US (United States) Code. Title 29. Chapter 9: Portal to portal pay

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 9 - PORTAL-TO-PORTAL PAY 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-MISC1-

Sec.

251. Congressional findings and declaration of policy.

252. Relief from certain existing claims under the Fair

Labor Standards Act of 1938, as amended, the

Walsh-Healey Act, and the Bacon-Davis Act.

(a) Liability of employer.

(b) Compensable activity.

(c) Time of employment.

(d) Jurisdiction.

(e) Assignment of actions.

253. Compromise and waiver.

(a) Compromise of certain existing claims under the

Fair Labor Standards Act of 1938, the

Walsh-Healey Act, or the Bacon-Davis Act;

limitations.

(b) Waiver of liquidated damages under the Fair

Labor Standards Act of 1938.

(c) Satisfaction.

(d) Retroactive effect of section.

(e) "Compromise" defined.

254. Relief from liability and punishment under the Fair

Labor Standards Act of 1938, the Walsh-Healey Act,

and the Bacon-Davis Act for failure to pay minimum

wage or overtime compensation.

(a) Activities not compensable.

(b) Compensability by contract or custom.

(c) Restriction on activities compensable under

contract or custom.

(d) Determination of time employed with respect to

activities.

255. Statute of limitations.

256. Determination of commencement of future actions.

257. Pending collective and representative actions.

258. Reliance on past administrative rulings, etc.

259. Reliance in future on administrative rulings, etc.

260. Liquidated damages.

261. Applicability of "area of production" regulations.

262. Definitions.

-End-

-CITE-

29 USC Sec. 251 01/06/03

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TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 251. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress finds that the Fair Labor Standards Act of 1938,

as amended [29 U.S.C. 201 et seq.], has been interpreted judicially

in disregard of long-established customs, practices, and contracts

between employers and employees, thereby creating wholly unexpected

liabilities, immense in amount and retroactive in operation, upon

employers with the results that, if said Act as so interpreted or

claims arising under such interpretations were permitted to stand,

(1) the payment of such liabilities would bring about financial

ruin of many employers and seriously impair the capital resources

of many others, thereby resulting in the reduction of industrial

operations, halting of expansion and development, curtailing

employment, and the earning power of employees; (2) the credit of

many employers would be seriously impaired; (3) there would be

created both an extended and continuous uncertainty on the part of

industry, both employer and employee, as to the financial condition

of productive establishments and a gross inequality of competitive

conditions between employers and between industries; (4) employees

would receive windfall payments, including liquidated damages, of

sums for activities performed by them without any expectation of

reward beyond that included in their agreed rates of pay; (5) there

would occur the promotion of increasing demands for payment to

employees for engaging in activities no compensation for which had

been contemplated by either the employer or employee at the time

they were engaged in; (6) voluntary collective bargaining would be

interfered with and industrial disputes between employees and

employers and between employees and employees would be created; (7)

the courts of the country would be burdened with excessive and

needless litigation and champertous practices would be encouraged;

(8) the Public Treasury would be deprived of large sums of revenues

and public finances would be seriously deranged by claims against

the Public Treasury for refunds of taxes already paid; (9) the cost

to the Government of goods and services heretofore and hereafter

purchased by its various departments and agencies would be

unreasonably increased and the Public Treasury would be seriously

affected by consequent increased cost of war contracts; and (10)

serious and adverse effects upon the revenues of Federal, State,

and local governments would occur.

The Congress further finds that all of the foregoing constitutes

a substantial burden on commerce and a substantial obstruction to

the free flow of goods in commerce.

The Congress, therefore, further finds and declares that it is in

the national public interest and for the general welfare, essential

to national defense, and necessary to aid, protect, and foster

commerce, that this chapter be enacted.

The Congress further finds that the varying and extended periods

of time for which, under the laws of the several States, potential

retroactive liability may be imposed upon employers, have given and

will give rise to great difficulties in the sound and orderly

conduct of business and industry.

The Congress further finds and declares that all of the results

which have arisen or may arise under the Fair Labor Standards Act

of 1938, as amended, as aforesaid, may (except as to liability for

liquidated damages) arise with respect to the Walsh-Healey [41

U.S.C. 35 et seq.] and Bacon-Davis (!1) Acts and that it is,

therefore, in the national public interest and for the general

welfare, essential to national defense, and necessary to aid,

protect, and foster commerce, that this chapter shall apply to the

Walsh-Healey Act and the Bacon-Davis Act. (!1)

(b) It is declared to be the policy of the Congress in order to

meet the existing emergency and to correct existing evils (1) to

relieve and protect interstate commerce from practices which burden

and obstruct it; (2) to protect the right of collective bargaining;

and (3) to define and limit the jurisdiction of the courts.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 1, 61 Stat. 84.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of this title. For complete classification of this Act to the

Code, see section 201 of this title and Tables.

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning act May 14, 1947, ch. 52, 61 Stat. 84, as

amended, known as the Portal-to-Portal Act of 1947, which enacted

this chapter and amended section 216 of this title. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in subsec.

(a), are defined for purposes of this chapter in section 262 of

this title.

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-188, [title II], Sec. 2101, Aug. 20, 1996, 110 Stat.

1928, provided that: "This section and sections 2102 [amending

section 254 of this title] and 2103 [enacting provisions set out as

a note under section 254 of this title] may be cited as the

'Employee Commuting Flexibility Act of 1996'."

SHORT TITLE

Section 15 of act May 14, 1947, provided that: "This Act

[enacting this chapter and amending section 216 of this title] may

be cited as the 'Portal-to-Portal Act of 1947'."

SEPARABILITY

Section 14 of act May 14, 1947, provided: "If any provision of

this Act [see Short Title note above] or the application of such

provision to any person or circumstance is held invalid, the

remainder of this Act and the application of such provision to

other persons or circumstances shall not be affected thereby."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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29 USC Sec. 252 01/06/03

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TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 252. Relief from certain existing claims under the Fair Labor

Standards Act of 1938, as amended, the Walsh-Healey Act, and the

Bacon-Davis Act

-STATUTE-

(a) Liability of employer

No employer shall be subject to any liability or punishment under

the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et

seq.] the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the

Bacon-Davis Act (!1) (in any action or proceeding commenced prior

to or on or after May 14, 1947), on account of the failure of such

employer to pay an employee minimum wages, or to pay an employee

overtime compensation, for or on account of any activity of an

employee engaged in prior to May 14, 1947, except an activity which

was compensable by either -

(1) an express provision of a written or nonwritten contract in

effect, at the time of such activity, between such employee, his

agent, or collective-bargaining representative and his employer;

or

(2) a custom or practice in effect, at the time of such

activity, at the establishment or other place where such employee

was employed, covering such activity, not inconsistent with a

written or nonwritten contract, in effect at the time of such

activity, between such employee, his agent, or

collective-bargaining representative and his employer.

(b) Compensable activity

For the purposes of subsection (a) of this section, an activity

shall be considered as compensable under such contract provision or

such custom or practice only when it was engaged in during the

portion of the day with respect to which it was so made

compensable.

(c) Time of employment

In the application of the minimum wage and overtime compensation

provisions of the Fair Labor Standards Act of 1938, as amended [29

U.S.C. 201 et seq.], of the Walsh-Healey Act [41 U.S.C. 35 et

seq.], or of the Bacon-Davis Act,(!1) in determining the time for

which an employer employed an employee there shall be counted all

that time, but only that time, during which the employee engaged in

activities which were compensable within the meaning of subsections

(a) and (b) of this section.

(d) Jurisdiction

No court of the United States, of any State, Territory, or

possession of the United States, or of the District of Columbia,

shall have jurisdiction of any action or proceeding, whether

instituted prior to or on or after May 14, 1947, to enforce

liability or impose punishment for or on account of the failure of

the employer to pay minimum wages or overtime compensation under

the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et

seq.], under the Walsh-Healey Act [41 U.S.C. 35 et seq.], or under

the Bacon-Davis Act,(!1) to the extent that such action or

proceeding seeks to enforce any liability or impose any punishment

with respect to an activity which was not compensable under

subsections (a) and (b) of this section.

(e) Assignment of actions

No cause of action based on unpaid minimum wages, unpaid overtime

compensation, or liquidated damages, under the Fair Labor Standards

Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey

Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act,(!1) which

accrued prior to May 14, 1947, or any interest in such cause of

action, shall hereafter be assignable, in whole or in part, to the

extent that such cause of action is based on an activity which was

not compensable within the meaning of subsections (a) and (b) of

this section.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 2, 61 Stat. 85.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsecs. (a), (c) to (e), is act June 25, 1938, ch. 676, 52 Stat.

1060, as amended, which is classified generally to chapter 8 (Sec.

201 et seq.) of this title. For complete classification of this Act

to the Code, see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in subsecs.

(a), (c) to (e), are defined for purposes of this chapter in

section 262 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 253 01/06/03

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TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 253. Compromise and waiver

-STATUTE-

(a) Compromise of certain existing claims under the Fair Labor

Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis

Act; limitations

Any cause of action under the Fair Labor Standards Act of 1938,

as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C.

35 et seq.], or the Bacon-Davis Act,(!1) which accrued prior to May

14, 1947, or any action (whether instituted prior to or on or after

May 14, 1947) to enforce such a cause of action, may hereafter be

compromised in whole or in part, if there exists a bona fide

dispute as to the amount payable by the employer to his employee;

except that no such action or cause of action may be so compromised

to the extent that such compromise is based on an hourly wage rate

less than the minimum required under such Act, or on a payment for

overtime at a rate less than one and one-half times such minimum

hourly wage rate.

(b) Waiver of liquidated damages under Fair Labor Standards Act of

1938

Any employee may hereafter waive his right under the Fair Labor

Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], to

liquidated damages, in whole or in part, with respect to activities

engaged in prior to May 14, 1947.

(c) Satisfaction

Any such compromise or waiver, in the absence of fraud or duress,

shall, according to the terms thereof, be a complete satisfaction

of such cause of action and a complete bar to any action based on

such cause of action.

(d) Retroactive effect of section

The provisions of this section shall also be applicable to any

compromise or waiver heretofore so made or given.

(e) "Compromise" defined

As used in this section, the term "compromise" includes

"adjustment", "settlement", and "release".

-SOURCE-

(May 14, 1947, ch. 52, Sec. 3, 61 Stat. 86.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsecs. (a) and (b), is act June 25, 1938, ch. 676, 52 Stat. 1060,

as amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of this title. For complete classification of this Act to the

Code, see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in subsec.

(a), are defined for purposes of this chapter in section 262 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 254 01/06/03

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TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 254. Relief from liability and punishment under the Fair Labor

Standards Act of 1938, the Walsh-Healey Act, and the Bacon-Davis

Act for failure to pay minimum wage or overtime compensation

-STATUTE-

(a) Activities not compensable

Except as provided in subsection (b) of this section, no employer

shall be subject to any liability or punishment under the Fair

Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.],

the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-Davis

Act,(!1) on account of the failure of such employer to pay an

employee minimum wages, or to pay an employee overtime

compensation, for or on account of any of the following activities

of such employee engaged in on or after May 14, 1947 -

(1) walking, riding, or traveling to and from the actual place

of performance of the principal activity or activities which such

employee is employed to perform, and

(2) activities which are preliminary to or postliminary to said

principal activity or activities,

which occur either prior to the time on any particular workday at

which such employee commences, or subsequent to the time on any

particular workday at which he ceases, such principal activity or

activities. For purposes of this subsection, the use of an

employer's vehicle for travel by an employee and activities

performed by an employee which are incidental to the use of such

vehicle for commuting shall not be considered part of the

employee's principal activities if the use of such vehicle for

travel is within the normal commuting area for the employer's

business or establishment and the use of the employer's vehicle is

subject to an agreement on the part of the employer and the

employee or representative of such employee.

(b) Compensability by contract or custom

Notwithstanding the provisions of subsection (a) of this section

which relieve an employer from liability and punishment with

respect to any activity, the employer shall not be so relieved if

such activity is compensable by either -

(1) an express provision of a written or nonwritten contract in

effect, at the time of such activity, between such employee, his

agent, or collective-bargaining representative and his employer;

or

(2) a custom or practice in effect, at the time of such

activity, at the establishment or other place where such employee

is employed, covering such activity, not inconsistent with a

written or nonwritten contract, in effect at the time of such

activity, between such employee, his agent, or

collective-bargaining representative and his employer.

(c) Restriction on activities compensable under contract or custom

For the purposes of subsection (b) of this section, an activity

shall be considered as compensable under such contract provision or

such custom or practice only when it is engaged in during the

portion of the day with respect to which it is so made compensable.

(d) Determination of time employed with respect to activities

In the application of the minimum wage and overtime compensation

provisions of the Fair Labor Standards Act of 1938, as amended [29

U.S.C. 201 et seq.], of the Walsh-Healey Act [41 U.S.C. 35 et

seq.], or of the Bacon-Davis Act,(!1) in determining the time for

which an employer employs an employee with respect to walking,

riding, traveling, or other preliminary or postliminary activities

described in subsection (a) of this section, there shall be counted

all that time, but only that time, during which the employee

engages in any such activity which is compensable within the

meaning of subsections (b) and (c) of this section.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 4, 61 Stat. 86; Pub. L. 104-188, [title

II], Sec. 2102, Aug. 20, 1996, 110 Stat. 1928.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsecs. (a) and (d), is act June 25, 1938, ch. 676, 52 Stat. 1060,

as amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of this title. For complete classification of this Act to the

Code, see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in subsecs.

(a) and (d), are defined for purposes of this chapter in section

262 of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-188 in closing provisions

inserted at end "For purposes of this subsection, the use of an

employer's vehicle for travel by an employee and activities

performed by an employee which are incidental to the use of such

vehicle for commuting shall not be considered part of the

employee's principal activities if the use of such vehicle for

travel is within the normal commuting area for the employer's

business or establishment and the use of the employer's vehicle is

subject to an agreement on the part of the employer and the

employee or representative of such employee."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 2103 of Pub. L. 104-188 provided that: "The amendment

made by section 2101 [probably means section 2102 of Pub. L.

104-188, amending this section] shall take effect on the date of

the enactment of this Act [Aug. 20, 1996] and shall apply in

determining the application of section 4 of the Portal-to-Portal

Act of 1947 [this section] to an employee in any civil action

brought before such date of enactment but pending on such date."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 255 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 255. Statute of limitations

-STATUTE-

Any action commenced on or after May 14, 1947, to enforce any

cause of action for unpaid minimum wages, unpaid overtime

compensation, or liquidated damages, under the Fair Labor Standards

Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey

Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act (!1) -

(a) if the cause of action accrues on or after May 14, 1947 -

may be commenced within two years after the cause of action

accrued, and every such action shall be forever barred unless

commenced within two years after the cause of action accrued,

except that a cause of action arising out of a willful violation

may be commenced within three years after the cause of action

accrued;

(b) if the cause of action accrued prior to May 14, 1947 - may

be commenced within whichever of the following periods is the

shorter: (1) two years after the cause of action accrued, or (2)

the period prescribed by the applicable State statute of

limitations; and, except as provided in paragraph (c) of this

section, every such action shall be forever barred unless

commenced within the shorter of such two periods;

(c) if the cause of action accrued prior to May 14, 1947, the

action shall not be barred by paragraph (b) of this section if it

is commenced within one hundred and twenty days after May 14,

1947 unless at the time commenced it is barred by an applicable

State statute of limitations;

(d) with respect to any cause of action brought under section

216(b) of this title against a State or a political subdivision

of a State in a district court of the United States on or before

April 18, 1973, the running of the statutory periods of

limitation shall be deemed suspended during the period beginning

with the commencement of any such action and ending one hundred

and eighty days after the effective date of the Fair Labor

Standards Amendments of 1974, except that such suspension shall

not be applicable if in such action judgment has been entered for

the defendant on the grounds other than State immunity from

Federal jurisdiction.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 6, 61 Stat. 87; Pub. L. 89-601, title

VI, Sec. 601(b), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93-259, Sec.

6(d)(2)(A), Apr. 8, 1974, 88 Stat. 61.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsecs. (a) and (d), is act June 25, 1938, ch. 676, 52 Stat. 1060,

as amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of this title. For complete classification of this Act to the

Code, see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in subsec.

(a), are defined for purposes of this chapter in section 262 of

this title.

Effective date of the Fair Labor Standards Amendments of 1974,

referred to in subsec. (d), means May 1, 1974, except as otherwise

specifically provided, under provisions of section 29(a) of Pub. L.

93-259, set out as an Effective Date of 1974 Amendment note under

section 202 of this title.

-MISC1-

AMENDMENTS

1974 - Subsec. (d). Pub. L. 93-259 added subsec. (d).

1966 - Subsec. (a). Pub. L. 89-601 inserted provision allowing

causes of action arising out of willful violations to be commenced

within three years after the cause of action accrued.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as

otherwise provided, see section 602 of Pub. L. 89-601, set out as a

note under section 203 of this title.

RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966

AMENDMENTS

Secretary authorized to promulgate necessary rules, regulations,

or orders on and after the date of the enactment of Pub. L. 89-601,

Sept. 23, 1966, with regard to the amendments made by Pub. L.

89-601, see section 602 of Pub. L. 89-601, set out as a note under

section 203 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 216, 217, 256, 257, 262

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 256 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 256. Determination of commencement of future actions

-STATUTE-

In determining when an action is commenced for the purposes of

section 255 of this title, an action commenced on or after May 14,

1947 under the Fair Labor Standards Act of 1938, as amended [29

U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.],

or the Bacon-Davis Act,(!1) shall be considered to be commenced on

the date when the complaint is filed; except that in the case of a

collective or class action instituted under the Fair Labor

Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall

be considered to be commenced in the case of any individual

claimant -

(a) on the date when the complaint is filed, if he is

specifically named as a party plaintiff in the complaint and his

written consent to become a party plaintiff is filed on such date

in the court in which the action is brought; or

(b) 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.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 7, 61 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in text, are

defined for purposes of this chapter in section 262 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 257 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 257. Pending collective and representative actions

-STATUTE-

The statute of limitations prescribed in section 255(b) of this

title shall also be applicable (in the case of a collective or

representative action commenced prior to May 14, 1947 under the

Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et

seq.]) to an individual claimant who has not been specifically

named as a party plaintiff to the action prior to the expiration of

one hundred and twenty days after May 14, 1947. In the application

of such statute of limitations such action shall be considered to

have been commenced as to him when, and only when, his written

consent to become a party plaintiff to the action is filed in the

court in which the action was brought.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 8, 61 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

-End-

-CITE-

29 USC Sec. 258 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 258. Reliance on past administrative rulings, etc.

-STATUTE-

In any action or proceeding commenced prior to or on or after May

14, 1947 based on any act or omission prior to May 14, 1947, no

employer shall be subject to any liability or punishment for or on

account of the failure of the employer to pay minimum wages or

overtime compensation under the Fair Labor Standards Act of 1938,

as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C.

35 et seq.], or the Bacon-Davis Act,(!1) if he pleads and proves

that the act or omission complained of was in good faith in

conformity with and in reliance on any administrative regulation,

order, ruling, approval, or interpretation, of any agency of the

United States, or any administrative practice or enforcement policy

of any such agency with respect to the class of employers to which

he belonged. Such a defense, if established, shall be a bar to the

action or proceeding, notwithstanding that after such act or

omission, such administrative regulation, order, ruling, approval,

interpretation, practice, or enforcement policy is modified or

rescinded or is determined by judicial authority to be invalid or

of no legal effect.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 9, 61 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in text, are

defined for purposes of this chapter in section 262 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 259 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 259. Reliance in future on administrative rulings, etc.

-STATUTE-

(a) In any action or proceeding based on any act or omission on

or after May 14, 1947, no employer shall be subject to any

liability or punishment for or on account of the failure of the

employer to pay minimum wages or overtime compensation under the

Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et

seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the

Bacon-Davis Act,(!1) if he pleads and proves that the act or

omission complained of was in good faith in conformity with and in

reliance on any written administrative regulation, order, ruling,

approval, or interpretation, of the agency of the United States

specified in subsection (b) of this section, or any administrative

practice or enforcement policy of such agency with respect to the

class of employers to which he belonged. Such a defense, if

established, shall be a bar to the action or proceeding,

notwithstanding that after such act or omission, such

administrative regulation, order, ruling, approval, interpretation,

practice, or enforcement policy is modified or rescinded or is

determined by judicial authority to be invalid or of no legal

effect.

(b) The agency referred to in subsection (a) of this section

shall be -

(1) in the case of the Fair Labor Standards Act of 1938, as

amended [29 U.S.C. 201 et seq.] - the Administrator of the Wage

and Hour Division of the Department of Labor;

(2) in the case of the Walsh-Healey Act [41 U.S.C. 35 et seq.]

- the Secretary of Labor, or any Federal officer utilized by him

in the administration of such Act; and

(3) in the case of the Bacon-Davis Act (!1) - the Secretary of

Labor.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 10, 61 Stat. 89.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in text, are

defined for purposes of this chapter in section 262 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to enforcement and administration of equal pay

provisions vested by subsec. (b)(1) of this section in

Administrator of Wage and Hour Division of Department of Labor

transferred to Equal Employment Opportunity Commission by Reorg.

Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92 Stat. 3781, set out

in the Appendix to Title 5, Government Organization and Employees,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6,

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 260 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 260. Liquidated damages

-STATUTE-

In any action commenced prior to or on or after May 14, 1947 to

recover unpaid minimum wages, unpaid overtime compensation, or

liquidated damages, under the Fair Labor Standards Act of 1938, as

amended [29 U.S.C. 201 et seq.], if the employer shows to the

satisfaction of the court that the act or omission giving rise to

such action was in good faith and that he had reasonable grounds

for believing that his act or omission was not a violation of the

Fair Labor Standards Act of 1938, as amended, the court may, in its

sound discretion, award no liquidated damages or award any amount

thereof not to exceed the amount specified in section 216 of this

title.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 11, 61 Stat. 89; Pub. L. 93-259, Sec.

6(d)(2)(B), Apr. 8, 1974, 88 Stat. 62.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-259 substituted "section 216 of this title" for

"section 216(b) of this title".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

-End-

-CITE-

29 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 261. Applicability of "area of production" regulations

-STATUTE-

No employer shall be subject to any liability or punishment under

the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et

seq.], on account of the failure of such employer to pay an

employee minimum wages, or to pay an employee overtime

compensation, for or on account of an activity engaged in by such

employee prior to December 26, 1946, if such employer -

(1) was not so subject by reason of the definition of an "area

of production", by a regulation of the Administrator of the Wage

and Hour Division of the Department of Labor, which regulation

was applicable at the time of performance of the activity even

though at that time the regulation was invalid; or

(2) would not have been so subject if the regulation signed on

December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been

in force on and after October 24, 1938.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 12, 61 Stat. 89.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Labor, with certain exceptions, to

Secretary of Labor, with power to delegate, see Reorg. Plan No. 6,

of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

29 USC Sec. 262 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 9 - PORTAL-TO-PORTAL PAY

-HEAD-

Sec. 262. Definitions

-STATUTE-

(a) When the terms "employer", "employee", and "wage" are used in

this chapter in relation to the Fair Labor Standards Act of 1938,

as amended [29 U.S.C. 201 et seq.], they shall have the same

meaning as when used in such Act of 1938.

(b) When the term "employer" is used in this chapter in relation

to the Walsh-Healey Act [41 U.S.C. 35 et seq.] or Bacon-Davis Act

(!1) it shall mean the contractor or subcontractor covered by such

Act.

(c) When the term "employee" is used in this chapter in relation

to the Walsh-Healey Act [41 U.S.C. 35 et seq.] or the Bacon-Davis

Act (!1) it shall mean any individual employed by the contractor or

subcontractor covered by such Act in the performance of his

contract or subcontract.

(d) The term "Wash-Healey Act" (!2) means the Act entitled "An

Act to provide conditions for the purchase of supplies and the

making of contracts by the United States, and for other purposes",

approved June 30, 1936 (49 Stat. 2036), as amended [41 U.S.C. 35 et

seq.]; and the term "Bacon-Davis Act" means the Act entitled "An

Act to amend the Act approved March 3, 1931, relating to the rate

of wages for laborers and mechanics employed by contractors and

subcontractors on public buildings", approved August 30, 1935 (49

Stat. 1011), as amended.(!1)

(e) As used in section 255 of this title the term "State" means

any State of the United States or the District of Columbia or any

Territory or possession of the United States.

-SOURCE-

(May 14, 1947, ch. 52, Sec. 13, 61 Stat. 90.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, as amended, referred to in

subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of this title. For complete classification of this Act to the

Code, see see section 201 of this title and Tables.

The "Bacon-Davis Act", as defined for purposes of this chapter in

subsec. (d), is act Aug. 30, 1935, ch. 825, 49 Stat. 1011, which

generally amended act Mar. 3, 1931, ch. 411, 46 Stat. 1494,

popularly known as the "Davis-Bacon Act", and which was classified

to sections 276a to 276a-6 of former Title 40, Public Buildings,

Property, and Works. Sections 276a to 276a-6 of former Title 40

were repealed and reenacted as sections 3141-3144, 3146, and 3147

of Title 40, Public Buildings, Property, and Works, by Pub. L.

107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "Walsh-Healey Act".

-End-