Under section 10 of the Portal-to-Portal Act of 1947 (29 U.S.C.
259), official interpretation issued under the Fair Labor Standards Act
of 1938 may, under certain circumstances, be controlling in determining
the rights and liabilities of employers and employees. The
interpretations of the law contained in this part are official
interpretations on which reliance may be placed as provided in section
l0 of the Portal-to-Portal Act so long as they remain effective and are
not modified, rescinded, or determined by judicial authority to be
incorrect. However, the failure to discuss a particular problem in this
part or in the interpretations supplementing it should not be taken to
indicate the adoption of any position by the Secretary of Labor or the
Administrator with respect to such problem or to constitute an
administrative interpretation or practice or enforcement policy.
