|
U.S. Code as of:
01/19/04
Section 210. Court review of wage orders in Puerto Rico and the Virgin Islands
(a) Any person aggrieved by an order of the Secretary issued
under section 208 of this title may obtain a review of such order
in the United States Court of Appeals for any circuit wherein such
person resides or has his principal place of business, or in the
United States Court of Appeals for the District of Columbia, by
filing in such court, within 60 days after the entry of such order
a written petition praying that the order of the Secretary be
modified or set aside in whole or in part. A copy of such petition
shall forthwith be transmitted by the clerk of the court to the
Secretary, and thereupon the Secretary shall file in the court the
record of the industry committee upon which the order complained of
was entered, as provided in section 2112 of title 28. Upon the
filing of such petition such court shall have exclusive
jurisdiction to affirm, modify (including provision for the payment
of an appropriate minimum wage rate), or set aside such order in
whole or in part, so far as it is applicable to the petitioner. The
review by the court shall be limited to questions of law, and
findings of fact by such industry committee when supported by
substantial evidence shall be conclusive. No objection to the order
of the Secretary shall be considered by the court unless such
objection shall have been urged before such industry committee or
unless there were reasonable grounds for failure so to do. If
application is made to the court for leave to adduce additional
evidence, and it is shown to the satisfaction of the court that
such additional evidence may materially affect the result of the
proceeding and that there were reasonable grounds for failure to
adduce such evidence in the proceedings before such industry
committee, the court may order such additional evidence to be taken
before an industry committee and to be adduced upon the hearing in
such manner and upon such terms and conditions as to the court may
seem proper. Such industry committee may modify the initial
findings by reason of the additional evidence so taken, and shall
file with the court such modified or new findings which if
supported by substantial evidence shall be conclusive, and shall
also file its recommendation, if any, for the modification or
setting aside of the original order. The judgment and decree of the
court shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in
section 1254 of title 28.
(b) The commencement of proceedings under subsection (a) of this
section shall not, unless specifically ordered by the court,
operate as a stay of the Administrator's order. The court shall not
grant any stay of the order unless the person complaining of such
order shall file in court an undertaking with a surety or sureties
satisfactory to the court for the payment to the employees affected
by the order, in the event such order is affirmed, of the amount by
which the compensation such employees are entitled to receive under
the order exceeds the compensation they actually receive while such
stay is in effect.
|
|