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29 U.S.C. § 253Compromise and waiver

submitted 79 years ago by ch. 52 to r/title-29-LABOR · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

Old wage claims under three 1938-era labor laws can be settled if there's a real dispute over how much is owed. Workers can also give up their right to extra damages for work done before May 14, 1947. Any such deal is final and blocks future lawsuits over the same claim.

(a) Compromise of certain existing claims under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act; limitations — Any claim under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act that came into existence before May 14, 1947 — or any lawsuit to enforce that claim, whether filed before, on, or after that date — can now be settled in whole or in part, if there's a genuine dispute over how much the employer owes the employee. But no settlement can be based on paying less than the legal minimum hourly wage, or less than one-and-a-half times that minimum wage for overtime. (b) Waiver of liquidated damages under Fair Labor Standards Act of 1938 — An employee can now waive their right to liquidated (extra) damages under the Fair Labor Standards Act, in whole or in part, for activities that happened before May 14, 1947. (c) Satisfaction — As long as there's no fraud or duress, a settlement or waiver under this section fully and completely satisfies the claim it covers, and completely bars any future lawsuit based on that same claim. (d) Retroactive effect of section — This section also applies to any settlement or waiver that was already made before this section existed. (e) "Compromise" defined — In this section, "compromise" includes "adjustment," "settlement," and "release."
the actual law source: uscode.house.gov ↗public domain
(a) Compromise of certain existing claims under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act; limitations

Any cause of action 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 which accrued prior to May 14, 1947, or any action (whether instituted prior to or on or after May 14, 1947) to enforce such a cause of action, may hereafter be compromised in whole or in part, if there exists a bona fide dispute as to the amount payable by the employer to his employee; except that no such action or cause of action may be so compromised to the extent that such compromise is based on an hourly wage rate less than the minimum required under such Act, or on a payment for overtime at a rate less than one and one-half times such minimum hourly wage rate.

(b) Waiver of liquidated damages under Fair Labor Standards Act of 1938

Any employee may hereafter waive his right under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], to liquidated damages, in whole or in part, with respect to activities engaged in prior to May 14, 1947.

(c) Satisfaction

Any such compromise or waiver, in the absence of fraud or duress, shall, according to the terms thereof, be a complete satisfaction of such cause of action and a complete bar to any action based on such cause of action.

(d) Retroactive effect of section

The provisions of this section shall also be applicable to any compromise or waiver heretofore so made or given.

(e) “Compromise” defined

As used in this section, the term “compromise” includes “adjustment”, “settlement”, and “release”.

Source credit: (May 14, 1947, ch. 52, § 3, 61 Stat. 86.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of May 14, 1947, ch. 52 · 61 Stat. 86

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

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