The purpose of this part is to make available in one place the
general interpretations of the Department of Labor pertaining to the
joint employment relationship under the Fair Labor Standards Act of
1938.1 It is intended that the positions stated will serve as
``a practical guide to employers and employees as to how the office
representing the public interest in its enforcement will seek to apply
it.'' 2 These interpretations contain the construction of the
law which the administrator believes to be correct and which will guide
him in the performance of his duties under the Act, unless and until he
is otherwise directed by authoritative decisions of the courts or he
concludes upon reexamination of an interpretation that it is incorrect.
To the extent that prior administrative rulings, interpretations,
practices, and enforcement policies relating to sections 3 (d), (e) and
(g) of the Act, which define the terms ``employer'', ``employee'', and
``employ'', are inconsistent or in conflict with the principles stated
in this part they are hereby rescinded. The interpretations contained in
this part may be relied upon in accordance with section 10 of the
Portal-to-Portal Act,3 so long as they remain effective and
are not modified, amended, rescinded, or determined by judicial
authority to be incorrect.
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1 29 U.S.C. 201-219. Under Reorganization Plan No. 6 of
1950 and pursuant to General Order No. 45-A, issued by the Secretary of
Labor on May 24, 1950, interpretations of the provisions (other than the
child labor provisions) of the act are issued by the Administrator of
the Wage and Hour Division on the advice of the Solicitor of Labor. See
15 FR 3290.
2 Skidmore v. Swift and Company, 323 U.S. 134, 138.
3 61 Stat. 84; 29 U.S.C. 251-262.
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[23 FR 5905, Aug. 5, 1958]
