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New DOL Administrator Interpretation Letters

Published by on April 7, 2010

The Department of Labor has announced that it will begin issuing “Administrator Interpretations” in lieu of providing case-specific responses to requests for opinion letters.  The Interpretation letters will provide clarification of regulatory and statutory interpretation issues as determined by the Administrator.  More after the break. The letters will consist of general interpretations applicable to everyone […]

The Department of Labor has announced that it will begin issuing “Administrator Interpretations” in lieu of providing case-specific responses to requests for opinion letters.  The Interpretation letters will provide clarification of regulatory and statutory interpretation issues as determined by the Administrator.  More after the break.

The letters will consist of general interpretations applicable to everyone affected by the statute or regulation at issue.  Any opinion letter requests received by the Department will be answered by providing information regarding statutes and case law relevant to the request instead of a fact-specific analysis. 

The first Interpretation letter issued by the Department, found here, concerns an interpretation of the Administrative Exemption under the Fair Labor Standards Act.  The letter interprets the exemption as not applicable to employees who perform the duties of a mortgage loan officer because such employees are more closely involved in sales than in performing a service for the company.  The letter also states that the exemption applies to employees whose primary duty is “directly related to the management or general business operations of the employer’s customers,” but that mortgage loan officers do not fall under this category.

The DOL index for FLSA Interpretation Letters can be found here.

 Source:  http://www.dol.gov/WHD/opinion/opinion.htm#AdmIntprt 

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