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
part 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. Plan 6 of 1950, 64 Stat. 1263; Gen.
Ord. 45A, May 24, 1950, 15 FR 3290). 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 part where it appears that they
will contribute to a better understanding of the interpretations.
