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.