§258 — Title 29 Labor | U.S. Code

Summary

For lawsuits about acts that happened before May 14, 1947 — whether the case started before, on, or after that date — an employer cannot be held responsible or punished for failing to pay minimum wages or overtime under the Fair Labor Standards Act, the Walsh-Healey Act, or the Bacon-Davis Act if the employer proves they honestly followed and relied on a federal agency’s rule, order, approval, written interpretation, or regular enforcement practice that applied to their kind of employer. If the employer shows that defense, it blocks the lawsuit even if the agency later changed the rule or a court later said the agency’s action had no legal effect.

Title 29, §258

Labor — Source: USLM XML via OLRC

In any action or proceeding commenced prior to or on or after May 14, 1947 based on any act or omission prior to May 14, 1947, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation 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. if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any administrative regulation, order, ruling, approval, or interpretation, of any agency of the United States, or any administrative practice or enforcement policy of any such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

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.

§258 Reliance on Past Administrative Rulings, Etc.

Summary

Title 29, §258

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata