(a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any
person-
(1) to transport, offer for transportation, ship, deliver, or sell in
commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in
commerce is intended, any
goods in the production of which any employee was employed in violation of section
206 or section
207 of this title, or in violation of any regulation or order of the
Secretary issued under section
214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in
commerce in the regular course of its business of any
goods not
produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any
goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such
goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the
goods were
produced in compliance with the requirements of this chapter, and who acquired such
goods for value without notice of any such violation, shall not be deemed unlawful;
(2) to violate any of the provisions of section
206 or section
207 of this title, or any of the provisions of any regulation or order of the
Secretary issued under section
214 of this title;
(3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an
industry committee;
(4) to violate any of the provisions of section
212 of this title;
(5) to violate any of the provisions of section
211(c) of this title, or any regulation or order made or continued in effect under the provisions of section
211(d) of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect.
(b) For the purposes of subsection (a)(1) proof that any employee was employed in any place of employment where
goods shipped or sold in
commerce were
produced, within ninety days prior to the removal of the
goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such
goods.
June 25, 1938, ch. 676, §15, 52 Stat. 1068; Oct. 26, 1949, ch. 736, §13, 63 Stat. 919; 1950 Reorg. Plan No. 6, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
EDITORIAL NOTES
AMENDMENTS1949-Subsec. (a)(1). Act Oct. 26, 1949, §13(a), inserted provision protecting purchaser in good faith in sale of goods produced in violation of this chapter. Subsec. (a)(5). Act Oct. 26, 1949, §13(b), inserted "or any regulation or order made or continued in effect under the provisions of section 211(d) of this title" after "211(c) of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1949 AMENDMENT Amendment 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.
LIABILITY OF PUBLIC AGENCY FOR DISCRIMINATION AGAINST EMPLOYEE FOR ASSERTION OF COVERAGEPub. L. 99-150, §8, Nov. 13, 1985, 99 Stat. 791, provided that: "A public agency which is a State, political subdivision of a State, or an interstate governmental agency and which discriminates or has discriminated against an employee with respect to the employee's wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor Standards Act of 1938 [ 29 U.S.C. 207 ] shall be held to have violated section 15(a)(3) of such Act [ 29 U.S.C. 215(a)(3) ]. The protection against discrimination afforded by the preceding sentence shall be available after August 1, 1986, only for an employee who takes an action described in section 15(a)(3) of such Act."
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSFor 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.