Title 29 — LaborRelease 119-73not60
§211 Collection of Data
Title 29 › Chapter 8— FAIR LABOR STANDARDS › § 211
Summary
The Administrator can check on pay, hours, and work conditions in industries covered by this law. They may go into workplaces, look at and copy records, talk to employees, and gather facts needed to see if the law is being broken. Except as section 212 and subsection (b) allow, the Administrator must use the Department of Labor’s bureaus and divisions for these checks and must bring enforcement actions under section 217. With state permission, the Administrator and the Secretary of Labor may use state and local agencies and pay them for help. Employers covered by the law must keep records about their workers, pay, hours, and other work practices and send reports the Administrator requires. Employers of certain substitute workers (see section 207(p)(3)) do not have to record the substitute hours. The Administrator may make rules about industrial homework to protect the minimum wage, and current rules stay in effect.
Full Legal Text
Title 29, §211
Labor — Source: USLM XML via OLRC
(a)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)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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
Effective Date
of 1985 AmendmentAmendment 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 AmendmentAmendment 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
PolicyAmendment 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 Documents
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, § 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.
Reference
Citations & Metadata
Citation
29 U.S.C. § 211
Title 29 — Labor
Last Updated
Apr 5, 2026
Release point: 119-73not60