29 U.S.C. § 256 : US Code - Section 256: Determination of commencement of future actions

Search 29 U.S.C. § 256 : US Code - Section 256: Determination of commencement of future actions

In determining when an action is commenced for the purposes of
section 255 of this title, an action commenced on or after May 14,
1947 under the Fair Labor Standards Act of 1938, as amended [29
U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.],
or the Bacon-Davis Act,(!1) shall be considered to be commenced on
the date when the complaint is filed; except that in the case of a
collective or class action instituted under the Fair Labor
Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall
be considered to be commenced in the case of any individual
claimant -
(a) on the date when the complaint is filed, if he is
specifically named as a party plaintiff in the complaint and his
written consent to become a party plaintiff is filed on such date
in the court in which the action is brought; or
(b) if such written consent was not so filed or if his name did
not so appear - on the subsequent date on which such written
consent is filed in the court in which the action was commenced.