29 U.S.C. § 255 | Statute of limitations

May 14, 194729 U.S.C. 201 1

1 See References in Text note below.

Any action commenced on or after , 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 [ et seq.], the Walsh-Healey Act, or the Bacon-Davis Act  —

(a)

May 14, 1947 if the cause of action accrues on or after —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)

May 14, 1947 if the cause of action accrued prior to —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), every such action shall be forever barred unless commenced within the shorter of such two periods;

(c)

May 14, 1947May 14, 1947 if the cause of action accrued prior to , the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after unless at the time commenced it is barred by an applicable State statute of limitations;

(d)

section 216(b) of this titleApril 18, 1973 with respect to any cause of action brought under against a State or a political subdivision of a State in a district court of the United States on or before , 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, § 6 61 Stat. 87 Pub. L. 89–601, title VI, § 601(b)Sept. 23, 196680 Stat. 844 Pub. L. 93–259, § 6(d)(2)(A)Apr. 8, 197488 Stat. 61(, ; , , ; , , .)

Editorial Notes

References in Text

act June 25, 1938, ch. 676 52 Stat. 1060 section 201 of this titleThe Fair Labor Standards Act of 1938, as amended, referred to in text, is , , which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

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

May 1, 1974section 29(a) of Pub. L. 93–259 section 202 of this titleThe effective date of the Fair Labor Standards Amendments of 1974, referred to in subsec. (d), means , except as otherwise specifically provided, under provisions of , set out as an Effective Date of 1974 Amendment note under .

Amendments

Pub. L. 93–2591974—Subsec. (d). added subsec. (d).

Pub. L. 89–6011966—Subsec. (a). inserted provision allowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued.

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–259May 1, 1974section 29(a) of Pub. L. 93–259 section 202 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1966 Amendment

Pub. L. 89–601Feb. 1, 1967section 602 of Pub. L. 89–601 section 203 of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Rules, Regulations, and Orders Promulgated With Regard to 1966 Amendments

Pub. L. 89–601Sept. 23, 1966Pub. L. 89–601 section 602 of Pub. L. 89–601 section 203 of this titleSecretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of , , with regard to the amendments made by , see , set out as a note under .