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29 U.S.C. § 258 — Reliance on past administrative rulings, etc.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,11 See References in Text note below. 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

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Stable record: federal_law:legal_authorities:record_usc_270a0cde003ec4a4621222f2
Source file: Laws/federal/codes/united-states-code/title-29/section-258-reliance-on-past-administrative-rulings-etc--09e99c5c63.md
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Source location: Title 29, Chapter 9, § 258; chapter-009-portal-to-portal-pay.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,11 See References in Text note below. 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 201 — Short title

This chapter may be cited as the “Fair Labor Standards Act of 1938”.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 262 — Definitions

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) 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 or Bacon-Davis Act 11 See References in Text note below. 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 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” 22 So in original. Probably should be “Walsh-Healey Act”. 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; 1 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section255&num=0&edition=prelim) the term “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 201 — Short title

Page 62 TITLE 29—LABOR § 201 Sec. 215. Prohibited acts; prima facie evidence. 216. Penalties. 216a. Repealed. 216b. Liability for overtime work performed prior to July 20, 1949. 217. Injunction proceedings. 218. Relation to other laws. 218a. Repealed. 218b. Notice to employees. 218c. Protections for employees. 218d. Breastfeeding accommodations in the work- place. 219. Separability. § 201. Short title This chapter may be cited as the ‘‘Fair Labor Standards Act of 1938’’. (June 25, 1938, ch. 676, § 1, 52 Stat. 1060.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. KK, § 101, Dec. 29, 2022, 136 Stat. 6093, provided that: ‘‘This division [enacting section 218d of this title, amending sections 207, 215, and 216 of this title and section 20168 of Title 49, Transportation, and enacting provisions set out as notes under sections 207, 215, and 218d of this title and section 20168 of Title 49] may be cited as the ‘Providing Urgent Maternal Protections for Nursing Mothers Act’ or the ‘PUMP for Nursing Mothers Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–28, title VIII, § 8101, May 25, 2007, 121 Stat. 188, provided that: ‘‘This subtitle [subtitle A (§§ 8101–8104) of title VIII of Pub. L. 110–28, amending section 206 of this title, repealing sections 205 and 208 of this title, and enacting provisions set out as notes under section 206 of this title] may be cited as the ‘Fair Minimum Wage Act of 2007’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–202, § 1, May 18, 2000, 114 Stat. 308, provided that: ‘‘This Act [amending section 207 of this title and enacting provisions set out as notes under section 207 of this title] may be cited as the ‘Worker Economic Op- portunity Act’.’’ SHORT

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 258 — Reliance on past administrative rulings,

Page 115 TITLE 29—LABOR § 258 1 See References in Text note below. 1 See References in Text note below. the effective date of the Fair Labor Standards Amendments of 1974, except that such suspen- sion 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.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, 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 sec- tion 262 of this title. The 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 al- lowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued. Statutory Notes and Related Subsidiaries 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 Am

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