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§ 258. —  Reliance on past administrative rulings, etc.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 29USC258]

 
                             TITLE 29--LABOR
 
                     CHAPTER 9--PORTAL-TO-PORTAL PAY
 
Sec. 258. Reliance on past administrative rulings, etc.

    In any action or proceeding commenced prior to or on or after May 
14, 1947 based on any act or omission prior to May 14, 1947, no employer 
shall be subject to any liability or punishment for or on account of the 
failure of the employer to pay minimum wages or overtime compensation 
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\ if he pleads and proves that the act or omission complained of 
was in good faith in conformity with and in reliance on any 
administrative regulation, order, ruling, approval, or interpretation, 
of any agency of the United States, or any administrative practice or 
enforcement policy of any such agency with respect to the class of 
employers to which he belonged. Such a defense, if established, shall be 
a bar to the action or proceeding, notwithstanding that after such act 
or omission, such administrative regulation, order, ruling, approval, 
interpretation, practice, or enforcement policy is modified or rescinded 
or is determined by judicial authority to be invalid or of no legal 
effect.
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    \1\ See References in Text note below.
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(May 14, 1947, ch. 52, Sec. 9, 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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