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29 U.S.C. § 256 — Determination of commencement of future actions
Federal law — U.S. Code and appendices · legal_authorities
In determining when an action is commenced for the purposes of [section 255 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section255&num=0&edition=prelim), an action commenced on or after May 14, 1947 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. 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 Standards Act of 1938, as amended, or the Bacon-Davis Act,1 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.
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Source file: Laws/federal/codes/united-states-code/title-29/section-256-determination-of-commencement-of-future-actions--5e7bff8429.md
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Source location: Title 29, Chapter 9, § 256; chapter-009-portal-to-portal-pay.md
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In determining when an action is commenced for the purposes of [section 255 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section255&num=0&edition=prelim), an action commenced on or after May 14, 1947 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. 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 Standards Act of 1938, as amended, or the Bacon-Davis Act,1 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.
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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
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](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. —
**(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), 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim) against a State or a political subdivision of a State in a district court of the United States on or before April 18,
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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
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
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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