(a) Pursuant to section 5 of the Act, the Secretary is authorized
to:
(1) Issue such rules and regulations as may be necessary or
appropriate to carry out the Act;
(2) Cooperate with regional, State, local, and other agencies, and
cooperate with and furnish technical assistance to employers, labor
organizations, and employment agencies to aid in effectuating the
purposes of the Act; and
(3) Make investigations and inspections as necessary or appropriate,
through complaint or otherwise, including inspection of such records
(and copying or transcription thereof), questioning of such persons, and
gathering such information as deemed necessary to determine compliance
with the Act or these regulations; and
(4) Require the keeping of records necessary or appropriate for the
administration of the Act.
(b) Section 5 of the Act also grants the Secretary authority to
issue subpoenas requiring the attendance and testimony of witnesses or
the production of any evidence in connection with any investigation or
hearing under the Act. The Secretary may administer oaths, examine
witnesses, and receive evidence. For the purpose of any investigation or
hearing provided for in the Act, the authority contained in sections 9
and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50), relating
to the attendance of witnesses and the production of books, papers, and
documents, shall be available to the Secretary.
(c) In case of disobedience to a subpoena, the Secretary may invoke
the aid of a United States District Court which is authorized to issue
an order requiring the person to obey such subpoena.
(d) Any person may report a violation of the Act or these
regulations to the Secretary by advising any local office of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, or any authorized representative of the Administrator. The
office or person receiving such a report shall refer it to the
appropriate office of the Wage and Hour Division, Employment Standards
Administration, for the region or area in which the reported violation
is alleged to have occurred.
(e) The Secretary shall conduct investigations in a manner which, to
the extent practicable, protects the confidentiality of any complainant
or other party who provides information to the Secretary in good faith.
(f) It is a violation of these regulations for any person to resist,
oppose, impede, intimidate, or interfere with any official of the
Department of Labor assigned to perform an investigation, inspection, or
law enforcement function pursuant to the Act during the performance of
such duties.
