§ 259. — Reliance in future on 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: 29USC259]
TITLE 29--LABOR
CHAPTER 9--PORTAL-TO-PORTAL PAY
Sec. 259. Reliance in future on administrative rulings, etc.
(a) In any action or proceeding based on any act or omission on or
after 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 written administrative
regulation, order, ruling, approval, or interpretation, of the agency of
the United States specified in subsection (b) of this section, or any
administrative practice or enforcement policy of 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enforcement policy is modified or rescinded or is determined by judicial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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(b) The agency referred to in subsection (a) of this section shall
be--
(1) in the case of the Fair Labor Standards Act of 1938, as
amended [29 U.S.C. 201 et seq.]--the Administrator of the Wage and
Hour Division of the Department of Labor;
(2) in the case of the Walsh-Healey Act [41 U.S.C. 35 et seq.]--
the Secretary of Labor, or any Federal officer utilized by him in
the administration of such Act; and
(3) in the case of the Bacon-Davis Act \1\--the Secretary of
Labor.
(May 14, 1947, ch. 52, Sec. 10, 61 Stat. 89.)
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.
Transfer of Functions
Functions relating to enforcement and administration of equal pay
provisions vested by subsec. (b)(1) of this section in Administrator of
Wage and Hour Division of Department of Labor transferred to Equal
Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, Sec. 1,
43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5,
Government Organization and Employees, effective Jan. 1, 1979, as
provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.
1053.
For transfer of functions of other officers, employees, and agencies
of Department of Labor, with certain exceptions, to Secretary of Labor,
with power to delegate, see Reorg. Plan No. 6, of 1950, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.
Section Referred to in Other Sections
This section is referred to in section 626 of this title.
