Reissued guidance on homebuilder construction supervisors

U.S. Department of Labor Wage and Hour Division
Washington, D.C. 20210
FLSA2018-17
January 5, 2018
Dear Name:
This letter responds to your request that the Wage and Hour Division (“WHD”) reissue Opinion Letter FLSA2009-36. On January 16, 2009, then-Acting WHD Administrator Alexander J. Passantino signed the opinion letter as an official statement of WHD policy. On March 2, 2009, however, WHD withdrew the opinion letter “for further consideration” and stated that it would “provide a further response in the near future.” We have further analyzed Opinion Letter FLSA2009-36. From today forward, this letter, which is designated FLSA2018-17 and reproduces below the verbatim text of Opinion Letter FLSA2009-36, is an official statement of WHD policy and an official ruling for purposes of the Portal-to-Portal Act, 29 U.S.C.
§ 259.
I thank you for your inquiry.
Bryan L. Jarrett
Acting Administrator
Dear Name:
This is in response to your request for an opinion regarding whether employees of homebuilders who supervise construction of multiple new homes, townhomes, and/or condominiums each year qualify for an exemption under section 13(a)(1) of the Fair Labor Standards Act (FLSA).∗ We believe the attached opinion letter recently issued by the United States Department of Labor Wage and Hour Division adequately responds to your inquiry. Sincerely, Alexander J. Passantino Acting Administrator
*Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. § 552(b)(7).
∗
Unless otherwise noted, any statutes, regulations, opinion letters, or other interpretive material cited in this letter can be found at www.wagehour.dol.gov.