Title 29 — Labor
Chapter 9 — Portal-to-Portal Pay
§ 261. Applicability of “area of production” regulations
Statutory text
No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], 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 an activity engaged in by such employee prior to , if such employer—
was not so subject by reason of the definition of an “area of production”, by a regulation of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or
would not have been so subject if the regulation signed on (Federal Register, Vol. 11, p. 14648) had been in force on and after .
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 § 12 · 61 Stat. 84
Enacted · 29 U.S.C. § 261
(May 14, 1947, ch. 52, § 12, 61 Stat. 89.)
Source evidence
Code source credit
(May 14, 1947, ch. 52, § 12, 61 Stat. 89.)Enacted provision · exact public law section
Sec. 12. Applicability of “Area of Production” Regulations.— No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, on account of the Supra. failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation for or on account of an activity engaged in by such employee prior to December 26, 1946, if such employer— (1) was not so subject by reason of the definition of an “area of production”, by a regulation of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or (2) would not have been so subject if the regulation signed on December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been in force on and after October 24, 1938.
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.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
(May 14, 1947, ch. 52, § 12, 61 Stat. 89.)