[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1621.4]

[Page 323]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1621_PROCEDURES_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1621.4  Effect of opinions and interpretations of the Commission.

    (a) Section 10 of the Portal to Portal Act of 1947, 29 U.S.C. 255, 
which applies to the Equal Pay Act of 1963, 29 U.S.C. 206(d), provides 
that:

    In any action or proceeding based on any act or omission on or after 
the date of the enactment of this Act, no employer shall be subject to 
any liability or punishment * * * if he pleads and proves that the act 
or omission complained of was in good faith in conformity with and in 
reliance on any written administrative regulation, order, ruling, 
approval or interpretation * * * or any administrative practice or 
enforcement policy of [the Commission].


The Commission has determined that only the following documents may be 
relied upon by any employer as a ``ruling, approval or interpretation'' 
or as ``evidence of any administrative practice or enforcement policy'' 
of the Commission within the meaning of the statutory provisions quoted 
above.
    (1) A written document, entitled ``opinion letter,'' signed by the 
Legal Counsel on behalf of and as approved by the Commission;
    (2) A written document issued in the conduct of litigation, entitled 
``opinion letter,'' signed by the General Counsel on behalf of and as 
approved by the Commission;
    (3) A matter published and specifically designated as such in the 
Federal Register.
    (b) An opinion letter issued pursuant to paragraph (a)(1) or (a)(2) 
of this section, when issued to a specific addressee, has no effect upon 
circumstances beyond the situation of the specific addressee.

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