§ 255 TITLE 29—LABOR Page 102

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.’’

CROSS REFERENCES

Exclusion from hours worked of time spent changing

clothes or washing up, see section 203 of this title.

§ 255. Statute of limitations

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 [40

U.S.C. 276a et seq.]—

(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.

(May 14, 1947, ch. 52, §6, 61 Stat. 87; Pub. L.

89–601, title VI, §601(b), Sept. 23, 1966, 80 Stat.

844; Pub. L. 93–259, §6(d)(2)(A), Apr. 8, 1974, 88

Stat. 61.)

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 (§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.

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.

CROSS REFERENCES

Time when action by Administrator of the Wage and

Hour Division is deemed to be commenced for purposes

of subsec. (a) of this section, see section 216 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

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

262 of this title.

§ 256. Determination of commencement of future

actions

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 [40

U.S.C. 276a et seq.], 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