[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR779.9]

[Page 463]
 
                             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--Table of Contents
 
                            Subpart A_General
 
Sec. 779.9  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.)