderly) and send a first report within one year after the effective date of the Fair Labor Standards Amendments of 1974, then every two years after that, including suggestions about section 214 authority. If foreign competition seems to be causing or likely to cause higher U.S. unemployment in an industry, the Secretary must investigate and report findings to the President and Congress. The Secretary may make an agreement with the Librarian of Congress for Library staff. The Director of the Office of Personnel Management may administer the law for most federal employees except those of the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority. Employees still have the right to sue for unpaid wages, unpaid overtime, and liquidated damages under section 216(b).
Full Legal Text
Title 29, §204
Labor — Source: USLM XML via OLRC
(a)There is created in the Department of Labor a Wage and Hour Division which shall be under the direction of an Administrator, to be known as the Administrator of the Wage and Hour Division (in this chapter referred to as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(b)The Administrator may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this chapter and shall fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The Administrator may establish and utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may appear for and represent the Administrator in any litigation, but all such litigation shall be subject to the direction and control of the Attorney General. In the appointment, selection, classification, and promotion of officers and employees of the Administrator, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency.
(c)The principal office of the Administrator shall be in the District of Columbia, but he or his duly authorized representative may exercise any or all of his powers in any place.
(d)(1)The Secretary shall submit biennially in January a report to the Congress covering his activities for the preceding two years and including such information, data, and recommendations for further legislation in connection with the matters covered by this chapter as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the minimum wages and overtime coverage established by this chapter, together with his recommendations to the Congress. In making such evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the cost of living and in productivity and the level of wages in manufacturing, the ability of employers to absorb wage increases, and such other factors as he may deem pertinent. Such report shall also include a summary of the special certificates issued under section 214(b) of this title.
(2)The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 213 of this title, and the extent to which such exemptions apply to employees of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such employees. The Secretary shall submit a report of his findings and recommendations to the Congress with respect to the studies conducted under this paragraph not later than January 1, 1976.
(3)The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other groups as the Secretary may designate). The first report of the results of such study shall be transmitted to the Congress not later than one year after the effective date of the Fair Labor Standards Amendments of 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report shall include suggestions respecting the Secretary’s authority under section 214 of this title.
(e)Whenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact resulted, or is in fact likely to result, from such competition, he shall make a full and complete report of his findings and determinations to the President and to the Congress: Provided, That he may also include in such report information on the increased employment resulting from additional exports in any industry under this chapter as he may determine to be pertinent to such report.
(f)The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary’s functions under this chapter with respect to such individuals. Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Regulatory Commission, or the Tennessee Valley Authority). Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages under section 216(b) of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Effective Date
of 1974 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 RequirementsFor 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. 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 section 205, 206, 208, and 210 of this title] means the Secretary of Labor.”
Executive Documents
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 section 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.
Reference
Citations & Metadata
Citation
29 U.S.C. § 204
Title 29 — Labor
Last Updated
Apr 6, 2026
Release point: 119-73