
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: 29USC253]

 
                             TITLE 29--LABOR
 
                     CHAPTER 9--PORTAL-TO-PORTAL PAY
 
Sec. 253. Compromise and waiver


(a) Compromise of certain existing claims under the Fair Labor Standards 
        Act of 1938, the Walsh-Healey Act, or the Bacon-Davis Act; 
        limitations

    Any cause of action 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 action (whether instituted prior to or on 
or after May 14, 1947) to enforce such a cause of action, may hereafter 
be compromised in whole or in part, if there exists a bona fide dispute 
as to the amount payable by the employer to his employee; except that no 
such action or cause of action may be so compromised to the extent that 
such compromise is based on an hourly wage rate less than the minimum 
required under such Act, or on a payment for overtime at a rate less 
than one and one-half times such minimum hourly wage rate.

(b) Waiver of liquidated damages under Fair Labor Standards Act of 1938

    Any employee may hereafter waive his right under the Fair Labor 
Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], to liquidated 
damages, in whole or in part, with respect to activities engaged in 
prior to May 14, 1947.

(c) Satisfaction

    Any such compromise or waiver, in the absence of fraud or duress, 
shall, according to the terms thereof, be a complete satisfaction of 
such cause of action and a complete bar to any action based on such 
cause of action.

(d) Retroactive effect of section

    The provisions of this section shall also be applicable to any 
compromise or waiver heretofore so made or given.

(e) ``Compromise'' defined

    As used in this section, the term ``compromise'' includes 
``adjustment'', ``settlement'', and ``release''.

(May 14, 1947, ch. 52, Sec. 3, 61 Stat. 86.)

                       References in Text

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