[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: 29CFR791.1]

[Page 735-736]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 791_JOINT EMPLOYMENT RELATIONSHIP UNDER FAIR LABOR STANDARDS ACT 
OF 1938--Table of Contents
 
Sec. 791.1  Introductory statement.




Sec.
791.1 Introductory statement.
791.2 Joint employment.

    Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201-219.


    The purpose of this part is to make available in one place the 
general interpretations of the Department of Labor pertaining to the 
joint employment relationship under the Fair Labor Standards Act of 
1938. \1\ It is intended

[[Page 736]]

that the positions stated will serve as ``a practical guide to employers 
and employees as to how the office representing the public interest in 
its enforcement will seek to apply it.'' \2\ These interpretations 
contain the construction of the law which the administrator believes to 
be correct and which will guide him in the performance of his duties 
under the Act, unless and until he is otherwise directed by 
authoritative decisions of the courts or he concludes upon reexamination 
of an interpretation that it is incorrect. To the extent that prior 
administrative rulings, interpretations, practices, and enforcement 
policies relating to sections 3 (d), (e) and (g) of the Act, which 
define the terms ``employer'', ``employee'', and ``employ'', are 
inconsistent or in conflict with the principles stated in this part they 
are hereby rescinded. The interpretations contained in this part may be 
relied upon in accordance with section 10 of the Portal-to-Portal Act, 
\3\ so long as they remain effective and are not modified, amended, 
rescinded, or determined by judicial authority to be incorrect.
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    \1\ 29 U.S.C. 201-219. Under Reorganization Plan No. 6 of 1950 and 
pursuant to General Order No. 45-A, issued by the Secretary of Labor on 
May 24, 1950, interpretations of the provisions (other than the child 
labor provisions) of the act are issued by the Administrator of the Wage 
and Hour Division on the advice of the Solicitor of Labor. See 15 FR 
3290.
    \2\ Skidmore v. Swift and Company, 323 U.S. 134, 138.
    \3\ 61 Stat. 84; 29 U.S.C. 251-262.

[23 FR 5905, Aug. 5, 1958]