§ 255. — Statute of limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC255]
TITLE 29--LABOR
CHAPTER 9--PORTAL-TO-PORTAL PAY
Sec. 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\--
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\1\ See References in Text note below.
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(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.
(May 14, 1947, ch. 52, Sec. 6, 61 Stat. 87; Pub. L. 89-601, title VI,
Sec. 601(b), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93-259,
Sec. 6(d)(2)(A), Apr. 8, 1974, 88 Stat. 61.)
References in Text
The Fair Labor Standards Act of 1938, as amended, referred to in
subsecs. (a) and (d), 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.
Effective date of the Fair Labor Standards Amendments of 1974,
referred to in subsec. (d), means May 1, 1974, except as otherwise
specifically provided, under provisions of section 29(a) of Pub. L. 93-
259, set out as an Effective Date of 1974 Amendment note under section
202 of this title.
Amendments
1974--Subsec. (d). Pub. L. 93-259 added subsec. (d).
1966--Subsec. (a). Pub. L. 89-601 inserted provision allowing causes
of action arising out of willful violations to be commenced within three
years after the cause of action accrued.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-259 effective May 1, 1974, see section 29(a)
of Pub. L. 93-259, set out as a note under section 202 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-601 effective Feb. 1, 1967, except as
otherwise provided, see section 602 of Pub. L. 89-601, set out as a note
under section 203 of this title.
Rules, Regulations, and Orders Promulgated With Regard to 1966
Amendments
Secretary authorized to promulgate necessary rules, regulations, or
orders on and after the date of the enactment of Pub. L. 89-601, Sept.
23, 1966, with regard to the amendments made by Pub. L. 89-601, see
section 602 of Pub. L. 89-601, set out as a note under section 203 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 216, 217, 256, 257, 262 of
this title.
