Source
(June 25, 1938, ch. 676, § 4, 52 Stat. 1061; Oct. 26, 1949, ch. 736, § 4, 63 Stat. 911; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Aug. 12, 1955, ch. 867, § 2, 69 Stat. 711; Pub. L. 87–30, § 3, May 5, 1961, 75 Stat. 66; Pub. L. 93–259, §§ 6(b),
24
(c),
27, Apr. 8, 1974, 88 Stat. 60, 72, 73; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104–66, title I, § 1102(a), Dec. 21, 1995, 109 Stat. 722.)
References in Text
The civil service laws, referred to in subsec. (b), are set forth in Title 5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5.
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
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, as amended, 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) of this section 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”
Section 6 of act Aug. 12, 1955, 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.”