Tuesday, February 21, 2006
Tweet[IWS] Wage & Hour Division OPINION LETTERS full-text
IWS Documented News Service
_______________________________
Institute for Workplace Studies Professor Samuel B. Bacharach
School of Industrial & Labor Relations Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor Stuart Basefsky
New York, NY 10016 Director, IWS News Bureau
________________________________________________________________________
U.S. Department of Labor
Employment Standards Administration Wage and Hour Division
Opinion Letters
http://www.dol.gov/esa/whd/opinion/opinion.htm
An opinion letter signed by the Administrator of the Wage and Hour Division is an official ruling or interpretation of the Wage and Hour Division for purposes of the Portal-to-Portal Act, 29 U.S.C. 259. Such rulings provide a potential good faith reliance defense for violations of the FLSA. In the event of a vacancy in the Administrator's position an opinion letter signed by the Acting Administrator, Deputy Administrator, or other officer of the Department of Labor to whom authority was properly delegated under Reorganization Plan No.6 of 1950 (15 F.R. 3174) also constitutes an official ruling of the Wage and Hour Division for purposes of the Portal-to-Portal Act. Opinions signed by other Wage and Hour officials (i.e. Non-Administrator letters), denoted by an NA following the opinion number; do not constitute rulings or interpretations under the Portal-to-Portal Act.
The requirements of the laws enforced by the Wage and Hour Division are set by statutes and regulations. Our opinion letters explain these requirements and how they apply to particular circumstances. This letter constitutes Wage and Hour's interpretation of the requirements discussed in the context of a specific factual situation.
Note that our enforcement guidance may be affected by changes to the statute or the rules. Also, from time to time we update our interpretations in response to new information, such as court decisions. To keep apprised of such developments, consult Wage and Hour's website and review more recent opinion letters on point. To be notified each time the web page is updated with new opinion letters, click here to begin the registration process for Wage and Hour�s free email service, or to edit your profile. You may unsubscribe at any time by choosing to edit, and then deleting your profile.
One may Download the entire collection of opinion letters at - http://www.dol.gov/esa/whd/opinion/2005_10_18_OpinionLetters.zip .
Opinion letters from the Administrator & Non-Administrator Letters from the Wage and Hour Division are found here as well in Text and PDF formats.
_____________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky *
Director, IWS News Bureau *
Institute for Workplace Studies *
Cornell/ILR School *
16 E. 34th Street, 4th Floor *
New York, NY 10016 *
*
Telephone: (607) 255-2703 *
Fax: (607) 255-9641 *
E-mail: smb6@cornell.edu *
****************************************
_______________________________
Institute for Workplace Studies
School of Industrial & Labor Relations
Cornell University
16 East 34th Street, 4th floor
New York, NY 10016
________________________________________________________________________
U.S. Department of Labor
Employment Standards Administration Wage and Hour Division
Opinion Letters
http://www.dol.gov/esa/whd/opinion/opinion.htm
An opinion letter signed by the Administrator of the Wage and Hour Division is an official ruling or interpretation of the Wage and Hour Division for purposes of the Portal-to-Portal Act, 29 U.S.C. 259. Such rulings provide a potential good faith reliance defense for violations of the FLSA. In the event of a vacancy in the Administrator's position an opinion letter signed by the Acting Administrator, Deputy Administrator, or other officer of the Department of Labor to whom authority was properly delegated under Reorganization Plan No.6 of 1950 (15 F.R. 3174) also constitutes an official ruling of the Wage and Hour Division for purposes of the Portal-to-Portal Act. Opinions signed by other Wage and Hour officials (i.e. Non-Administrator letters), denoted by an NA following the opinion number; do not constitute rulings or interpretations under the Portal-to-Portal Act.
The requirements of the laws enforced by the Wage and Hour Division are set by statutes and regulations. Our opinion letters explain these requirements and how they apply to particular circumstances. This letter constitutes Wage and Hour's interpretation of the requirements discussed in the context of a specific factual situation.
Note that our enforcement guidance may be affected by changes to the statute or the rules. Also, from time to time we update our interpretations in response to new information, such as court decisions. To keep apprised of such developments, consult Wage and Hour's website and review more recent opinion letters on point. To be notified each time the web page is updated with new opinion letters, click here to begin the registration process for Wage and Hour�s free email service, or to edit your profile. You may unsubscribe at any time by choosing to edit, and then deleting your profile.
One may Download the entire collection of opinion letters at - http://www.dol.gov/esa/whd/opinion/2005_10_18_OpinionLetters.zip .
Opinion letters from the Administrator & Non-Administrator Letters from the Wage and Hour Division are found here as well in Text and PDF formats.
_____________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 4:18 PM
