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29 U.S.C. § 256Determination of commencement of future actions

submitted 79 years ago by ch. 52 to r/title-29-LABOR · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines when a wage lawsuit under section 255 officially "starts." Normally, an action starts on the day the complaint is filed. For a group or class lawsuit, each person's claim starts differently depending on when they consent.

For an action commenced on or after May 14, 1947 under the Fair Labor Standards Act, the Walsh-Healey Act, or the Bacon-Davis Act, the action is generally considered to start on the date the complaint is filed. But for a collective or class action under the Fair Labor Standards Act or the Bacon-Davis Act, each individual claimant's case starts on a different date: (a) if the claimant is specifically named as a party plaintiff in the complaint, and their written consent to join as a plaintiff is filed the same day in the court where the case is brought — the case starts on the date the complaint is filed; (b) if that written consent was not filed then, or the claimant's name was not in the complaint — the case starts on the later date when the claimant's written consent is actually filed in that court.
the actual law source: uscode.house.gov ↗public domain

In determining when an action is commenced for the purposes of section 255 of this title, an action commenced on or after May 14, 1947 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 shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act,1 it shall be considered to be commenced in the case of any individual claimant—

(a)

on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or

(b)

if such written consent was not so filed or if his name did not so appear—on the subsequent date on which such written consent is filed in the court in which the action was commenced.

Source credit: (May 14, 1947, ch. 52, § 7, 61 Stat. 88.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of May 14, 1947, ch. 52 · 61 Stat. 88

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

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