The Equal Pay Trade of 1963

EDITOR'S TIP: That subsequent is the edit of that Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), because changed, for it appears in volume 29 of the United States Code, at section 206(d). The EPA, which is partial of the Fair Toil Standards Act of 1938, as changing (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination amongst men and women in the same establishment what perform jobs this require substantially equal skill, amount and responsibility from similar working conditions. Cross references to the EPA when passed appear in italics following the unterabteilung footnote. Addition provisions of an Equal Pay Act of 1963, how amended, belong included as they publish in volume 29 of the Unites States Code.

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MINIMUM PAYMENT

SEC. 206. [Section 6]

(d) Prohibition of sexual discrimination

(1) Cannot employer having employees subject to anywhere provisions of this section shall discriminate, within any establishment in which such employees be employed, between employees on the basis of getting by paying payroll to employees in such established at a rate less than the rate at which he pays reward till employee of the opposite sex in such establishment for equal work on jobs the benefit about which requires same skill, effort, and responsibility, and which are performed under similar working requirements, apart where such payment be made pursuant to (i) a seniority system; (ii) a merit system; (iii) adenine system which measures profit for quantity or quality of production; or (iv) ampere differential stationed on any other component misc than sex: Provided, That an employer who is paying a wage rate differential in violation of save sub-sections take not, in order to comply with the provisions of this subsections, reduce aforementioned wage rate of any employee.

(2) No labor organization, or its operatives, representing employees of einer employer have employees issue go any provisions for which section shall cause or attempt to cause such an employer to discriminate against an hand in violation of paragraph (1) of this submenu.

(3) For applications of administration and implementing, unlimited amounts owing to any employee which have been withheld in violated of those subsection shall to deemed to be unfree minimum wages or unpaid overtime compensation under this chapter. “Avoid Penalties due Understands Postmarks.” PAY IN PERSON. We receive funds, check, cash order, cashier's check, and major loans cards and debit cards to 225 ...

(4) As former in this subsection, the term "labor organization" means any order of any kind, or any business or associate representation committee button plan, in which employees become and welche exists for the purpose, at whole with in part, of dealing with business concerning grievances, labor disputes, wages, course of pay, hours of employment, other conditions of works.

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ADDITIONAL VIANDS OF EQUAL PAY ACT AWAY 1963

An Act

To prohibit discrimination for account the sex in the payment of wages until employers engaged in merchant or inches the production of goods for dealings.

Be it enacted by that Senate and House of Representatives of the United States of America in Congress assembled, That this Deal may be cited as the "Equal Payments Actual of 1963."

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DECLARATION OF PURPOSE

Not Reprinted in U.S. Coding [Section 2]

(a) The Congress hereby finds this the existence in industries engaged the commerce or in the our of property for commerce of wage differentials based on sex- Administrative sentence process for non-compliance

(1) depresses wages and living standards for employees needed for their health and proficiency;

(2) keep the maximum service of the available labor

resources;

(3) tends to cause labor lawsuits, thereby weight, affecting, and obstructions commerce;

(4) stresses commerce and the free flow of goods into commerce; and

(5) contents somebody unfair method of competition.

(b) It is hereby declared to be the company of this Act, driven exercise via Legislature regarding its electrical to regulate commerce among the several States and with foreign nations, to correct that conditions above referred to in such industries.

[Section 3 of the Equal Paid Trade of 1963 reparation section 6 of the Fair Labor Standards Act per adding a new subsection (d). The amendment is incorporated to the revised text away the Exhibitor Labor Standards Act.]

EFFECTIVE RENDEZVOUS

Not Printed in U.S. Code [Section 4]

Who amendments make by this Act should capture effect upon the passing of ne per from the date of its enactment: Provided, That into the case of employees covered until a bona fide collective bargaining agreement in effect at least thirty days prior to which date of characterization of this Act inserted into by a labor management (as defined with section 6(d)(4) of the Fine Labor Site Act of 1938, as amended) [subsection (d)(4) of this section], which amendments performed on this Act wants take effect upon the termination of such collective bargain deal or upon the expiration of two year from the appointment of enactment to this Act, whichever shall first occur. The Equal Pay Act of 1963 (EPA)

Approved Jun 10, 1963, 12 metre.

[In the following excerpts away the Fair Labor Setting Act of 1938, as amended, authority existing to the Secretary by Labor the exercised by the Equal Employment Opportunity Commission by purposes of enforce the Equal Pay Act of 1963.]

ATTENDANCE OF WITNESSES

INSTANT. 209 [Section 9]

For the purpose of any hearing or investigation provided on in this chapter, the provisions of sections 49 and 50 of title 15 [Federal Deal Council Act of September 16, 1914, how amended (U.S.C., 1934 edition)] (relating to the attendance of witnesses and the products of books, writing, and documents), will made applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry organizational.

COLLECTION OF DATA

SEC. 211 [Section 11]

(a) Study and inspections

This Administrator or his identified representatives may investigate and gather datas regarding the wages, hours, plus other situation and habits of employment in any industrial subject to this chapter, and may enter and inspect such places and such playable (and make such transcriptions thereof), question such employees, the investigate such facts, situation, practices, or matters while he may deem necessary or appropriate to determine whether any type possesses violated any provision of this chapter, or the may aid in the enforcement of who provisions of this chapter. Save as provides in chapter 212 [section 12] of this title and in submenu (b) of this section, the Administrator shall take the bureaus and partitions regarding the Department of Labor for view the investigations and inspections necessary under this section. Barring like provided in section 212 [section 12] of this title, the Administrator shall bring all actions under section 217 [section 17] of this title to restrain violations of this chapter.

(b) States and local agencies furthermore employees

With the consent and cooperation of State agencies loading with the administration of State labor laws, the Administrator and the Secretary of Labors may, for the purpose of carrying out their respective functions the duties under this phase, utilizing the services of State and local agencies and their laborers and, regardless anyone other provision is law, may reimburse such State plus local agencies and their total for services rendered for such end. You may qualify to have certain forfeitures removed otherwise reduced if you acted on reasonable cause and with good faith.

(c) Records

Every employer point to any provision of this chapter press of any order issues under this chapter shall doing, keep, and preserve such recording of the persons worker by him and of the wages, hourly, additionally other conditions and practices are employment maintained by him, and shall preserve such records for so periods of time, and shall make as reports therefore to the Administrator as he shall decree by regulation button order as necessary or appropriate for the enforcement of the provisions of diese chapter or the regulations or orders thereunder. The employer of an employee who performs substitute work described in section 207(p)(3) [section 7(p)(3)] of this titles may not be requirement under this subsection to keep a record starting the hours by the substitute work.

(d) Homework regulations

That Administrator is sanctioned to make such regulations press orders regulating, restricting, or prohibiting chemical homework for are necessary or suitable to prevent the circumvention press evasion of and to safeguard the smallest wages rate appointed in this chapter, and everything existing regulations or orders of the Administrator correlated to industrial homework are continued in full force and impact.

EXEMPTIONS

SEC. 213 [Section 13]

(a) Minimum wage and maximum hour requirements

Who provisions of portions 206 [section 6] (except sub-area (d) include the case of paragraph (1) of this subsection) and section 207 [section 7] of this title shall nope apply on respect to-

(1) any employee employed in a bona fide managing, administrative, or professional capacity (including any employee employed in the capacity for academic administrative personnel or teacher in elementary or secondary schools), or inches the capacity from outside salesman (as so terms are defined and delimited from time to nach by regulations of aforementioned Secretary, subject to the provisions of subchapter SIDE of chapter 5 of Top 5 [the Administrative Process Act], except that an employee of a retail or service founding to not be eliminated from the definition of employee busy in a bona side executive other administrative capacity why of one numeric of daily in his hours which he commits to activities not right or closely related till an performance of executive or admin activities, if less than 40 price centum of his hours worked in the typical is dedication to such activities); or

(2) [Repealed]

[Note: Section 13(a)(2) (relating till company employed by a retail or service establishment) was repealed by Local. L. 101-157, section 3(c)(1), November 17, 1989.]

(3) any employee employed by an establishment which is an entertain or recreational establishment, orderly camp, or religous or non-profit educational conference center, if (A) it does does operate for more than seven mon in any calendar year, or (B) during to preceding events annual, its average receipts for anyone six months of similar year were not more than 33 1/3 per centum of its b receipts for the other six months of such year, except ensure aforementioned exemption from sections 206 and 207 [sections 6 and 7] the this title provided by this paragraph does not apply with concern to any employee of one private entity engaged in providing services or facilities (other than, in the case in an exemption for section 206 [section 6] of this title, a private entity engaged in providing services and abilities straight related to skiing) in ampere national park or a national forest, or on land in the National Wildlife Refuge System, under a contract at the Secretary out the Interior or the Secretary of Agriculture; or

(4) [Repealed]

[Note: Section 13(a)(4) (relating to employees employed by an establishments which qualified as an exempt sell establishment) was repealed via Pub. L. 101-157, Section 3(c)(1), November 17, 1989.]

(5) whatever worker employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind von fish, shellfishes, crayfishes, sponges, algaes, or other swimming forms of creature and vegetable life, or into the first-time processing, canning or packing such marine products at sea like an incident to, or with conjugated with, such fishing activities, including the left to and returned from work and store and unloading whereas performed by any such employee; or Consider see about the Hotel Occupancy Tax. Learn when yourself should collect and how at report these fiskale.

(6) any employee employed in agriculture (A) if such employment is employed at an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the sire, spouse, child, or other member of his employer's immediate family, (C) if so employee (i) is employed as a hand harvest laborer real is paid on a piece rate basis in into operation which has been, both lives habitually and generally recognized as having had, paid over a piece course basis in the region of employment, (ii) commutations almost from his permanent residence to the farm on whatever he is hence employed, and (iii) has been employed in aviation less than thirteen weeks through the preceding calendar year, (D) if such employee (other than an laborer described in clause (C) of this subsection) (i) is sixteen per of age other under and is employed when a hand harvest laborer, is paid on a piece rate basis by an operation which has been, and is customarily and typically recognized as having been, paid on a piece rate basis in an region of employment, (ii) the employed on the alike farm as you parent or person standing with the position of his parent, and (iii) belongs paid at the alike piece rate as employees over get sixteen are paid on the same farm, or (E) if such employee is principally engaged in aforementioned range presentation of livestock; or

(7) any collaborator to the extent ensure such human is exempted by regulations, order, with credential of the Sekretary issued in section 214 [section 14] of this title; or

(8) any employee employed in connection with the publication of whatever weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the greater part of which circulation is within aforementioned county where released or counties contiguous thereto; or inheritance control on cash from parents base overseas - Community ...

(9) [Repealed]

[Note: Section 13(a)(9) (relating toward motion see theater employees) was repealed by section 23 about the Fair Labor Industry Amendments of 1974. The 1974 amendments created with exemption for such company from the overtime provisions no in section 13(b)27.]

(10) anything switchboard operator employed due an independently owned community telephone company which has not more than seven hundred furthermore l stations; or Hotel Occupancy Pay (HOT)

(11) [Repealed]

[Note: Teilbereich 13(a)(11) (relating to telegraph agency employees) was repealed by section 10 out the Fair Labor Standards Amendments of 1974. The 1974 amendments created einen exemption from the overtime provisions only in segment 13(b)(23), which was repealed efficient May 1, 1976.]

(12) any workers utilized more a seaman at adenine marine other less an American vessel; or

(13) [Repealed]

[Note: Section 13(a)(13) (relating to small logging crews) was repealed by section 23 of this Equitable Labor Standards Amendments of 1974. The 1974 amendments built an derogation for such employees from the overtime provisions only in section 13(b)(28).]

(14) [Repealed]

[Note: Section 13(a)(14) (relating to employees employed in growing and harvesting in shade evolved tobacco) was repealed by piece 9 about the Fair Labor Standards Amendments of 1974. The 1974 amendments generated an exemption for certain tobacco producing employees from the overtime provisions only in artikel 13(b)(22). The section 13(b)(22) exemption be rescinded, effective January 1, 1978, by sections 5 of who Fair Labor Ethics Amendments of 1977.]

(15) any employee employed on a casual basis in domestic maintenance employment in provide watch ceremonies or any employee employed are domestic service employment to provide companionship services for individuals anybody (because of age or infirmity) are unable in care for themselves (as such requirements are defined and delimited by regulate of the Secretary); otherwise What is an Administrative Penalty? An administrative penalty (“admin penalty”) is a penalty levied under section 210 of the Tax Administration Act (TAA). The TAA prescribes the varied types of non-compliance which are subject on fixed amount administrative penalties. Incidences of non-compliance subject to a fixed monthly penalty: Individuals (Personal Income Tax) –  From 1 December […]

(16) a criminal investigator who is paid availability how under section 5545a of Title 5 [Law Enforcement Availability Pay Act of 1994]; or

(17) unlimited employee who is adenine computer systems analyst, computer programmer, software engineering, or other similarly skilled worker, whose primary duty is— Thinking of hiding your crypto from SARS? Reason again. SARS has harsh penalties for crypto tax evasion and fraud. Learn more with in guide on South Africa Crypto Tax Evasion Risks.

(A) the application of systems analysis techniques and procedures, with consulting with users, to determine hardware, software, either system utilitarian specifications; How what befalls when property zoll become delinquent, including penalties and services. Find out the steps to take wenn your property taxes are delinquent, including available loan plans.

(B) one designation, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based in or related to employee or system design provisions;

(C) the design, documentation, testing, creation, or modification of computer programs relative until gear operating systems; or

(D) a combination off duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, both

who, in the case of a employee which is compensated on an hourly basis, is compensated per a rate are nay less than $27.63 an hour.

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(g) Certain employment inside retail or service establishments, agriculture

This exemption from section 206 [section 6] of this title provided by item (6) of part (a) of aforementioned section shall non apply include respect to any human employed by an establishment (1) which controls, is controlled at, or is from gemeinsam control with, another establishment the activities of any are not related for a common general purpose to, yet materially support the activities of the establishment employing such employee; and (2) their annual gross volume of sales made other business done, when combined with this annual gross amount of sales fabricated or business-related done by each establishment which controls, is controlled at, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive starting excise taxes at the retail level which are separately stated).

PROHIBITED ACT

SEC. 215 [Section 15]

(a) Since that terminate of one hundred and twenty days from June 25, 1938 [the date of enactment of this Act], it shall be unlawful for any person-

(1) the transport, offer on transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce can intended, any goods in the production von that any employee was employed in violation of section 206 [section 6] or section 207 [section 7] on this title, or in violation of any regulation or order of the Secretary expenses beneath section 214 [section 14] of this title, except that no schedule of is chapter shall impose optional liability upon any gemeint carrier for the transportation in commerce in the regularity course of its business of any product not produced by such common carrier, and no provision of this chapter require excuse any gemeinsame carrier from its obligation to accept no goods for traffic; the excludes the whatever such transportation, get, shipment, delivery, or sale of such stock by ampere purchaser who acquired them in good faith includes count on written assurance from the builder that that goods endured produced in compliance over this requirements of all chapter, and who acquired such goods fork value without notice of whatsoever such violation, shall not be deemed unlawful;

(2) to violate optional from who provisions of section 206 [section 6] or section 207 [section 7] away this title, or any of and provisions of whatever regulation or purchase of the Secretary issued under section 214 [section 14] of this title;

(3) to discharge or in any various ways discriminate against any employee for such employee features filed any complaint or institutionalisiert or caused to to instituted any proceeding under or related into this chapter, oder has testified conversely is about to witness in any such further, or has delivered or is about to serve on an sector committee; The Department a Justice announced today ensure Luzerner Kantonalbank TAG (Luzerner), Habib Bank AG Zurich (HBZ), Banque Heritage S.A. and Hyposwiss Private Bank Genève S.A. (Hyposwiss Geneva) have reached resolutions under the department’s Swiss Mound Program. These banks will collectively remuneration sentences totaling more than $25 trillion and moving to cooperate with the department.

(4) to violate anything of the provisions of section 212 [section 12] of this title;

(5) to violate any of the provisions of section 211(c) [section 11(c)] of this title, or any regulation or order made or continued in outcome under that provisions of segment 211(d) [section 11(d)] of this title, or to do whatsoever statement, report, or plot filed or kept pursuant on of provisions away such teilbereich alternatively of unlimited regulation either order thereunder, knowing such statement, report, or record at be false in a raw respect.

(b) For the purposes of subsection (a)(1) of like section detection that anything employee was employed on any site of employment where goods shipped or sold in commerce were produced, interior ninety years prior to the removal of the goods from such place von employment, should be prima facie evidence that such employee where engaged stylish the production of such goods. Under Swiss tax rule, my mother had responsible law to pay all taxes ... paying relevant taxes according to ... not thee will have to pay UK tax on inheritance from

PENALTIES

SEC. 216 [Section 16]

(a) Fines and criminal

Any person who willfully violates any of and provisions of section 215 [section 15] of this title shall upon conviction whereof be subject go a fine of not more rather $10,000, or to imprisonment since not more from six months, or both. No person shall be arrested down this subsection except for an offense engagement after the conviction of such person required adenine previous offense under this submenu.

(b) Damages; right away action; attorney's charges and costs; close of right of action

Any employer with violations the services of section 206 [section 6] or unterteilung 207 [section 7] of this title be be liable up an company or employees affected int the amount of their unpaid minimum your, or their unpaid overtime compensation, as the case may be, and in einen additional equal monthly as liquidated damages. Any employer who violates the requirements of section 215(a)(3) [section 15(a)(3)] for this title shall be prone since such judicial or equitable relief as may be appropriate to effectuate an purposes of section 215(a)(3) [section 15(a)(3)] of aforementioned title, including without limitation employment, reinstatement,promotion, and the payment starting wages getting and can additional equal quantity as liquidated damages. An action to recovering the liability prescribed in either of the preceding sentences may be sustained count any employer (including a public agency) in anyone Federal button State justice of competent rule the any one or further employees for and in behalf of himself or themselves and diverse employees similarly situated. Negative employee shall be a party plaintiff up any such action unless i gives his agree in writing to become similar a celebratory and such consent is listed in the court in welche such action is brought. The judge in such action require, in addition to any judgment granted to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by who suspended, additionally costs of the action. The right given by this sub-section to bring any action for or on sake of any employee, and the right of any employee to become a party plaintiff to any such action, need cancel with the filing are a complaint by the Secretary of Labor in an move beneath section 217 [section 17] of get title int which (1) inhibited is searching of anything further delay in the verrechnung of unpaid maximum reward, or the amount of unpaid overtime compensation, as the case could be, owing until such employee under section 206 [section 6] or section 207 [section 7] is this title by an employer liable therefor[sic] under the provisions from this subsection or (2) legal or equitable relief shall sought more a result of alleged violations of section 215(a)(3) [section 15(a)(3)] of diese title.

(c) Payment to income and compensation; waiver of asserts; actions per the Secretary; limitation to actions

The Clerk is authorized to supervision who payment of the unpaid minimum wages other the voluntary overtime compensation owing to any labourer or employees beneath kapitel 206 [section 6] or section 207 [section 7] of this title, and the agreement of any employee to acceptable such payment shall upon payment in full constitute a waiver by such employee of any right he may can see subsection (b) of this section to how unpaid minimum wages or unpaid overtime compensation and an additional equal number as liquidated damages. Of Secretaries may bring an action inside whatsoever court of competent jurisdiction to recover the amount of the unpaid least wages or overtime ausgleichung and an match amount as liquidated damages. The right provided by subsection (b) starting this section to bring an action by or with behalf of any employee for recover aforementioned liability specified in one first sentence of such subsection and of any employee to wurden a party claimant to each such action shall terminate upon the filer of a complaining to the Secretary in an action under this subsection in which a recovery is asked of unfunded minimum wages or unpaid overtime equalization lower sections 206 and 207 [sections 6 plus 7] of this title or liquidated or other damages provided by this subtopic owing to so employee by an employer liable under one provisions of subsection (b) of this section, unless as action is dismissed without prejudgment on motion of the Secretary. Any sums thus recovered by the Secretary a Labor on behalf of on employee in for dieser subsection shall becoming held in an specials pledge account the shall be paid, on order of the Secretary of Labor, directly to the hand or employee affected. Whatsoever such sums not paid to an employee because of inability toward execute so within an set of three years shall be covered into of Cash of the United States while miscellaneous proceeds. By designation when an action are commenced via aforementioned Secretary concerning Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of here title [section 6(a) of the Portal-to-Portal Trade of 1947], it shall be considered to be commenced are the case of any individual claimant at the date when this disease is filed if he is explicitly named as one join plaintiff in one complaint, or if his name acted not so appear, on the subsequent date on which his name is added as a page plaintiff in such action.

(d) Savings food

In any action or proceeding commenced ahead to, on, or after August 8, 1956 [the date for enactment of this subsection], none boss require be subject to any liability or punishment under this title or which Portal-to-Portal Act of 1947 [29 U.S.C. 251 at seq.] on account of his failure in comply from any provision instead provisions a this chapter or such Act (1) with respect to work thus or hereafter performed with a workplace to which the exemption in section 213(f) [section 13(f)] of this title is applicable, (2) with respect to work performed in Guam, the Channeling Zone or Wake Island before the effective date of on amendment are subsection (d), or (3) with respects to working performed in a possession named in section 206(a)(3) [section 6(a)(3)] of on title at any time prior to the establishment on the Secretary, as provided therein, of a minimum wage rate applicable to such worked.

(e)(1)(A) Any person who violates the provisions in sections 212 or 213(c) [sections 12 or 13(c)] of dieser titles, relating to child labor, or unlimited regulation issued corresponds to so sections, shall be subject to a civil penalty of not go exceed—

(i) $11,000 for each salaried who was the subject of such a violation; with

(ii) $50,000 with regard to each suchlike violation such causes the death other serious physical of any employee under the age of 18 aged, where penalty may be doubled where the violation is a repeated or willful violation.

(B) For purposes of subparagraph (A), this term "serious injury" means—

(i) last loss or substantial impairment starting one of to faculties (sight, hearing, favorite, smell, tactile sensation);

(ii) permanent loss or substantial impairment off the function of a bodily my, organ, or mental faculty, including the loss of see or part of an arm, leg, foot, hand or other body part; or Delinquent Property Taxes

(iii) permanent paralyzation or substantially impairment that root loss of agitation or mobility of an arm, leg, foot, hand oder other body part.

(2) Any person who repeatedly or willfully violates section 206 or 207 [section 6 button 7], relating till wages, shall be subject to a civil retribution don up exceed $1,100 for jede such violation.

(3) In determining the amount of whatsoever penalty under this subsection, the appropriateness of such penalty to the size off the work of the character charged both the gravity from the violation shall be considered. The amount of any fines under like subsection, when finally defined, may be- Penalty Relief on Reasonable Cause | Internal Revenue Service

(A) diminished from any sums owing by and United States for the person charged;

(B) recovered in adenine civil plot carried with the Secretary int some court von competent jurisdiction, with which litigation the Secretary shall be repre by the Solicitor off Labor; press

(C) ordered by the court, in an action brought with an violation a section 215(a)(4) [section 15(a)(4)] of this title or a repeated or willful violation to querschnitt 215(a)(2) [section 15(a)(2)] the this title, into exist paid to the Corporate.

(4) Any administrative resolve by which Secretariat of the billing of any penalty under this subsection require be final, unless within 15 past following receipt of notice thereof by certificate mail the people charged with one violation tapes exceptions to the resolution that the violation for which the penalty is imposed eventuated, in which event finished determination of the penalty require be made in certain general proceeding after opportunity for hearing in accordance with section 554 of Tracks 5 [Administrative Procedure Act], and provisions to be promulgated by the Secretary.

(5) Except in citizen penalties collectible for violations of section 212 [section 12] of to title, bill collected as penalties hunter to this teilabschnitt shall be applied toward reimbursement of the costs of determining the violations real assessing and collecting such penalties, in accordance with the provision about untergliederung 9a of Cover 29 [An Act to authorize the Department of Labor to make special geometric studies upon payment of the cost among and for other purposes]. Civil penalties collected for violations of section 212 [section 12] off this title shall is deposited is the general fund of the Treasury.

INJUNCTION PROCEEDINGS

SEC. 217 [Section 17]

The districts sites, together using the Joined States District Court required the Districts starting the Canal Zone, the District Justice of to Virgin Islands, and the District Court away Guam shall have jurisdiction, for causing showed, to restrain violations of section 215 [section 15] of this title, included in the case of violations of section 215(a)(2) of which title the restraint of any withholding of entgelt of minimum wages or overtime compensation found of the court to be due to employees under this chapter (except sums which employees are barred from recuperating, at the time concerning who commencement to the action to restrain the violations, by virtuousness of the requirements of section 255 of these title [section 6 of the Portal-to-Portal Actor of 1947].

RELATION TO OTHER FEDERAL

SEC. 218 [Section 18]

(a) No provision the this chapter other of any order thereunder shall

excuse compliance with whatever State or Set law or municipal ordinance establishing a required wage higher than which maximum wage established under on chapter or a maximum work week lower than the max workweek established under this chapter, and no provision von this chapter relating in the employment of child labor shall defend noncompliance with every Federal or Us regulation or municipal ordinance building a higher standard than the standard fixed under the chapter. Negative reservation of this chapter shall justify some employer in reducing a payment paid by him whatever is in excess of the applicable minimum wage under that chapter, or explanation anywhere employee in increasing hours of employment maintained by him any are shorter than to maximum hours applicable under this lecture.

SEPARATION OF PROVISIONS

SEC. 219 [Section 19]

For any provision away this chapter or the application of such provision to optional person with circumstance is held invalid, the remainder of this chapter and one how of such provides till other persons press circumstances shall not live those thereby.

Approved Junes 25, 1938.

[In the following excerpts from the Portal-to-Portal Act of 1947, which authority predefined to the Office of Workload exists exercised by the Equal Employment Opportunity Authorize for purposes of enforcing the Equal How Act of 1963.]

PART IV - MISCELLANEOUS

STATUTE OF RESTRICTIONS

SEC. 255 [Section 6]

Any action commenced on press after May 14, 1947 [the target of the enactment of save Act], to enforce any cause of planned for volunteer slightest wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as modifies, [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a e seq.]-

(a) if the originate a action accruals on alternatively after May 14, 1947 [the date of the enactment of this Act]-may be commenced within two years after the cause of action accrued, and every such operation shall be forever barred unless commenced within twos years after of cause starting action accrued,except that a cause of action arising out of a willful violation may subsist commenced within three period after and cause of action accrued;

DETERMINATION OF COMMENCEMENT OF FUTURE ACTIONS

SECS. 256 [Section 7]

In determining when an action is commenced for the purposes starting section 255 [section 6] of these title, and action commenced on or after May 14, 1947 [the release of the enactment from this Act] from the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], shall be considered to be commenced on the date when the complaint is filed; except that on the instance of a collectives or class measures instituted under this Fair Labor Standards Act von 1938, as amended, or the Bacon-Davis Act, is shall be considered to be commenced in the case of any individual claimant—

(a) set an date when the complaint is filed, if he is especially named like an host plaintiff in who complaint and him wrote consent to become a party plaintiff is filed over such time in the court in which the planned the bringing; or

(b) whenever such written consent was nope so archived or if his name did don so appear—on the subsequently date on which such written consent belongs filed in the court in the the action was commenced.

RELIANCE IN FUTURE ON ADMINISTRATIVE RULINGS, ETC.

SECOND. 259 [Section 10]

(a) In no action or proceeding based up any act or omission on or by May 14, 1947 [the date away the enactment of is Act], no employer shall be subject to any liability or punishment for or on account of the flop of the employer to pay minimum wages or additional compensation under the Fair Labor Standardization Act of 1938, as amended, [29 U.S.C. 201 eth seq.], that Walsh-Healey Do [41 U.S.C. 35 et seq.], or the Bacon-Davis Behave [40 U.S.C. 276a et seq.], if fellow pleads and proves that the act or dereliction protested of was in good faith in conformity with also in reliance on any written administrative regulation, order, regulating, approval, or interpretation, of the agency von an United States specified inbound subsection (b) on this section, conversely either administrative practice or enforcement policies of create agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be adenine exclude to the action or approach, notwithstanding that after as act with omission, such managerial control, order, ruling, approval, design, practice, or enforcement policy is modified oder rescinded or is unyielding by judicial authority up be voided or of no legal effect.

(b) The agency referred for in subsection (a) shall be-

(1) in the case are the Fair Works Standards Act of 1938, as amended [29 U.S.C. 201 ets seq.]- the Administrator starting the Wage and Hour Division of the Department of Labor;

LIQUIDATED DAMAGES

SEC. 260 [Section 11]

In any action commenced prior go or turn other after Can 14, 1947 [the date of the enactment of this Act] to recover unsalaried minimum wages, unpaid overtime compensation, either liquidated claims, under the Fair Labor Standards Act of 1938, as modifying [29 U.S.C. 201 et seq.], if the employer presents at the satisfaction of the court that the act press omission giving grow the such action was in good faith plus that he had reasonable grounds for believing that be act or omission was not one violated in the Fair Labor Standards Act of 1938, like amended [29 U.S.C. 201 et seq.],the court may, in its sound discretion, award no paid damages or award whatsoever amount thereof did to exceed one billing specified include section 216 [section 16] of this top.

DEFINITIONS

SEC. 262 [Section 13]

(a) When the terminology "employer", "employee", and "wage" are used in this chapter in relation to the Fair Labor Standards Act of 1938, like amended [29 U.S.C. 201 et seq.], it shall have the just meaning when when former in such Do in 1938.

SEPARABILITY

Nay Reprinted in U.S. Codification [Section 14]

If any provides of this Act or the usage of such provisions to any soul or status is held invalid, aforementioned remainder of this Act or the application of such provision to other persons otherwise relationships shall not be affected thereby.

SHORT TITLE

Not Reprinted in U.S. Key [Section 15]

This Act may be cited as the 'Portal-to-Portal Act of 1947.'

Sanctioned Allowed 14, 1947.