-CITE-
    29 USC CHAPTER 9 - PORTAL-TO-PORTAL PAY                     01/03/2007

-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.           
    253.        Compromise and waiver.                                
    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.                       
    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                                             01/03/2007

-EXPCITE-
    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-

-CITE-
    29 USC Sec. 252                                             01/03/2007

-EXPCITE-
    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                                             01/03/2007

-EXPCITE-
    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                                             01/03/2007

-EXPCITE-
    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                                             01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    29 USC Sec. 256                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    29 USC Sec. 260                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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-