(a) 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
subpart 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 (Reorganization Plan 6 of 1950, 64 Stat.
1263; Gen. Order 45A, May 24, 1950, 15 FR 3290). The Supreme Court has
recognized that such interpretations of this Act ``provide a practical
guide to employers and employees as to how the office representing the
public interest in its enforcement will seek to apply it'' and
``constitute a body of experience and informed judgment to which courts
and litigants may properly resort for guidance.'' Further, as stated by
the Court: ``Good administration of the Act and
good judicial administration alike require that the standards of public
enforcement and those for determining private rights shall be at
variance only where justified by very good reasons.'' (Skidmore v.
Swift, 323 U.S. 134.)
(b) The interpretations of the law contained in this subpart are
official interpretations of the Department of Labor with respect to the
application under described circumstances of the provisions of law which
they discuss. The interpretations indicate, with respect to the methods
of paying the compensation required by sections 6 and 7 and the
application thereto of the provisions of section 3(m) of the Act, the
construction of the law which the Secretary of Labor and the
Administrator believe to be correct and which will guide them in the
performance of their administrative duties under the Act unless and
until they are otherwise directed by authoritative decisions of the
courts or conclude, upon reexamination of an interpretation, that it is
incorrect. Reliance may be placed upon the interpretations as provided
in section 10 of the Portal-to-Portal Act (29 U.S.C. 259) so long as
they remain effective and are not modified, amended, rescinded, or
determined by judicial authority to be incorrect. For discussion of
section 10 of the Portal-to-Portal Act, see part 790 of this chapter.
