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U.S. Code as of:
01/19/04
Section 255. Statute of limitations
Any action commenced on or after May 14, 1947, to enforce any
cause of action for 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) -
(a) if the cause of action accrues on or after May 14, 1947 -
may be commenced within two years after the cause of action
accrued, and every such action shall be forever barred unless
commenced within two years after the cause of action accrued,
except that a cause of action arising out of a willful violation
may be commenced within three years after the cause of action
accrued;
(b) if the cause of action accrued prior to May 14, 1947 - may
be commenced within whichever of the following periods is the
shorter: (1) two years after the cause of action accrued, or (2)
the period prescribed by the applicable State statute of
limitations; and, except as provided in paragraph (c) of this
section, every such action shall be forever barred unless
commenced within the shorter of such two periods;
(c) if the cause of action accrued prior to May 14, 1947, the
action shall not be barred by paragraph (b) of this section if it
is commenced within one hundred and twenty days after May 14,
1947 unless at the time commenced it is barred by an applicable
State statute of limitations;
(d) with respect to any cause of action brought under section
216(b) of this title against a State or a political subdivision
of a State in a district court of the United States on or before
April 18, 1973, the running of the statutory periods of
limitation shall be deemed suspended during the period beginning
with the commencement of any such action and ending one hundred
and eighty days after the effective date of the Fair Labor
Standards Amendments of 1974, except that such suspension shall
not be applicable if in such action judgment has been entered for
the defendant on the grounds other than State immunity from
Federal jurisdiction.
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