Title 29LaborRelease 119-73

§257 Pending collective and representative actions

Title 29 › Chapter CHAPTER 9— - PORTAL-TO-PORTAL PAY › § 257

Last updated Apr 6, 2026|Official source

Summary

Group FLSA suits begun before May 14, 1947 follow the same time limit. If someone wasn't named within 120 days after that date, their claim begins only when their written consent is filed in court.

Full Legal Text

Title 29, §257

Labor — Source: USLM XML via OLRC

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 May 14, 1947 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 May 14, 1947. 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

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, 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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 257

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73