§ 261. — Applicability of "area of production" regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC261]
TITLE 29--LABOR
CHAPTER 9--PORTAL-TO-PORTAL PAY
Sec. 261. Applicability of ``area of production'' regulations
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.
(May 14, 1947, ch. 52, Sec. 12, 61 Stat. 89.)
References in Text
The Fair Labor Standards Act of 1938, as amended, referred to in
text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is
classified generally to chapter 8 (Sec. 201 et seq.) of this title. For
complete classification of this Act to the Code, see section 201 of this
title and Tables.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Labor, with certain exceptions, to Secretary of Labor,
with power to delegate, see Reorg. Plan No. 6, of 1950, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
Organization and Employees.
