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29 U.S.C. § 258Reliance on past administrative rulings, etc.

submitted 79 years ago by ch. 52 to r/title-29-LABOR · 188 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects employers who broke minimum wage or overtime rules before May 14, 1947. An employer is protected if it relied in good faith on an official government ruling. That protection holds even if the ruling is later canceled or found invalid.

This section covers lawsuits filed before or after May 14, 1947, about pay violations that happened before May 14, 1947. An employer cannot be held liable or punished for failing to pay minimum wage or overtime under the Fair Labor Standards Act, the Walsh-Healey Act, or the Bacon-Davis Act, if the employer proves it acted in good faith and relied on an official government regulation, order, ruling, approval, interpretation, or enforcement practice that applied to its type of business at the time. This defense, once proven, fully bars the lawsuit - even if that regulation, ruling, or practice is later changed, canceled, or ruled invalid by a court.
the actual law source: uscode.house.gov ↗public domain

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administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

Source credit: (May 14, 1947, ch. 52, § 9, 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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