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Page:United States Statutes at Large Volume 61 Part 1.djvu/111

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80TrH CONG. , 1 ST SESS.-CH. 52 -MAY 14, 1947 (1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and (2) activities which are preliminary to or postliminary to said principal activity or activities, which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities. (b) Notwithstanding the provisions of subsection (a) which relieve an employer from liability and punishment with respect to an activity, the employer shall not be so relieved if such activity is 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 is employed, covering such activity, not inconsistent with a written or non- written contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer. (c) For the purposes of subsection (b), an activity shall be con- sidered as compensable under such contract provision or such custom or practice only when it is engaged in during the portion of the day with respect to which it is so made compensable. (d) 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 employs an employee with respect to walking, riding, traveling, or other preliminary or postliminary activi- ties described in subsection (a) of this section, there shall be counted all that time, but only that time, during which the employee engages in any such activity which is compensable within the meaning of sub- sections (b) and (c) of this section. PART IV MISCELLANEOUS SEC. 5 . REPRESENTATIVE ACTIONS BANNED.- (a) The second sentence of section 16 (b) of the Fair Labor Stand- ards Act of 1938, as amended is amended to read as follows: "Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought." (b) The amendment made by subsection (a) of this section shall be applicable only with respect to actions commenced under the Fair Labor Standards Act of 1938, as amended, on or after the date of the enactment of this Act. SEC. 6 . STATUTE OF LIMrrATIONS.- Any action commenced on or after the date of the enactment of this Act to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or 87 Restrictioa. Compensable activ- ity. 52 Stat. 1060; 49 Stat. 2036,1011 . 29 U. . c. §C201- 219;41U.S.C.535- 45; 40 U.S. C . §276ia- 276a-5 . Infra; post, p. 454. 52 Stit. 1069. 29 U. S . C. §216(b). 52 Stat. 1060. 29U.S.C.§j201- 219. 61 STAT.]