The ultimate decisions on interpretations of the Act are made by the
courts (Mitchell v. Zachry, 362 U.S. 310; Kirschbaum v. Walling, 316
U.S. 517). Court decisions supporting interpretations contained in this
bulletin are cited where it is believed they may be helpful. On matters
which have not been determined by the courts, it is necessary for the
Secretary of Labor and the Administrator to reach conclusions as to the
meaning and the application of provisions of the law in order to carry
out their responsibilities of administration and enforcement (Skidmore
v. Swift, 323 U.S. 134). In order that these positions may be made known
to persons who may be affected by them, official interpretations are
issued by the Administrator on the advice of the Solicitor of Labor, as
authorized by the Secretary (Reorg. Pl. 6 of 1950, 64 Stat. 1263; Gen.
Ord. 45A, May 24, 1950; 15 FR 3290; Secretary's Order 13-71, May 4,
1971, FR; Secretary's Order 15-71, May 4, 1971, FR). Interpretative
rules under the Act as amended in 1966 are also authorized by section
602 of the Fair Labor Standards Amendments of 1966 (80 Stat. 830), which
provides: ``On and after the date of the enactment of this Act the
Secretary is authorized to promulgate necessary rules, regulations, or
orders with regard to the amendments made by this Act.'' As included in
the regulations in this part, these interpretations are believed to
express the intent of the law as reflected in its provisions and as
construed by the courts and evidenced by its legislative history.
References to pertinent legislative history are made in this bulletin
where it appears that they will contribute to a better understanding of
the interpretations.
