UNITED STATES OF AMERICA Part 782-Exemption From Maximum Hours Provisions for Certain Employees of Motor Carriers AUTHORITY: Sections 782.0 to 782.8 issued under 52 Stat. 1060, as amended; 29 SOURCE: Sections 782.0 to 782.7 appear at 13 F. R. 2346. SECTION 782.0 INTRODUCTORY STATEMENT (a) Since the enactment of the Fair Labor Standards Act of 1938, the views of the Administrator of the Wage and Hour Division as to the scope and applicability of the exemption provided by section 13 (b) (1) of the act have been expressed in interpretations issued from time to time in various forms. This part, as of the date of its publication in the FEDERAL REGISTER, supersedes and replaces such prior interpretations. Its purpose is to make available in one place general interpretations of the Administrator which will provide "a practical guide to employers and employees as to how the office representing the public interest in enforcement of the law will seek to apply it." The interpretations contained 1 1 Skidmore v. Swift & Co., 323 U. S. 134. "Under Reorganization Plan No. 6 of 1950 (15 F. R. 3174), effective May 24, 1950 and pursuant to General Order No. 45A issued by the Secretary of Labor on the same date, interpretations of the provisions (other than the child labor provisions) of the Fair Labor Standards Act, as amended, are issued by the Administrator of the Wage and Hour Division on the advice of the Solicitor of Labor, subject_to_the_general direction and control of the Secretary. See 15 F. R. 3290." Section 16 (c) of the Fair Labor Standards Amendments of 1949 (63 Stat. 910) provides: "Any order, regulation, or interpretation of the Administrator of the Wage and Hour Division or of the Secretary of Labor, and any agreement entered into by the Administrator or the Secretary, in effect under the provisions of the Fair Labor Standards Act of 1938, as amended, on the effective date of this act, shall remain in effect as an order, regulation, interpretation, or agreement of the Administrator or the Secretary, as the case may be, pursuant to this act, except to the extent that any such order, regulation, interpretation, or agreement may be inconsistent with the provisions of this act, or may from time to time be amended, modified, or rescinded by the Administrator or the Secretary, as the case may be, in accordance with the provisions of this act." 589271°-61 in this part indicate, with respect to the scope and applicability of the exemption provided by section 13 (b) (1) of the Fair Labor Standards Act, the construction of the law which the Secretary of Labor and the Administrator believe to be correct in the light of the decisions of the courts and of the Interstate Commerce Commission, and which will guide them in the performance of their administrative duties under the act unless and until they are otherwise directed by authoritative decisions of the courts or conclude, upon reexamination of an interpretation that it is incorrect. The interpretations contained in this part are interpretations on which reliance may be placed as provided in section 10 of the Portal-to-Portal Act,2 so long as they remain effective and are not modified, amended, rescinded, or determined by judicial authority to be incorrect. [16 F. R. 4272, May 9, 1951] SECTION 782.1 STATUTORY PROVI- (a) Section 13 (b) (1) of the Fair Labor Standards Act provides an exemption from the maximum hours and overtime requirements of section 7 of the act, but not from the minimum 2 Public Law 49, 80th Cong., 1st sess. (61 Stat. 84), discussed in Part 790 (statement on effect of Portal-to-Portal Act of 1947). See in this connection Reorganization Plan No. 6 of 1950 (15 F. R. 3174) and footnote 1, above. 1 |