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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart A  

General


29 CFR 779.9 - Reliance on interpretations.

  • Section Number: 779.9
  • Section Name: Reliance on interpretations.

    The interpretations of the law contained in this part are official 
interpretations which may be relied upon as provided in section 10 of 
the Portal-to-Portal Act of 1947. In addition, the Supreme Court has 
recognized that such interpretations of the 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.) 
Some of the interpretations in subpart D of this part relating to the 
scope of the exemption provided for retail or service establishments are 
interpretations of this exemption as it appeared in the original Act 
before amendment in 1949
and 1961, which have remained unchanged because they were consistent 
with the amendments. These interpretations may be said to have 
Congressional sanction because ``When Congress amended the Act in 1949 
it provided that pre-1949 rulings and interpretations by the 
Administrator should remain in effect unless inconsistent with the 
statute as amended. 63 Stat. 920.'' (Mitchell v. Kentucky Finance Co., 
359 U.S. 290.)
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