§ 253 TITLE 29—LABOR Page 100

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.] (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 [40

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

Bacon-Davis Act [40 U.S.C. 276a et seq.], 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 [40 U.S.C. 276a et seq.],

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.

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

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 (§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.

CROSS REFERENCES

Action by employee for recovery of unpaid minimum

wages or unpaid overtime compensation and liquidated

damages under Fair Labor Standards Act, see section

216 of this title.

Action by employee of Government contractor under

Bacon-Davis Act for wages against contractor and sureties, see section 276a–2 of Title 40, Public Buildings,

Property, and Works.

Action by Secretary of Labor for recovery of unpaid

minimum wages or unpaid overtime compensation and

liquidated damages under Fair Labor Standards Act,

see section 216 of this title.

Action by United States against contractor for liquidated damages for violation of Walsh-Healey Act, see

section 36 of Title 41, Public Contracts.

Liability of employer for activities compensable by

express contract or custom or practice, see section 254

of this title.

Maximum hours—

Fair Labor Standards Act, see section 207 of this

title.

Walsh-Healey Act, see section 35 of Title 41, Public

Contracts.

Minimum wages—

Bacon-Davis Act, see section 276a of Title 40, Public

Buildings, Property, and Works.

Fair Labor Standards Act, see section 216 of this

title.

Walsh-Healey Act, see section 35 of Title 41, Public

Contracts.

Rate of overtime compensation—

Fair Labor Standards Act, see section 207 of this

title.

Walsh-Healey Act, see section 40 of Title 41, Public

Contracts.

§ 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

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 [40 U.S.C. 276a et

seq.], 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
Page 101 TITLE 29—LABOR § 254

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’’.

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

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 (§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.

§ 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

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 [40 U.S.C. 276a 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 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 [40

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

(May 14, 1947, ch. 52, §4, 61 Stat. 86; Pub. L.

104–188, [title II], §2102, Aug. 20, 1996, 110 Stat.

1928.)

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 subsecs. (a) and (d), are defined for purposes of this

chapter in section 262 of this title.