§ 251. — Congressional findings and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC251]
TITLE 29--LABOR
CHAPTER 9--PORTAL-TO-PORTAL PAY
Sec. 251. Congressional findings and declaration of policy
(a) The Congress finds that the Fair Labor Standards Act of 1938, as
amended [29 U.S.C. 201 et seq.], has been interpreted judicially in
disregard of long-established customs, practices, and contracts between
employers and employees, thereby creating wholly unexpected liabilities,
immense in amount and retroactive in operation, upon employers with the
results that, if said Act as so interpreted or claims arising under such
interpretations were permitted to stand, (1) the payment of such
liabilities would bring about financial ruin of many employers and
seriously impair the capital resources of many others, thereby resulting
in the reduction of industrial operations, halting of expansion and
development, curtailing employment, and the earning power of employees;
(2) the credit of many employers would be seriously impaired; (3) there
would be created both an extended and continuous uncertainty on the part
of industry, both employer and employee, as to the financial condition
of productive establishments and a gross inequality of competitive
conditions between employers and between industries; (4) employees would
receive windfall payments, including liquidated damages, of sums for
activities performed by them without any expectation of reward beyond
that included in their agreed rates of pay; (5) there would occur the
promotion of increasing demands for payment to employees for engaging in
activities no compensation for which had been contemplated by either the
employer or employee at the time they were engaged in; (6) voluntary
collective bargaining would be interfered with and industrial disputes
between employees and employers and between employees and employees
would be created; (7) the courts of the country would be burdened with
excessive and needless litigation and champertous practices would be
encouraged; (8) the Public Treasury would be deprived of large sums of
revenues and public finances would be seriously deranged by claims
against the Public Treasury for refunds of taxes already paid; (9) the
cost to the Government of goods and services heretofore and hereafter
purchased by its various departments and agencies would be unreasonably
increased and the Public Treasury would be seriously affected by
consequent increased cost of war contracts; and (10) serious and adverse
effects upon the revenues of Federal, State, and local governments would
occur.
The Congress further finds that all of the foregoing constitutes a
substantial burden on commerce and a substantial obstruction to the free
flow of goods in commerce.
The Congress, therefore, further finds and declares that it is in
the national public interest and for the general welfare, essential to
national defense, and necessary to aid, protect, and foster commerce,
that this chapter be enacted.
The Congress further finds that the varying and extended periods of
time for which, under the laws of the several States, potential
retroactive liability may be imposed upon employers, have given and will
give rise to great difficulties in the sound and orderly conduct of
business and industry.
The Congress further finds and declares that all of the results
which have arisen or may arise under the Fair Labor Standards Act of
1938, as amended, as aforesaid, may (except as to liability for
liquidated damages) arise with respect to the Walsh-Healey [41 U.S.C. 35
et seq.] and Bacon-Davis \1\ Acts and that it is, therefore, in the
national public interest and for the general welfare, essential to
national defense, and necessary to aid, protect, and foster commerce,
that this chapter shall apply to the Walsh-Healey Act and the Bacon-
Davis Act. \1\
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\1\ See References in Text note below.
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(b) It is declared to be the policy of the Congress in order to meet
the existing emergency and to correct existing evils (1) to relieve and
protect interstate commerce from practices which burden and obstruct it;
(2) to protect the right of collective bargaining; and (3) to define and
limit the jurisdiction of the courts.
(May 14, 1947, ch. 52, Sec. 1, 61 Stat. 84.)
References in Text
The Fair Labor Standards Act of 1938, as amended, referred to in
subsec. (a), 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.
This chapter, referred to in subsec. (a), was in the original ``this
Act'', meaning act May 14, 1947, ch. 52, 61 Stat. 84, as amended, known
as the Portal-to-Portal Act of 1947, which enacted this chapter and
amended section 216 of this title. For complete classification of this
Act to the Code, see Short Title note set out below and Tables.
The Walsh-Healey and Bacon-Davis Acts, referred to in subsec. (a),
are defined for purposes of this chapter in section 262 of this title.
Short Title of 1996 Amendment
Pub. L. 104-188, [title II], Sec. 2101, Aug. 20, 1996, 110 Stat.
1928, provided that: ``This section and sections 2102 [amending section
254 of this title] and 2103 [enacting provisions set out as a note under
section 254 of this title] may be cited as the `Employee Commuting
Flexibility Act of 1996'.''
Short Title
Section 15 of act May 14, 1947, provided that: ``This Act [enacting
this chapter and amending section 216 of this title] may be cited as the
`Portal-to-Portal Act of 1947'.''
Separability
Section 14 of act May 14, 1947, provided: ``If any provision of this
Act [see Short Title note above] or the application of such provision to
any person or circumstance is held invalid, the remainder of this Act
and the application of such provision to other persons or circumstances
shall not be affected thereby.''
