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Title 29 — Labor

Chapter 9 — Portal-to-Portal Pay

§ 257. Pending collective and representative actions

Statutory text

The statute of limitations prescribed in section 255(b) of this title shall also be applicable (in the case of a collective or representative action commenced prior to 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 . 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 action was brought.

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. Portal-to-Portal Act of 1947

    Pub. L. 80–52 § 8 · 61 Stat. 84

    Enacted · 29 U.S.C. § 257

    (May 14, 1947, ch. 52, § 8, 61 Stat. 88.)

    Source evidence

    Code source credit
    (May 14, 1947, ch. 52, § 8, 61 Stat. 88.)

    Enacted provision · exact public law section
    Sec. 8. Pending Collective and Representative Actions.— The statute of limitations prescribed in section 6 (b) shall also be applicable (in the case of a collective or representative action commenced prior to the date of the enactment of this Act under the Fair Labor 52 Stat. 1060. 29 U. S. C. §§ 201–219. Ante, p. 87. Standards Act of 1938, as amended) 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 the date of the enactment of this Act. 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 action was brought.

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, as amended, 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.

Credits

(May 14, 1947, ch. 52, § 8, 61 Stat. 88.)

Parsed from the official OLRC USLM XML in data/usc_all/usc29.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t29/s257