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FLSA2005-4
January 7, 2005
Dear Name*,
This is in response to your letter inquiring as to whether the recent changes to the Fair Labor Standards
Act (FLSA) regulations had any impact on a previous opinion letter dated November 18, 1998 (copy attached) addressing the applicability of the FLSA to
Name* participants. That letter relied on a statutory provision in the National and Community Service Act. That provision has not been changed and nothing in the
updated overtime security regulation relates to that Act. Accordingly, the prior opinion letter continues to reflect our opinion.
This opinion is based exclusively on the facts and circumstances described in your request and is
given on the basis if your representation, explicit or implied, that you have
provided a full and fair description of all the facts and circumstances which
would be pertinent to our consideration of the questions presented. Existence
of any other factual or historical background not contained in your request
might require a different conclusion than the one expressed herein. You have
represented that this opinion is not sought in connection with an investigation
or litigation between a client or firm and the Wage and Hour Division or the
Department of Labor.
We trust that the above is responsive to your inquiry.
Sincerely,
Alfred B. Robinson, Jr.
Acting Administrator
Note: * The actual name(s) was removed to preserve privacy.
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