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 Amendment by Pub. L. 89–601 effective Feb. 1, 1967, except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title. RULES, REGULATIONS, AND ORDERS PROMULGATED WITH REGARD TO 1966 AMENDMENTS Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the en- actment of Pub. L. 89–601, Sept. 23, 1966, with regard to the amendments made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title. § 256. Determination of commencement of future actions In determining when an action is commenced for the purposes of section 255 of this title, an action commenced on or after May 14, 1947 under the Fair Labor Standards Act of 1938, as amend- ed [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,1 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 com- menced 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 subse- quent date on which such written consent is filed in the court in which the action was com- menced. (May 14, 1947, ch. 52, § 7, 61 Stat. 88.) 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. § 257. Pending collective and representative ac- tions The statute of limitations prescribed in sec- tion 255(b) of this title shall also be applicable (in the case of a collective or representative ac- tion commenced prior to May 14, 1947 under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.]) to an individual claimant who has not been specifically named as a party plaintiff to the action prior to the expiration of one hundred and twenty days after May 14, 1947. In the application of such statute of limitations such action shall be considered to have been commenced as to him when, and only when, his written consent to become a party plaintiff to the action is filed in the court in which the ac- tion was brought. (May 14, 1947, ch. 52, § 8, 61 Stat. 88.) 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, as amended, 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. § 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 compensa- tion 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 if he pleads and proves that the act or omission com- plained of was in good faith in conformity with and in reliance on any administrative regula- tion, order, ruling, approval, or interpretation, of any agency of the United States, or any ad- ministrative practice or enforcement policy of any such agency with respect to the class of em- Page 116 TITLE 29—LABOR § 259 1 See References in Text note below. ployers to which he belonged. Such a defense, if established, shall be a bar to the action or pro- ceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or en- forcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. (May 14, 1947, ch. 52, § 9, 61 Stat. 88.) 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. § 259. Reliance in future on administrative rul- ings, etc. (a) In any action or proceeding based on any act or omission on or after May 14, 1947, no em- ployer shall be subject to any liability or pun- ishment 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.], the Walsh-Healey Act, or the Bacon-Davis Act,1 if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administra- tive regulation, order, ruling, approval, or inter- pretation, of the agency of the United States specified in subsection (b) of this section, or any administrative practice or enforcement policy of such agency with respect to the class of employ- ers to which he belonged. Such a defense, if es- tablished, shall be a bar to the action or pro- ceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or en- forcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. (b) The agency referred to in subsection (a) shall be— (1) in the case of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.]— the Administrator of the Wage and Hour Divi- sion of the Department of Labor; (2) in the case of the Walsh-Healey Act—the Secretary of Labor, or any Federal officer uti- lized by him in the administration of such Act; and (3) in the case of the Bacon-Davis Act 1—the Secretary of Labor. (May 14, 1947, ch. 52, § 10, 61 Stat. 89.) 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. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by subsec. (b)(1) of this section in Administrator of Wage and Hour Divi- sion of Department of Labor transferred to Equal Em- ployment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Em- ployees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 260. Liquidated damages In any action commenced prior to or on or after May 14, 1947 to recover 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.], if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liq- uidated damages or award any amount thereof not to exceed the amount specified in section 216 of this title. (May 14, 1947, ch. 52, § 11, 61 Stat. 89; Pub. L. 93–259, § 6(d)(2)(B), Apr. 8, 1974, 88 Stat. 62.) 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, as amended, 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. AMENDMENTS 1974—Pub. L. 93–259 substituted ‘‘section 216 of this title’’ for ‘‘section 216(b) of this title’’. 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. § 261. Applicability of ‘‘area of production’’ regu- lations 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.], 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 an activity engaged in by such em- ployee prior to December 26, 1946, if such em- ployer—