[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR791.1]

[Page 691]
 
                             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 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in this part they are hereby rescinded.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modified, amended, rescinded, or determined by judicial authority to be 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]