§256 — Title 29 Labor | U.S. Code

Summary

When figuring out when a lawsuit starts for section 255, any case filed on or after May 14, 1947 under the Fair Labor Standards Act of 1938, the Walsh‑Healey Act, or the Bacon‑Davis Act is treated as starting on the day the complaint is filed. For class or collective suits under the Fair Labor Standards Act or the Bacon‑Davis Act, an individual’s case starts on that day only if they are named as a plaintiff and their written consent to join is filed in that court the same day. If they were not named or their consent was not filed then, their case starts on the later date when their written consent is filed in that court.

Title 29, §256

Labor — Source: USLM XML via OLRC

In determining when an action is commenced for the purposes of section 255 of this title, an action commenced on or after May 14, 1947 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,11 See References in Text note below. 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—

(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.

Notes & Related Subsidiaries

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.

§256 Determination of commencement of future actions

Summary

Title 29, §256

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata