§ 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.