§257 — Title 29 Labor | U.S. Code

Summary

It applies the same filing time limit used for these labor cases to any person who was not named as a plaintiff in a group or representative lawsuit under the Fair Labor Standards Act that began before May 14, 1947, if they were not named before 120 days after May 14, 1947. Their claim is treated as started only when their written consent to join is filed in the court where the lawsuit was brought.

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.

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.

§257 Pending Collective and Representative Actions

Summary

Title 29, §257

Notes & Related Subsidiaries

Editorial Notes

References in Text

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