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Page:United States Statutes at Large Volume 61 Part 1.djvu/109

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SOTH CONG. , 1ST SESS.-CH. 52 - -MAY 14, 1947 The Congress, therefore, further finds and declares that it is in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this Act be enacted. The Congress further finds that the varying and extended periods of time for which, under the laws of the several States, potential retroactive liability may be imposed upon employers, have given and will give rise to great difficulties in the sound and orderly conduct of business and industry. The Congress further finds and declares that all of the results which have arisen or may arise under the Fair Labor Standards Act of 1938, as amended, as aforesaid, may (except as to liability for liquidated damages) arise with respect to the Walsh-Healey and Bacon-Davis Acts and that it is, therefore, in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this Act shall apply to the Walsh- Healey Act and the Bacon-Davis Act. (b) It is hereby declared to be the policy of the Congress in order to meet the existing emergency and to correct existing evils (1) to relieve and protect interstate commerce from practices which burden and obstruct it; (2) to protect the right of collective bargaining; and (3) to define and limit the jurisdiction of the courts. PART II EXISTING CLAIMS SEC. 2 . RELIEF FROM CERTAIN EXISTING CLAIMS UNDER TIHE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED, THE W7ALSH-HEALEY ACT, AND THE BACON-DAVIS ACT.- (a) No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, the Walsh- Healey Act, or the Bacon-Davis Act (in any action or proceeding commenced prior to or on or after the date of the enactment of this Act), 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 the date of the enactment of this Act, 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 repre- sentative and his employer. (b) For the purposes of subsection (a), an activity shall be con- sidered 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) In the application of the minimum wage and overtime compen- sation provisions of the Fair Labor Standards Act of 1938, as amended, of the Walsh-Healey Act, or of the Bacon-Davis Act, 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. 52 Stat. 1060 . 29U.S.C.§§201- 219. Post,p. 87. 49 Stat. 2036, 1011. 41U.S.C.§§3-45; 40U. .C.§§276a- 276a-5. Post, p. 454. Policy of Congress. Infra. 52 Stat. 1060; 49 Stat. 2036, 1011. 29U.S. . §. 201- 219;41U.S.C.§§:5- 45; 40U.S. C. §§276a- 276a-5 . Post, pp . S7, 454. Compensable activ- ity. Determination of compensable time. 52 Stat. 1060; 49 Stat. 2036, 1011. 29 U.S. C.. 201 - 219; 41 U. S. C. S§35- 45; 40 U.S. C. 1.276a- 276a-6. Post, pp 87, 454. 61 STATr. 85