Title 29 — Labor
Chapter 9 — Portal-to-Portal Pay
§ 260. Liquidated damages
Statutory text
In any action commenced prior to or on or after to recover 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.], 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 liquidated damages or award any amount thereof not to exceed the amount specified in section 216 of this title.
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 § 11 · 61 Stat. 84
Enacted · 29 U.S.C. § 260
May 14, 1947, ch. 52, § 11, 61 Stat. 89
Source evidence
Code source credit
May 14, 1947, ch. 52, § 11, 61 Stat. 89Enacted provision · exact public law section
Sec. 11. Liquidated Damages.— In any action commenced prior to or on or after the date of the enactment of this Act to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, if the 52 Stat. 1060. 29 U. S. C. §§ 201–219. Ante, p. 87. 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 liquidated damages or award any amount thereof not to exceed the amount specified in section 16 (b) 52 Stat. 1069. 29 U. S. C. § 216 (b). Ante, p. 87. of such Act.Pub. L. 93–259 § 6(d)(2)(B) · [88 Stat. 55]
Substituted · 29 U.S.C. § 260
Pub. L. 93–259 substituted “section 216 of this title” for “section 216(b) of this title”
Source evidence
Code amendment note
Pub. L. 93–259 substituted “section 216 of this title” for “section 216(b) of this title”.Enacted provision · exact public law section
29 USC 260.(B) Section 11 of such Act is amended by striking out “(b)” after “section 16”.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.
2 of 2 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.
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 , see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.
Credits
1947–1974 · 2 acts
- 1947May 14, 1947, ch. 52, § 11, 61 Stat. 89
- 1974Pub. L. 93–259, § 6(d)(2)(B), , 88 Stat. 62.
Show as published
(May 14, 1947, ch. 52, § 11, 61 Stat. 89; Pub. L. 93–259, § 6(d)(2)(B), , 88 Stat. 62.)