[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1626.15]

[Page 330-331]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents
 
Sec. 1626.15  Commission enforcement.

    (a) As provided in sections 9, 11, 16 and 17 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 209, 211, 216 and 217) 
(FLSA) and sections 6 and 7 of this Act, the Commission and its 
authorized representatives may (1) investigate and gather data; (2) 
enter and inspect establishments and records and make transcripts 
thereof; (3) interview

[[Page 331]]

employees; (4) impose on persons subject to the Act appropriate 
recordkeeping and reporting requirements; (5) advise employers, 
employment agencies and labor organizations with regard to their 
obligations under the Act and any changes necessary in their policies, 
practices and procedures to assure compliance with the Act; (6) subpoena 
witnesses and require the production of documents and other evidence; 
(7) supervise the payment of amounts owing pursuant to section 16(c) of 
the FLSA, and (8) institute action under section 16(c) or section 17 of 
the FLSA or both to obtain appropriate relief.
    (b) Whenever the Commission has a reasonable basis to conclude that 
a violation of the Act has occurred or will occur, it may commence 
conciliation under section 7(b) of the Act. The date of issuance of 
written notice to the respondent of the Commission's intent to begin or 
continue conciliation shall determine when the statute of limitations is 
tolled pursuant to section 7(e)(2) of the Act. Such notice will 
ordinarily be issued in the form of a letter of violation; provided, 
however, that failure to issue a written violation letter shall in no 
instance be construed as a finding of no violation. The Commission will 
ordinarily notify the respondent and aggrieved persons of its 
determination. In the process of conducting any investigation or 
conciliation under this Act, the identity of persons who have provided 
information in confidence shall not be disclosed except in accordance 
with Sec. 1626.4. When the written notice prescribed above is issued, 
the statute of limitations shall be tolled for a period of one year 
unless a conciliation agreement is obtained earlier. The tolling period 
pursuant to section 7(e)(2) is applicable to both Commission and private 
party litigation.
    (c) Any agreement reached as a result of efforts undertaken pursuant 
to this section shall, as far as practicable, require the respondent to 
eliminate the unlawful practice(s) and provide appropriate affirmative 
relief. Such agreement shall be reduced to writing and will ordinarily 
be signed by the Commission's delegated representative, the respondent, 
and the charging party, if any. A copy of the signed agreement shall be 
sent to all the signatories thereto.
    (d) Upon the failure of informal conciliation, conference and 
persuasion under section 7(b) of the Act, the Commission may initiate 
and conduct litigation.
    (e) The District Directors, the Washington Field Office Director, 
and the Director of the Office of Program Operations or their designees, 
are hereby delegated authority to exercise the powers enumerated in 
Sec. 1626.15(a) (1) through (7) and (b) and (c). The General Counsel or 
his/her designee is hereby delegated the authority to exercise the 
powers in paragraph (a) of this section and at the direction of the 
Commission to initiate and conduct litigation.

[48 FR 140, Jan. 3, 1983, as amended at 54 FR 32063, Aug. 4, 1989; 54 FR 
33503, Aug. 15, 1989]