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§ 256. —  Determination of commencement of future actions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 29USC256]

 
                             TITLE 29--LABOR
 
                     CHAPTER 9--PORTAL-TO-PORTAL PAY
 
Sec. 256. Determination of commencement of future actions

    In determining when an action is commenced for the purposes of 
section 255 of this title, an action commenced on or after May 14, 1947 
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\ shall be considered to be commenced on the date when the 
complaint is filed; except that in the case of a collective or class 
action instituted under the Fair Labor Standards Act of 1938, as 
amended, or the Bacon-Davis Act, it shall be considered to be commenced 
in the case of any individual claimant--
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    \1\ See References in Text note below.
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        (a) on the date when the complaint is filed, if he is 
    specifically named as a party plaintiff in the complaint and his 
    written consent to become a party plaintiff is filed on such date in 
    the court in which the action is brought; or
        (b) if such written consent was not so filed or if his name did 
    not so appear--on the subsequent date on which such written consent 
    is filed in the court in which the action was commenced.

(May 14, 1947, ch. 52, Sec. 7, 61 Stat. 88.)

                       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.
    The Walsh-Healey and Bacon-Davis Acts, referred to in text, are 
defined for purposes of this chapter in section 262 of this title.



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