29 U.S.C. § 259 : US Code - Section 259: Reliance in future on administrative rulings, etc.

Search 29 U.S.C. § 259 : US Code - Section 259: Reliance in future on administrative rulings, etc.

(a) In any action or proceeding based on any act or omission on
or after May 14, 1947, 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 [29 U.S.C. 201 et
seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-
Davis Act,(!1) 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 specified 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is modified or rescinded or is determined by judicial authority to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) of this section
shall be -
(1) in the case of the Fair Labor Standards Act of 1938, as
amended [29 U.S.C. 201 et seq.] - the Administrator of the Wage
and Hour Division of the Department of Labor;
(2) in the case of the Walsh-Healey Act [41 U.S.C. 35 et seq.] -
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 (!1) - the Secretary of
Labor.