§ 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

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Pub. L. 80–52 § 4 · 61 Stat. 84

   Enacted · 29 U.S.C. § 254

   May 14, 1947, ch. 52, § 4, 61 Stat. 86

   Source evidence

   Code source credit
   May 14, 1947, ch. 52, § 4, 61 Stat. 86

   Enacted provision · exact public law section
   Sec. 4. Relief From Certain Future Claims Under the Fair Labor Standards Act of 1938, as Amended, the Walsh-Healey Act, and the Bacon-Davis Act.— (a) Except as provided in subsection (b), no employer shall be subject to any liability or punishment under the Fair Labor Standards 52 Stat. 1060; 49 Stat. 2036, 1011. 29 U. S. C. §§ 201–219; 41 U. S. C. §§ 35–45; 40 U. S. C. §§ 276a–276a–5. Post, pp. 87, 454. Act of 1938, as amended, the Walsh-Healey Act, or the Bacon-Davis Act, on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of any of the following activities of such employee engaged in on or after the date of the enactment of this Act— (1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and (2) activities which are preliminary to or postliminary to said principal activity or activities, which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities. (b) Notwithstanding the provisions of subsection (a) which relieve Restriction. an employer from liability and punishment with respect to an activity, the employer shall not be so relieved if such activity is compensable by either— (1) an express provision of a written or nonwritten 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 is employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer. (c) For the purposes of subsection (b), an activity shall be considered Compensable activity. as compensable mider such contract provision or such custom or practice only when it is engaged in during the portion of the day with respect to which it is so made compensable. (d) In the application of the minimum wage and overtime compensation provisions of the Fair Labor Standards Act of 1938, as amended, of the Walsh-Healey Act, or of the Bacon-Davis Act, in determining 52 Stat. 1060; 49 Stat. 2036, 1011. 29 U. S. C. §§ 201–219; 41 U. S. C. §§ 35–45; 40 U. S. C. §§ 276a–276a–5. Infra; post, p. 454. the time for which an employer employs an employee with respect to walking, riding, traveling, or other preliminary or postliminary activities described in subsection (a) of this section, there shall be counted all that time, but only that time, during which the employee engages in any such activity which is compensable within the meaning of subsections (b) and (c) of this section.

2. 1996

   Small Business Job Protection Act of 1996

   Pub. L. 104–188 · 110 Stat. 1755

   Inserted · 29 U.S.C. § 254(a)

   Pub. L. 104–188 in closing provisions inserted at end “For purposes of this subsection, the use of an employer’s vehicle for travel by an employee and activities performed by an employee which are incidental to the use of such vehicle for commuting shall not be considered part of the employee’s principal activities if the use of such vehicle for travel is within the normal commuting area for the employer’s business or establishment and the use of the employer’s vehicle is subject to an agreement on the part of the employer and the employee or representative of such employee.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–188 in closing provisions inserted at end “For purposes of this subsection, the use of an employer’s vehicle for travel by an employee and activities performed by an employee which are incidental to the use of such vehicle for commuting shall not be considered part of the employee’s principal activities if the use of such vehicle for travel is within the normal commuting area for the employer’s business or establishment and the use of the employer’s vehicle is subject to an agreement on the part of the employer and the employee or representative of such employee.”

   Effective date note
   Pub. L. 104–188, [title II], § 2103, Aug. 20, 1996, 110 Stat. 1928, provided that: “The amendment made by section 2101 [probably means section 2102 of Pub. L. 104–188, amending this section] shall take effect on the date of the enactment of this Act [Aug. 20, 1996] and shall apply in determining the application of section 4 of the Portal-to-Portal Act of 1947 [this section] to an employee in any civil action brought before such date of enactment but pending on such date.”

1 of 2 references resolved to an enrolled provision · 1 partial