29 U.S.C. § 261 — Applicability of “area of production” regulations

submitted 79 years ago by ch. 52 to r/title-29-LABOR · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects employers from liability for unpaid wages before December 26, 1946. It applies to work covered by a since-invalidated federal rule about "area of production." It also applies if a later 1946 regulation, had it applied earlier, would have excused the employer too.

An employer cannot be held liable or punished under the Fair Labor Standards Act for failing to pay minimum wage or overtime for work an employee did before December 26, 1946, if either of two things is true. First, the employer was not covered by the Act at the time because of how the Wage and Hour Division defined "area of production" in a regulation that applied then - even though that regulation later turned out to be invalid. Second, the employer would not have been covered if the regulation signed on December 18, 1946 had instead been in effect starting October 24, 1938.

the actual law source: uscode.house.gov ↗public domain

No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of an activity engaged in by such employee prior to December 26, 1946, if such employer—

(1)

was not so subject by reason of the definition of an “area of production”, by a regulation of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or

(2)

would not have been so subject if the regulation signed on December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been in force on and after October 24, 1938.

Source credit: (May 14, 1947, ch. 52, § 12, 61 Stat. 89.)

history & why it existsrecord from the source credit

1947Enacted · Act of May 14, 1947, ch. 52 · 61 Stat. 89

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

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