29 U.S.C. § 2616
Section 2616 · Investigative authority
This is § 106 of the Family and Medical Leave Act of 1993
Amended 1 time on record
Applied in 8 court decisions — leading case Ragsdale v. Wolverine World Wide, Inc. (2002)
Most recently applied in Tennial v. United Parcel Service, Inc. (October 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
To ensure compliance with the provisions of this subchapter, or any regulation or order issued under this subchapter, the Secretary shall have, subject to subsection (c) of this section, the investigative authority provided under section 211(a) of this title.
Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with section 211(c) of this title and in accordance with regulations issued by the Secretary.
The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order issued pursuant to this subchapter, or is investigating a charge pursuant to section 2617(b) of this title.
For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 209 of this title.