(a) The Portal Act 128 provides a statute of limitations fixing the time limits within which actions by employees under section 16(b) of the Fair Labor Standards Act 129 may be commenced, as follows:
128 See sections 6-8
inclusive.
129 Sponsors of the
legislation stated that the time limitations prescribed therein apply only to
the statutory actions, brought under the special authority contained in section
16(b), in which liquidated damages may be recovered, and do not purport to
affect the usual application of State statutes of limitation to other actions
brought by employees to recover wages due them under contract, at common law
or under State statutes. Statements of Representative Gwynne, 93 Cong. Rec
1491, 1557-1588; colloquy between Representative Robsion, Vorys, and Celler, 93
Cong. Rec. 1495.
(1) Actions to
enforce causes of action accruing on or after May 14, 1947; two
years.
(2) Actions to enforce
causes of action accruing before May 14, 1947. 130
Two years or period prescribed by applicable State statute of limitations
whichever is shorter
130 This refers to actions
commenced after September 11, 1947. Such actions commenced on or between May
14, 1947 and September 11, 1947 were left subject to State statutes of
limitations. As to collective and representatives actions commenced before May
14, 1947, section 8 of the Portal Act makes the period of limitations stated in
the text applicable to the filing, by certain individual claimants, of written
consents to become parties plaintiff. See Conference Report, p. 15; §
790.20 of this part.
These are maximum periods for bringing such actions
measured from the time the employee's cause of action accrues to the time his
action is commenced. 131
131 Conference Report, pp.
13-15.
(b) The courts have held that a cause of action under the Fair Labor Standards Act for unpaid minimum wages or unpaid overtime compensation and for liquidated damages "accrues" when the employer fails to pay the required compensation for any workweek at the regular pay day for the period in which the workweek ends. 132 The Portal Act 133 provides that an action to enforce such a cause of...
