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29 U.S.C. § 253 — Compromise and waiver
Federal law — U.S. Code and appendices · legal_authorities
**(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](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. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) 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
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Source location: Title 29, Chapter 9, § 253; chapter-009-portal-to-portal-pay.md
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**(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](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. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) 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”.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
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
Page 113
TITLE 29—LABOR
§ 254
1 See References in Text note below.
1 See References in Text note below.
U.S.C. 201 et seq.], of the Walsh-Healey Act, 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 sec-
tion.
(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 jurisdic-
tion of any action or proceeding, whether insti-
tuted prior to or on or after May 14, 1947, to en-
force 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, or under the Bacon-Davis Act,1 to
the extent that such action or proceeding seeks
to enforce any liability or impose any punish-
ment 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 liq-
uidated damages, under the Fair Labor Stand-
ards Act of 1938, as amended [29 U.S.C. 201 et
seq.], the Walsh-Healey Act, 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).
(May 14, 1947, ch. 52, § 2, 61 Stat. 85.)
Editorial Notes
REFERE
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