Title 29 — Labor
Chapter 9 — Portal-to-Portal Pay
§ 256. Determination of commencement of future actions
Statutory text
In determining when an action is commenced for the purposes of section 255 of this title, an action commenced on or after 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 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—
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
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.
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.
Portal-to-Portal Act of 1947
Pub. L. 80–52 § 7 · 61 Stat. 84
Enacted · 29 U.S.C. § 256
(May 14, 1947, ch. 52, § 7, 61 Stat. 88.)
Source evidence
Code source credit
(May 14, 1947, ch. 52, § 7, 61 Stat. 88.)Enacted provision · exact public law section
Sec. 7. Determination of Commencement of Future Actions.— In determining when an action is commenced for the purposes of section 6, an action commenced on or after the date of the enactment of this Act under the Fair Labor Standards Act of 1938, as amended, Supra. the Walsh-Healey Act, or the Bacon-Davis Act, 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 52 Stat. 1060; 49 Stat. 2036, 1011. 29 U. S. C. §§ 201–219; 40 U. S. C. §§ 276a–276a–5. Ante, p. 87; post, p. 454. Standards Act of 1938, as amended, or the Bacon-Davis Act, 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.
1 of 1 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.
Credits
(May 14, 1947, ch. 52, § 7, 61 Stat. 88.)