29 U.S.C. § 259 | Reliance in future on administrative rulings, etc.

(a)

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

1 See References in Text note below.

In any action or proceeding based on any act or omission on or after , 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 [ et seq.], the Walsh-Healey Act, or the Bacon-Davis Act, 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

(b)

The agency referred to in subsection (a) shall be—

(1)

29 U.S.C. 201 in the case of the Fair Labor Standards Act of 1938, as amended [ et seq.]—the Administrator of the Wage and Hour Division of the Department of Labor;

(2)

in the case of the Walsh-Healey Act—the Secretary of Labor, or any Federal officer utilized by him in the administration of such Act; and

(3)

¹ in the case of the Bacon-Davis Act —the Secretary of Labor.

May 14, 1947, ch. 52, § 10 61 Stat. 89(, .)

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 .

Executive Documents

Transfer of Functions

92 Stat. 3781Jan. 1, 1979Dec. 28, 1978Functions 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, § 1, 43 F.R. 19807, , set out in the Appendix to Title 5, Government Organization and Employees, effective , as provided by section 1–101 of Ex. Ord. No. 12106, , 44 F.R. 1053.

64 Stat. 1263For 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, §§ 1, 2, 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.