[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1626.15]

[Page 346-347]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY 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 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. Notice of commencement of 
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.
    (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

[[Page 347]]

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 Field Directors, the Director of the 
Office of Field Programs 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; 68 FR 70152, Dec. 17, 2003; 71 FR 26831, May 9, 
2006]