v3022-161

The United States Department of Labor, Wage and

Hour Division, publishes periodical explanatory bulletins

prepared by the administrator, which bulletins seek to

explain the proper application of the regulations.

The courts have generally held that such explanatory

bulletins are of value in determining whether workers

are exempt.

In the case of Vives v. Serralles, 145 F.2d 552, the

Court held that an interpretative bulletin promulgated

by the administrator of the Wage and Hour Division,

defining terms, is of value in determining whether work-

ers are exempt, and in Durkin v. Joyce, 110 F. Supp.

918; 211 F.2d 241, the Court said:

"In determining whether employees are within

exemption provisions of this chapter, courts may

look to administrator's bulletins for guidance."

The following language is quoted from the admin-

istrator's explanatory bulletins, defining the terms ex-

ecutive, administrative and professional, as contained

in Section 13 (a) (1) of the Fair Labor Standards Act

of 1938, said bulletin issued and dated August, 1953:

Administrator's Explanatory Bulletin

(August 1953),

Regulations Part 541, page 12:

"DISCRETION AND INDEPENDENT

JUDGMENT

(c) DISTINGUISHED FROM SKILLS AND

PROCEDURES.

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