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U.S. Code as of:
01/19/04
Section 252. Relief from certain existing claims under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, and the Bacon-Davis Act
(a) Liability of employer
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.] the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the
Bacon-Davis Act (!1) (in any action or proceeding commenced prior
to or on or after May 14, 1947), 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 any activity of an
employee engaged in prior to May 14, 1947, except an activity which
was compensable by either -
(1) an express provision of a written or nonwritten contract in
effect, at the time of such activity, between such employee, his
agent, or collective-bargaining representative and his employer;
or
(2) a custom or practice in effect, at the time of such
activity, at the establishment or other place where such employee
was employed, covering such activity, not inconsistent with a
written or nonwritten contract, in effect at the time of such
activity, between such employee, his agent, or
collective-bargaining representative and his employer.
(b) Compensable activity
For the purposes of subsection (a) of this section, an activity
shall be considered as compensable under such contract provision or
such custom or practice only when it was engaged in during the
portion of the day with respect to which it was so made
compensable.
(c) Time of employment
In the application of the minimum wage and overtime compensation
provisions of the Fair Labor Standards Act of 1938, as amended [29
U.S.C. 201 et seq.], of the Walsh-Healey Act [41 U.S.C. 35 et
seq.], or of the Bacon-Davis Act,(!1) in determining the time for
which an employer employed an employee there shall be counted all
that time, but only that time, during which the employee engaged in
activities which were compensable within the meaning of subsections
(a) and (b) of this section.
(d) Jurisdiction
No court of the United States, of any State, Territory, or
possession of the United States, or of the District of Columbia,
shall have jurisdiction of any action or proceeding, whether
instituted prior to or on or after May 14, 1947, to enforce
liability or impose 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.], under the Walsh-Healey Act [41 U.S.C. 35 et seq.], or under
the Bacon-Davis Act,(!1) to the extent that such action or
proceeding seeks to enforce any liability or impose any punishment
with respect to an activity which was not compensable under
subsections (a) and (b) of this section.
(e) Assignment of actions
No cause of action based on 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 [41 U.S.C. 35 et seq.], or the Bacon-Davis Act,(!1) which
accrued prior to May 14, 1947, or any interest in such cause of
action, shall hereafter be assignable, in whole or in part, to the
extent that such cause of action is based on an activity which was
not compensable within the meaning of subsections (a) and (b) of
this section.
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