The Wage and Hour Division issues guidance primarily through Opinion Letters, Ruling Letters, Administrator Interpretations, and Field Assistance Bulletins. These guidance documents are described below. Note that rulings and interpretations may be affected by changes to the applicable statute or regulations. Also, from time to time we update our interpretations in response to new information, such as court decisions, and may withdraw a ruling or interpretation in whole or in part. You may contact the Wage and Hour Division with queries about any of its guidance documents.

An interpretation or ruling issued by the Administrator interpreting the Fair Labor Standards Act (FLSA), the Davis-Bacon Act (DBA), or the Walsh-Healey Public Contracts Act (PCA) 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 actions that may otherwise constitute violations of the FLSA, DBA, or PCA. However, a withdrawn ruling or interpretation, or the withdrawn portion of a ruling or interpretation, may not be relied upon as an official ruling or interpretation of the Administrator or the Wage and Hour Division for any purpose, including under the Portal-to-Portal Act. To keep apprised of such developments, consult Wage and Hour’s website. To be notified each time the web page is updated with new rulings and interpretations, click here(link is external) 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.

In the event of a vacancy in the Administrator’s position, a ruling or interpretation signed by the Acting Administrator, Deputy Administrator, or Deputy Administrator for Program Operations is also authoritative and constitutes an official ruling of the Wage and Hour Division. Rulings and interpretations signed by other Wage and Hour officials (i.e., Non-Administrator letters), denoted by an NA following the ruling or interpretation number, are official statements of WHD policy but do not constitute rulings or interpretations under the Portal-to-Portal Act. The Wage and Hour Division maintains discretion regarding the appropriate signatory for all rulings and interpretations.

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Fair Labor Standards Act and Family Medical Leave Act

The requirements of the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA) are set by statutes and regulations. As part of the administration of the FLSA and the FMLA, interested parties may seek and officials of the Wage and Hour Division may provide official written explanations of what the FLSA or the FMLA requires in fact-specific situations. Opinion letters serve as a means by which the public can develop a clearer understanding of what FLSA and FMLA compliance entails. Opinion letters may be signed by the Wage and Hour Division Administrator or a lower level official. The Wage and Hour Division maintains discretion regarding the appropriate signatory for all opinion letters.

Opinion letters issued by the Administrator may be relied upon, pursuant to Section 10 of the Portal-to-Portal Act, 29 U.S.C. § 259, as a good faith defense to wage claims arising under the FLSA. Except as noted below, the Portal-to-Portal Act does not apply to the FMLA or other statutes enforced by WHD.

Other Laws Enforced by the Wage and Hour Division

On occasion, the Wage and Hour Division may issue opinion letters addressing fact-specific questions arising under some of the other federal wage and hour laws enforced by the agency, including the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and the wage garnishment provisions of the Consumer Credit Protection Act (CCPA). These opinion letters are provided to help employers, employees, and other members of the public understand their rights and responsibilities under the law.

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Opinion Letters from the Administrator

Non-Administrator Letters from the Wage and Hour Division

Individuals with questions about the application of wage and hour laws to their particular situation may also talk to a Wage and Hour Division representative by contacting the office nearest them listed at www.dol.gov/agencies/whd/contact/local-offices or by calling the Division’s toll-free help line at 1-866-4USWAGE (1-866-487-9243) Monday-Friday 8 a.m. to 5 p.m. in your time zone.