DOL Drops Proposal To Remove Certain FLSA Interpretive Guidance From Regulatory Code

DOL has withdrawn its 2025 proposal to remove some FLSA interpretive rules and policy statements from the Code of Federal Regulations, leaving the status quo in place and employers’ substantive FLSA obligations unchanged.

The Wage and Hour Division’s proposal would have relocated some Fair Labor Standards Act interpretive rules and policy statements from the CFR to subregulatory guidance. The proposal would not have changed employers’ substantive obligations; instead, its intent was to clarify that the affected provisions are interpretive guidance rather than binding regulations.

After considering public comments, DOL concluded that the rulemaking no longer aligned with its priorities and formally withdrew it.

Click here to read more from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. CWC will hold a virtual Fundamentals of Wage and Hour Compliance course November 9-13.