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Page:United States Statutes at Large Volume 61 Part 1.djvu/110

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86 PUBLIC LAWS-CH. 52-MAY 14, 1947 [61 STAT. Court jurisdiction. (d) 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 the date of the enactment of this Act, 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, under the Walsh- 52stat.i1060; 49Stat. Healey Act, or under the Bacon-Davis Act, to the extent that such 2036, 1011. 29 U. S. . C§201- action or proceeding seeks to enforce any liability or impose any 45; 4ou. sC. . 276a- punishment with respect to an activity which was not compensable pp.8745 under subsections (a) and (b) of this section. Assignability ofdes- (e) No cause of action based on unpaid minimum wages, unpaid ted canses of ac- overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, the Walsh-Healey Act, or the Supra. Bacon-Davis Act, which accrued prior to the date of the enactment of this Act, 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). SEC. 3 . CoMPiromIa OF CERTAIN EXIsTINo CLAIMS UNDER THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED, THE WALSH-HEALEr ACT, Supra. AND THE BACON-DAVIS ACT.- (a) Any cause of action under the Fair Labor Standards Act of Supra. 1938, as amended, the Walsh-Healey Act, or the Bacon-Davis Act, which accrued prior to the date of the enactment of this Act, or any action (whether instituted prior to or on or after the date of the enact- ment of this Act) to enforce such a cause of action, may hereafter be compromised in whole or in part, if there exists a bona fide dispute Exception. 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. Vaiverbyemployee. (b) Any employee may hereafter waive his right under the Fair 52 Statsl.100 Labor Standards Act of 1938, as amended, to liquidated damages, in 219. whole or in part, with respect to activities engaged in prior to the Pos", p. 87. date of the enactment of this Act. (c) 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) The provisions of this section shall also be applicable to any compromise or waiver heretofore so made or given. "Compromise. " (e) As used in this section, the term "compromise" includes "adjust- ment", "settlement", and "release". PART III FuTUTRE CLAIMS SEC. 4. RELrEF FROM CERTAIN FUTURE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED, THE WALSH-HEALEY ACT, hfra. AND THE BACON-DAVIS ACT. - (a) Except as provided in subsection (b), no employer shall be subject to any liability or punishment under the Fair Labor Standards 2 Stat. 1060; 49 at. Act of 1938, as amended, the Walsh-Healey Act, or the Bacon-Davis 20 , 1011. 29U.S. . 1201- Act, on account of the failure of such employer to pay an employee 219;41U.S.C. er 3p- 45;40 . .c. C 276a- minimum wages, or to pay an employee overtime compensation, for or Pa-; 7, on account of any of the following activities of such employee engaged in on or after the date of the enactment of this Act-