DOL Proposes to Decodify 450+ FLSA Interpretive Guidance: What Does It Mean for Employers?
Takeaways DOL Wage and Hour Division plans to remove certain FLSA non-binding interpretive guidance documents from the CFR and relocate them to the agency’s internal Field Operations Handbook. Guidance on the 7(i) exemption for retail or service establishments and the Motor Carrier Act exemption are among the key interpretive rules affected by the proposal. DOL has said it may decide to revise or rescind the affected rules in the future, and it may do so without undertaking formal rulemaking. Related link Federal Register: Proposed Rule: Statements of General Policy or Interpretation Not Directly Related to Regulations Article The Wage and Hour Division (WHD) of the Department of Labor (DOL) has proposed moving some regulations governing application of the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR) to an appendix in DOL’s Field Operations Handbook (FOH). The proposal would shed more than 450 separate FLSA regulations (on 229 pages) from the CFR. Man...