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, or the Bacon-Davis Act,
See References in Text note below.
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—
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
[May 14, 1947, ch. 52, § 7], [61 Stat. 88].)