§ 255. Statute of limitations

Statutory text

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 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 —

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;

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;

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;

with respect to any cause of action brought under section 216(b) of this title against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension 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.

Footnotes

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.

1947
Portal-to-Portal Act of 1947
Pub. L. 80–52 § 6 · 61 Stat. 84
Enacted · 29 U.S.C. § 255
May 14, 1947, ch. 52, § 6, 61 Stat. 87
Source evidence
Code source credit
May 14, 1947, ch. 52, § 6, 61 Stat. 87
Enacted provision · exact public law section
Sec. 6. Statute of Limitations.— Any action commenced on or after the date of the enactment of this Act to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, 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. Ante, p. 87; post, p. 454. as amended, the Walsh-Healey Act, or the Bacon-Davis Act— (a) if the cause of action accrues on or after the date of the enactment of this Act—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; (b) if the cause of action accrued prior to the date of the enactment of this Act—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 the date of the enactment of this Act, the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after the date of the enactment of this Act unless at the time commenced it is barred by an applicable State statute of limitations.
1966
Fair Labor Standards Amendments of 1966
Pub. L. 89–601 title VI § 601(b) · 80 Stat. 830
Inserted · 29 U.S.C. § 255(a)
Pub. L. 89–601 inserted provision allowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–601 inserted provision allowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued.
Enacted provision · exact public law section
(b) Section 6(a) of the Portal-to-Portal Act of 1947 (Public Law 61 Stat. 87. 29 USC 255. 49, Eightieth Congress) is amended by inserting before the semicolon at the end thereof the following: “, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued”.
1974
Pub. L. 93–259 § 6(d)(2)(A) · [88 Stat. 55]
Added · 29 U.S.C. § 255(d)
Pub. L. 93–259 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–259 added subsec. (d).
Enacted provision · exact public law section
(A) Section 6 of the Portal-to-Portal Pay Act of 1947 is Statute of limitation, suspension. 29 USC 255. amended by striking out the period at the end of paragraph (c) and by inserting in lieu thereof a semicolon and by adding after such paragraph the following: “(d) with respect to any cause of action brought under section 16(b) of the Fair Labor Standards Act of 1938 against a State Supra. or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judg-ment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.”.
Effective date note
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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, as amended, referred 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 section 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.

Amendments1966–1974 · 2 rounds

1974

Subsec. (d). Pub. L. 93–259 added subsec. (d).

1966

Subsec. (a). Pub. L. 89–601 inserted provision allowing 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 enactment 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.

Credits

1947–1974 · 3 acts

1947May 14, 1947, ch. 52, § 6, 61 Stat. 87
1966Pub. L. 89–601, title VI, § 601(b), Sept. 23, 1966, 80 Stat. 844
1974Pub. L. 93–259, § 6(d)(2)(A), Apr. 8, 1974, 88 Stat. 61.

Show as published

(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.)