80TH CONG., 1ST SESS.-CH. 52 - -MAY 14, 1947 class of employers to which he belonged. Such a defense, if estab- lished, 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modif ed or rescinded or is determined by judicial authority to be invalid or of no legal effect. SEC. 10. RELIANCE IN FUTURE ON ADMINISTRATIVE RULINGS, ETC. - (a) In any action or proceeding based on any act or omission on or after the date of the enactment of this Act, 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, the Walsh- Healey Act, or the Bacon-Davis Act, 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 speci- fied 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such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.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-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-the Secretary of Labor. SEC. 11 . LIQUIDATED DAMAGES. -In any action commenced prior to or on or after the date of the enactment of this Act to recover unpaid minimum wages, unpaid overtime compensation, or liquidated dam- ages, under the Fair Labor Standards Act of 1938, as amended, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 16 (b) of such Act. SEC. 12 . APPLICABILITY OF "AREA OF PRODUCTION" REGULATIONS.- No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, 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 an activity engaged in by such employee prior to December 26, 1946, if such employer- (1) was not so subject by reason of the definition of an "area of production", by a regulation of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or (2) would not have been so subject if the regulation signed on December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been in force on and after October 24, 1938. Infra. 52 Stat. 1060 . 29U..c. §C201- 219. Ante, p. 87. 49 Stat. 2036. 41 U.S . C. §35-45. 49 Stat. 1011. 40 U.s . C.C. 276ia 276a-5. Post, 1p.454. 52 Stat. lOf. 20U.8.('. §5 a» 210. Ante, p. 87. 52 Stat. 1069. 29U.S .C . 216(b). Ante, p. 87. Supra. 89 61 STAT. ]
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