CWC’s Comments Support DOL’s Proposal To De-Codify Old FLSA Guidance

August 6, 2025

What's New

CWC has filed comments with the Department of Labor supporting DOL’s July 2 proposal to remove some Fair Labor Standards Act (FLSA) policy statements and interpretive rules from the Code of Federal Regulations (CFR).

Specifically, we support DOL’s plan to:

Relocate relevant guidance to the Wage and Hour Division’s Field Operations Handbook
Rescind obsolete guidance related to retail operations
Limit the proposed changes to nine CFR sections that have never undergone notice and comment

We also encourage DOL to continue using the notice-and-comment process for important guidance, whether formally required or not.

What It Means

DOL received only a few comments on its proposal. We expect the agency will move relatively quickly to finalize its proposal.

What You Should Do

It’s never a bad time for employers to review wage and hour practices to identify possible risks. CWC resources can help, such as our Guides to the White Collar Exemptions for Executive, Administrative, and Professional Employees.

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