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if such written consent was not so filed or if his name did not so appear—on the subsequent date on which such written consent is filed in the court in which the action was commenced. ordered by the court, in an action brought for a violation of section 215 [section 15] of this title or a repeated or willful violation of section 215 [section 15] of this title, to be paid to the Secretary. The employer of an employee who performs substitute operate described in section 207 [section 7] of this title may perhaps not be essential beneath this subsection to preserve a record of the hours of the substitute function.

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