§ 259. Reliance in future on administrative rulings, etc.
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/usc/title-29/section-259A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In any action or proceeding based on any act or omission on or after May 14, 1947, 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 [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,1 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.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)in the case of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 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)in the case of the Bacon-Davis Act 1—the Secretary of Labor.
(May 14, 1947, ch. 52, § 10, 61 Stat. 89.)
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- 1
- May 14, 1947, ch. 52, § 10
- 61 Stat. 89
- act June 25, 1938, ch. 676
- 52 Stat. 1060
- 92 Stat. 3781
- 64 Stat. 1263
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§ 259
Reliance in future on administrative rulings, etc.
Fed. Reg.×25
C.F.R.×5
Stat.×2
U.S.C.×2
Stat. Comp.×1
Cite1
ActMay 14, 1947, ch. 52, § 10
Stat.61 Stat. 89
Actact June 25, 1938, ch. 676
Stat.52 Stat. 1060
Cites 9 · showing 7Cited by 35 across 5 sources