§ 253. — Compromise and waiver.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC253]
TITLE 29--LABOR
CHAPTER 9--PORTAL-TO-PORTAL PAY
Sec. 253. Compromise and waiver
(a) Compromise of certain existing claims under the Fair Labor Standards
Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act;
limitations
Any cause of action 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 action (whether instituted prior to or on or after May 14, 1947)
to enforce such a cause of action, may hereafter be compromised in whole
or in part, if there exists a bona fide dispute as to the amount payable
by the employer to his employee; except that no such action or cause of
action may be so compromised to the extent that such compromise is based
on an hourly wage rate less than the minimum required under such Act, or
on a payment for overtime at a rate less than one and one-half times
such minimum hourly wage rate.
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\1\ See References in Text note below.
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(b) Waiver of liquidated damages under Fair Labor Standards Act of 1938
Any employee may hereafter waive his right under the Fair Labor
Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], to liquidated
damages, in whole or in part, with respect to activities engaged in
prior to May 14, 1947.
(c) Satisfaction
Any such compromise or waiver, in the absence of fraud or duress,
shall, according to the terms thereof, be a complete satisfaction of
such cause of action and a complete bar to any action based on such
cause of action.
(d) Retroactive effect of section
The provisions of this section shall also be applicable to any
compromise or waiver heretofore so made or given.
(e) ``Compromise'' defined
As used in this section, the term ``compromise'' includes
``adjustment'', ``settlement'', and ``release''.
(May 14, 1947, ch. 52, Sec. 3, 61 Stat. 86.)
References in Text
The Fair Labor Standards Act of 1938, as amended, referred to in
subsecs. (a) and (b), 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.
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.
