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U.S. Code as of:
01/19/04
Section 204. Administration
(a) Creation of Wage and Hour Division in Department of Labor;
Administrator
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) Appointment, selection, classification, and promotion of
employees by Administrator
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) Principal office of Administrator; jurisdiction
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) Biennial report to Congress; studies of exemptions to hour and
wage provisions and means to prevent curtailment of employment
opportunities
(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) Study of effects of foreign production on unemployment; report
to President and Congress
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) Employees of Library of Congress; administration of provisions
by Office of Personnel Management
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 Rate 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.
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