Page:United States Statutes at Large Volume 63 Part 1.djvu/957

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63 STAT.] 81ST CONG. , 1IT SESS.-CH. 736-OCT. 26, 1949 PROHIBITED ACTS SEc. 13. (a) Section 15 (a) (1) of such Act is amended by adding at the end thereof the following: "and except that any such transporta- tion, 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 require- ments of the Act, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful." (b) Section 15 (a) (5) of such Act is amended by inserting after "section 11 (c)" the following: "or any regulation or order made or continued in effect under the provisions of section 11 (d)". PENALTIES 919 52 Stat. 1068. 29U.S.0.§215(a) (I). 52 Stat. 1068. 29U.S.O.1215(a) (5). SEC. 14. Section 16 of such Act is amended by adding at the end 2 Stat0. 21 -0. thereof the following new subsection: supp. II, 216. "(c) The Administrator is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 6 or section 7 of An, P .912 this Act, and the agreement of any employee to accept such payment Walver by employ- shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such 29sI^tS. supp. unpaid minimum wages or unpaid overtime compensation and an I i,26(b). additional equal amount as liquidated damages. When a written court action. request is filed by any employee with the Administrator claiming unpaid minimum wages or unpaid overtime compensation under section 6 or section 7 of this Act, the Administrator may bring an Ante, p . 912 action in any court of competent jurisdiction to recover the amount of such claim: Provided,That this authority to sue shall not be used Restriction. by the Administrator in any case involving an issue of law which has not been settled finally by the courts, and in any such case no court shall have jurisdiction over such action or proceeding initiated or brought by the Administrator if it does involve any issue of law not so finally settled. The consent of any employee to the bringing of any waiver by employ- such action by the Administrator, unless such action is dismissed e without prejudice on motion of the Administrator, shall constitute a waiver by such employee of any right of action he may have under subsection (b) of this section for such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. Any sums thus recovered by the Administrator Spedi deposi t on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the Admin- istrator, directly to the employee or employees affected. Any such Msceelaneoausre- sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Administrator under this subsection for the purposes of the two-year statute of limitations provided in section 6 (a) of the Portal-to-Portal Act of 1947, it shall be considered to be S.at 87C, upp commenced in the case of any individual claimant on the date when n, i 2 (a). the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action." INJUNCTION PROCEEDINGS SEC. 15. Section 17 of such Act is amended to read as follows: "SEC. 17. The district courts, together with the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, and the District Court of the Virgin Islands shall 52 Stat. 1069. 29U. S.C . 217.