Page 103 TITLE 29—LABOR § 259

Standards Act of 1938, as amended, or the BaconDavis 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.

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

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 (§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.

§ 257. Pending collective and representative actions

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.

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

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 (§201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title

and Tables.

§ 258. Reliance on past administrative rulings,

etc.

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 WalshHealey Act [41 U.S.C. 35 et seq.], or the BaconDavis Act [40 U.S.C. 276a et seq.], 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.

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

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 (§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.

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

(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 [40 U.S.C. 276a et seq.], 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 [40

U.S.C. 276a et seq.]—the Secretary of Labor.

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

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 (§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.