29 USC § 257 - Pending collective and representative actions

---
identifier: "/us/usc/t29/s257"
source: "usc"
legal_status: "official_prima_facie"
title: "29 USC § 257 - Pending collective and representative actions"
title_number: 29
title_name: "LABOR"
section_number: "257"
section_name: "Pending collective and representative actions"
chapter_number: 9
chapter_name: "PORTAL-TO-PORTAL PAY"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(May 14, 1947, ch. 52, § 8, 61 Stat. 88.)"
---


# § 257. Pending collective and representative actions

section 255(b) of this titleMay 14, 194729 U.S.C. 201May 14, 1947

The statute of limitations prescribed in  shall also be applicable (in the case of a collective or representative action commenced prior to  under the Fair Labor Standards Act of 1938, as amended [ et seq.]) to an individual claimant who has not been specifically named as a party plaintiff to the action prior to the expiration of one hundred and twenty days after . In the application of such statute of limitations such action shall be considered to have been commenced as to him when, and only when, his written consent to become a party plaintiff to the action is filed in the court in which the action was brought.

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**Source Credit**: (May 14, 1947, ch. 52, § 8, 61 Stat. 88.)

## Editorial Notes

### References in Text

The Fair Labor Standards Act of 1938, as amended, referred to in text, is , , as amended, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see  and Tables.