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LegalText 29 U.S.C. § 256 Determination of commencement of future actions us united_states_code code_section 29 LABOR 9 PORTAL-TO-PORTAL PAY 256 29 U.S.C. § 256 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip /us/usc/t29/s256 data/legal/raw/us/code/title-29/usc29.xml 46541bb88534392d460b4a3331696b64184e5c3fe1b8e9b86b426d3fd11cee82 123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476 596c5675a674d4651bb4a5bc1d81e5d874ba4befa982afa151edc57e0a57be47 2026-07-04 official
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29 U.S.C. § 256 - Determination of commencement of future actions

Text

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, or the Bacon-Davis Act,11 See References in Text note below. 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,1 it shall be considered to be commenced in the case of any individual claimant—

(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, § 7, 61 Stat. 88.)

Notes

Editorial Notes

References in TextThe Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 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.