29 U.S.C. § 252 — Relief from certain existing claims under

Page 112 TITLE 29—LABOR § 252 1 See References in Text note below. 1 See References in Text note below. bargaining would be interfered with and indus- trial disputes between employees and employers and between employees and employees would be created; (7) the courts of the country would be burdened with excessive and needless litigation and champertous practices would be encouraged; (8) the Public Treasury would be deprived of large sums of revenues and public finances would be seriously deranged by claims against the Public Treasury for refunds of taxes already paid; (9) the cost to the Government of goods and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the Public Treas- ury would be seriously affected by consequent increased cost of war contracts; and (10) serious and adverse effects upon the revenues of Fed- eral, State, and local governments would occur. The Congress further finds that all of the fore- going constitutes a substantial burden on com- merce and a substantial obstruction to the free flow of goods in commerce. The Congress, therefore, further finds and de- clares that it is in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this chapter be enacted. The Congress further finds that the varying and extended periods of time for which, under the laws of the several States, potential retro- active liability may be imposed upon employers, have given and will give rise to great difficulties in the sound and orderly conduct of business and industry. The Congress further finds and declares that all of the results which have arisen or may arise under the Fair Labor Standards Act of 1938, as amended, as aforesaid, may (except as to liabil- ity for liquidated damages) arise with respect to the Walsh-Healey and Bacon-Davis Acts 1 and that it is, therefore, in the national public inter- est and for the general welfare, essential to na- tional defense, and necessary to aid, protect, and foster commerce, that this chapter shall apply to the Walsh-Healey Act and the Bacon- Davis Act.1 (b) It is declared to be the policy of the Con- gress in order to meet the existing emergency and to correct existing evils (1) to relieve and protect interstate commerce from practices which burden and obstruct it; (2) to protect the right of collective bargaining; and (3) to define and limit the jurisdiction of the courts. (May 14, 1947, ch. 52, § 1, 61 Stat. 84.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in subsec. (a), 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. This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act May 14, 1947, ch. 52, 61 Stat. 84, known as the Portal-to-Portal Act of 1947, which enacted this chapter and amended section 216 of this title. For complete classification of this Act to the Code, see Short Title note set out below 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. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–188, [title II], § 2101, Aug. 20, 1996, 110 Stat. 1928, provided that: ‘‘This section and sections 2102 [amending section 254 of this title] and 2103 [enacting provisions set out as a note under section 254 of this title] may be cited as the ‘Employee Commuting Flexi- bility Act of 1996’.’’ SHORT TITLE Act May 14, 1947, ch. 52, § 15, 61 Stat. 90, provided that: ‘‘This Act [enacting this chapter and amending section 216 of this title] may be cited as the ‘Portal-to-Portal Act of 1947’.’’ SEPARABILITY Act May 14, 1947, ch. 52, § 14, 61 Stat. 90, provided: ‘‘If any provision of this Act [see Short Title note above] or the application of such provision to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.’’ § 252. Relief from certain existing claims under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the Bacon-Davis Act (a) Liability of employer 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, or the Bacon-Davis Act 1 (in any action or proceeding commenced prior to or on or after May 14, 1947), on account of the fail- ure of such employer to pay an employee min- imum 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 ei- ther— (1) an express provision of a written or non- written 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, cov- ering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such em- ployee, his agent, or collective-bargaining rep- resentative and his employer. (b) Compensable activity For the purposes of subsection (a), 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 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 REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in subsecs. (a), (c) to (e), 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 clas- sification 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. § 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, or the Bacon- Davis Act,1 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 et seq.], to liquidated damages, in whole or in part, with respect to ac- tivities engaged in prior to May 14, 1947. (c) Satisfaction Any such compromise or waiver, in the ab- sence 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 ap- plicable to any compromise or waiver heretofore so made or given. (e) ‘‘Compromise’’ defined As used in this section, the term ‘‘com- promise’’ includes ‘‘adjustment’’, ‘‘settlement’’, and ‘‘release’’. (May 14, 1947, ch. 52, § 3, 61 Stat. 86.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in subsecs. (a) and (b), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chap- ter 8 (§ 201 et seq.) of this title. For complete classifica- tion 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), no em- ployer shall be subject to any liability or pun- ishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,1 on account of the failure of such employer to pay an employee minimum wages, or to pay an em- ployee overtime compensation, for or on ac- count 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 prin- cipal activity or activities which such em- ployee is employed to perform, and (2) activities which are preliminary to or postliminary to said principal activity or ac- tivities, which occur either prior to the time on any par- ticular workday at which such employee com-