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29 U.S.C. § 255Statute of limitations

submitted 79 years ago by ch. 52 to r/title-29-LABOR · 349 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets deadlines for suing over unpaid wages or overtime under federal labor laws. Most claims must be filed within two years, or three years if the violation was willful. Special, shorter deadlines applied to claims that arose before May 14, 1947.

This section applies to any lawsuit filed on or after May 14, 1947 to recover unpaid minimum wages, unpaid overtime pay, or liquidated damages under the Fair Labor Standards Act, the Walsh-Healey Act, or the Bacon-Davis Act. (a) If the underlying claim arose on or after May 14, 1947: the lawsuit must be filed within two years of when the claim arose, or it is barred forever — except that if the violation was willful, the deadline is three years instead. (b) If the claim arose before May 14, 1947: the lawsuit must be filed within whichever is shorter — (1) two years after the claim arose, or (2) the deadline set by the relevant state's statute of limitations. Except as allowed in (c), missing this shorter deadline bars the claim forever. (c) Even if barred under (b), a pre-1947 claim can still be filed if it is brought within 120 days after May 14, 1947 — unless a state statute of limitations already barred it by the time it was filed. (d) For claims brought under section 216(b) against a state or a local government in federal court on or before April 18, 1973: the clock on the filing deadline stopped running while that lawsuit was pending, and stayed stopped until 180 days after the Fair Labor Standards Amendments of 1974 took effect. This pause does not apply if the court ruled for the defendant on grounds other than state immunity from federal jurisdiction.
the actual law source: uscode.house.gov ↗public domain

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, 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 1 —

(a)

if the cause of action accrues on or after May 14, 1947—may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

(b)

if the cause of action accrued prior to May 14, 1947—may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods;

(c)

if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after May 14, 1947 unless at the time commenced it is barred by an applicable State statute of limitations;

(d)

with respect to any cause of action brought under section 216(b) of this title against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judgment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.

Source credit: (May 14, 1947, ch. 52, § 6, 61 Stat. 87; Pub. L. 89–601, title VI, § 601(b), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93–259, § 6(d)(2)(A), Apr. 8, 1974, 88 Stat. 61.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of May 14, 1947, ch. 52 · 61 Stat. 87
  • 1966Amended · Pub. L. 89-601 · 80 Stat. 844
  • 1974Amended · Pub. L. 93-259 · 88 Stat. 61

A history note hasn’t been published yet. The record shows enactment by ch. 52 on 1947-05-14.

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