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U.S. Code as of:
01/19/04
Section 258. Reliance on past administrative rulings, etc.
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 [41 U.S.C.
35 et seq.], 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rescinded or is determined by judicial authority to be invalid or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.
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