Title 29, LaborRelease 119-110
§256 Determination of Commencement of Future Actions
Title 29 › CHAPTER 9 — PORTAL-TO-PORTAL PAY › § 256
Summary
Treat lawsuits begun on or after May 14, 1947 under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act as started on the day the complaint is filed. For class or group lawsuits under the FLSA or the Bacon-Davis Act, an individual’s case counts as started on the complaint date only if they are named and their written consent is filed that same day. If not, it counts as started on the later day when their written consent is filed.
Full Legal Text
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, 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, 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.
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, 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.
Reference
Citations & Metadata
Citation
29 U.S.C. § 256
Title 29, Labor
Last Updated
Sep 23, 2026
Release point: 119-110