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Title 29, LaborRelease 119-110

§258 Reliance on Past Administrative Rulings, Etc.

Title 29 › CHAPTER 9 — PORTAL-TO-PORTAL PAY › § 258

Last updated Sep 23, 2026|Official source

Summary

An employer is not liable for failing to pay minimum wages or overtime under the Fair Labor Standards Act of 1938 (as amended), the Walsh-Healey Act, or the Bacon-Davis Act for acts or omissions that happened before May 14, 1947, if a court case about those acts started before, on, or after May 14, 1947, and the employer tells the court and proves they honestly followed and relied on a U.S. agency’s rule, order, approval, interpretation, or usual enforcement practice for employers like them. If the employer proves that defense, it stops the lawsuit, even if the agency later changed or withdrew the rule or a court later said the agency’s action was invalid.

Full Legal Text

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, 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

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. § 258

Title 29, Labor

Last Updated

Sep 23, 2026

Release point: 119-110