
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC252]

 
                             TITLE 29--LABOR
 
                     CHAPTER 9--PORTAL-TO-PORTAL PAY
 
Sec. 252. Relief from certain existing claims under the Fair 
        Labor Standards Act of 1938, as amended, the Walsh-Healey Act, 
        and the Bacon-Davis Act
        

(a) Liability of employer

    No employer shall be subject to any liability or punishment 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 [40 
U.S.C. 276a et seq.] (in any action or proceeding commenced prior to or 
on or after May 14, 1947), on account of the failure of such employer to 
pay an employee minimum wages, or to pay an employee overtime 
compensation, for or on account of any activity of an employee engaged 
in prior to May 14, 1947, except an activity which was compensable by 
either--
        (1) an express provision of a written or nonwritten contract in 
    effect, at the time of such activity, between such employee, his 
    agent, or collective-bargaining representative and his employer; or
        (2) a custom or practice in effect, at the time of such 
    activity, at the establishment or other place where such employee 
    was employed, covering such activity, not inconsistent with a 
    written or nonwritten contract, in effect at the time of such 
    activity, between such employee, his agent, or collective-bargaining 
    representative and his employer.

(b) Compensable activity

    For the purposes of subsection (a) of this section, an activity 
shall be considered as compensable under such contract provision or such 
custom or practice only when it was engaged in during the portion of the 
day with respect to which it was so made compensable.

(c) Time of employment

    In the application of the minimum wage and overtime compensation 
provisions of the Fair Labor Standards Act of 1938, as amended [29 
U.S.C. 201 et seq.], of the Walsh-Healey Act [41 U.S.C. 35 et seq.], or 
of the Bacon-Davis Act [40 U.S.C. 276a et seq.], in determining the time 
for which an employer employed an employee there shall be counted all 
that time, but only that time, during which the employee engaged in 
activities which were compensable within the meaning of subsections (a) 
and (b) of this section.

(d) Jurisdiction

    No court of the United States, of any State, Territory, or 
possession of the United States, or of the District of Columbia, shall 
have jurisdiction of any action or proceeding, whether instituted prior 
to or on or after May 14, 1947, to enforce liability or impose 
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.], under the Walsh-Healey 
Act [41 U.S.C. 35 et seq.], or under the Bacon-Davis Act [40 U.S.C. 276a 
et seq.], to the extent that such action or proceeding seeks to enforce 
any liability or impose any punishment with respect to an activity which 
was not compensable under subsections (a) and (b) of this section.

(e) Assignment of actions

    No cause of action based on unpaid minimum wages, unpaid overtime 
compensation, or liquidated damages, 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 [40 U.S.C. 276a et seq.], 
which accrued prior to May 14, 1947, or any interest in such cause of 
action, shall hereafter be assignable, in whole or in part, to the 
extent that such cause of action is based on an activity which was not 
compensable within the meaning of subsections (a) and (b) of this 
section.

(May 14, 1947, ch. 52, Sec. 2, 61 Stat. 85.)

                       References in Text

    The Fair Labor Standards Act of 1938, as amended, referred to in 
subsecs. (a), (c) to (e), 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 subsecs. (a), 
(c) to (e), are defined for purposes of this chapter in section 262 of 
this title.
