FLSA2006-28 — Same type of services, same public agency and nominal fee for public agency volunteers under 3(e)(4)(A)

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

FLSA2006-28

August 7, 2006

Dear Name*:

I am writing in reply to your Association’s letter requesting guidance under the Fair Labor
Standards Act (FLSA) on numerous hypothetical questions concerning “same type of services,”
“same public agency,” and “nominal fee,” as applied to individuals volunteering for, or
employed by, a public agency.

The FLSA recognizes the generosity and public benefits of volunteering, and does not seek to
pose unnecessary obstacles to bona fide volunteer efforts for charitable and public purposes. In
this spirit, in enacting the 1985 FLSA Amendments, Congress sought to ensure that true
volunteer activities are neither impeded nor discouraged. Congress, however, also wanted to
minimize the potential for abuse or manipulation of the FLSA’s minimum wage and overtime
requirements in “volunteer” situations.

Section 3(e)(4)(A) of the FLSA and 29 C.F.R. §§ 553.101 and 553.103 (copies enclosed)
indicate that an individual is a volunteer, not an employee of a public agency, when the
individual meets the following criteria:

1. Performs hours of service for a public agency for civic, charitable or humanitarian
reasons, without promise, expectation or receipt of compensation for services rendered.
Although a volunteer can receive no compensation, a volunteer can be paid expenses,
reasonable benefits or a nominal fee to perform such services;

2. Offers services freely and without pressure or coercion, direct or implied, from an
employer; and

3. Is not otherwise employed by the same public agency to perform the same type of
services as those for which the individual proposes to volunteer.

Please be assured that this Administration fully supports volunteerism and is committed to
working with organizations like yours to ensure that citizens are able to volunteer freely their
services for charitable and public purposes consistent with the law.

Your letter posits factual circumstances that test whether volunteer status is jeopardized. The
first series of questions -- questions 1 through 9 -- concerns payments that a public agency may
provide a volunteer. We will address these questions under Scenario 1, below. The second

series of questions -- questions 11, 14 and 15 -- goes to the issue of providing the “same type of
services” to the “same public agency.”
1
We will address these questions under Scenario 2,
below.

Scenario 1

1. An individual serves as a volunteer firefighter for County A.

2. County A provides the volunteer with some monetary payment (or tax relief) calculated on a
yearly, monthly, shift, or on-call basis.

3. The payment (or tax relief) varies based on factors such as the amount of time spent on the
activities, length of service, number of calls, and number of shifts, but is not linked to expenses
incurred by the volunteer.

Each question asks whether the particular payment negates volunteer status.

Section 3(e)(4)(A)(i) and the implementing regulations at 29 C.F.R. § 553.106 (copy enclosed)
provide that a volunteer may only be paid expenses, reasonable benefits, or a nominal fee, or
any combination thereof, without losing volunteer status. Examples of permissible expenses or
benefit payments are described as a payment for expenses, such as dry cleaning; an allowance
for a requirement, such as a uniform; reimbursement for an out-of-pocket expense, such as
transportation; a payment to provide materials, such as supplies; or a payment for benefits, such
as participation in group insurance plans. See 29 C.F.R. § 553.106(a)-(d).

Section 553.106(e) discusses what constitutes a nominal fee and the various factors to consider
in determining whether a stipend is nominal. In the preamble to this provision of the
regulation, the Department stated, “whether a specific amount is ‘nominal’ depends on the
economic realities of the situation and that no guidelines on specific amounts applicable to all
(or even most) possible situations can be provided.” See 52 Fed. Reg. 2012, at 2021 (Jan. 16,
1987) (copy enclosed).

While the statute and the implementing regulations do not define what constitutes a “nominal
fee,” the regulations provide guidance for determining whether a fee is nominal and
permissible. If a fee is not nominal, then the individual does not qualify as a volunteer and is
considered an employee who is covered by the FLSA minimum wage and overtime provisions.
The factors to examine in making a determination of whether an amount is nominal include, but
are not limited to: (1) the distance traveled and the time or effort required of a volunteer; (2)
the availability -- limited or unlimited -- of a volunteer to provide services; and (3) the basis --
as needed or throughout the year -- on which a volunteer agrees to perform services. See 29
C.F.R. § 553.106(e). These factors focus upon whether the fee is actually more analogous to a
payment for services or recompense for something performed and, hence, not nominal
.
Thus,

1
In a conversation with our staff subsequent to your letter, you withdrew original questions 7, 8, 10, 12, and 13
and replaced them with two new questions. These new questions are reproduced here as new questions 7 and 8.
There are no longer any questions 10, 12, or 13.
Page 2 of 10

to the extent that payments are tied to productivity (e.g., payment of hourly wages for services
rendered), are similar to “piece rates” or are comparable to “production bonuses,” there is a
greater likelihood that such fees are not nominal. However, as noted in the preamble to section
553.106(e),
almost 30 percent of all volunteer firefighters are paid a small fee for each fire call
to which they respond, and the rule was not intended to invalidate that model. See 52 Fed. Reg.
2012, at 2021. Moreover, consistent with the discussion of factors to be considered (e.g.,
distance traveled, time and effort expended, around-the-clock versus limited availability,
throughout the year versus upon request), compensation “per call” or other similar bases may
be acceptable so long as they may fairly be characterized as tied to the volunteer’s sacrifice
rather than productivity-based compensation.
Accordingly, nothing in the statutory language
would directly preclude the payment of nominal per call or even per shift fees to volunteer
firefighters as section 553.106(e) specifically provides
that a nominal fee can be paid on a “per
call” or similar basis for volunteer firefighters.

Please also see Wage and Hour Opinion Letter FLSA2005-51 (Nov. 10, 2005) (copy enclosed)
that contains a recent discussion of the Department’s consideration of what payment constitutes
a nominal fee for determining an individual’s volunteer status. That opinion letter expounds
upon the “economic realities” test in the context of school systems and those volunteering by
assisting with extra-curricular activities, such as coaching sports or sponsoring various clubs.
Specifically, this letter states that when a public agency employee volunteers as a coach or
extracurricular advisor, the Department will presume the fee paid is nominal as long as the fee
does not exceed 20 percent of what the public agency would otherwise pay to hire a full-time
coach or extracurricular advisor for the same services. This 20 percent rule is derived from the
FLSA and implementing regulations. See Wage and Hour Opinion Letter FLSA2005-51 (“The
FLSA and the implementing regulations use a 20 percent test to assess whether something is
insubstantial with regard to prohibited driving on public roadways by employees who are 17
years of age.”). A willingness to volunteer for 20 percent of the prevailing wage for the job is
also a likely indication of the spirit of volunteerism contemplated by the 1985 amendments to
the FLSA. We believe this interpretation of “nominal fee” applies equally in the context of
firefighters.

Finally, the regulations instruct that any nominal fees must be considered in the context of any
other benefits or expenses paid and the economic reality of the particular situation. Indeed,
section 553.106(f) sets forth the “economic realities” test, which specifically provides that the
determination of whether the expenses, benefits or fees would preclude an individual from
qualifying as a volunteer under the FLSA must be made by examining the total amount of
payments in the context of the economic realities of a particular situation. As your letter is
silent on whether any other expenses and/or benefits are paid, the Department assumes there
are no other benefits or expenses beyond the payments described in the questions.

The probative facts as we see them for each hypothetical question are set out below:

Q.1 The volunteer is paid $1,200 per year regardless of the number of shifts or amount of time
spent responding to calls. On average the volunteer staffs a minimum of 24 shifts and/or
spends a minimum of 60 hours responding to calls annually.

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Q.2 The volunteer is paid $100.00 per month regardless of the number of shifts or amount of
time spent responding to calls. On average the volunteer staffs a minimum of 4 shifts and/or
spends a minimum of 8 hours responding to calls monthly.

Q.3 The volunteer is paid $100.00 per month so long as the volunteer staffs a minimum of 2
shifts and/or spends a minimum of 5 hours responding to calls during the month. Additional
payments of $25.00 are made for each additional shift over 4 during the month and/or for every
2.5 hours spent responding to calls exceeding 12 hours during the month.

Q.4 The volunteer is paid $25.00 (or $30.00 or $40.00) for each four-hour block of time
regardless of the actual amount of time below four hours spent at the station house or
responding to calls.

Q.5 The volunteer is paid $20.00 for each shift regardless of the length of the shift or the time
spent responding to calls. On average, the volunteer works a 6 hour shift and/or spends 2 hours
per shift responding to calls.

Q.6 The volunteer is paid $25.00 if the volunteer staffs a shift of at least 8 hours and/or spends
2.5 hours responding to calls. An additional $15.00 per shift is paid if the shift exceeds 8 hours
or responds to calls over 5 hours during a single shift.

Q.7 An individual serves as a volunteer firefighter in Indiana. Indiana Code 36-8-12 defines
“nominal” as an annual payment of not more than twenty thousand dollars ($20,000). The
volunteer is paid an annual fee of $15,000. On average, the volunteer spends at least 3,000
hours per year waiting and responding to calls.
2

Q.8 The volunteer is paid a stipend of $20.00 per shift regardless of the length of the shift or
the amount of time spent responding to calls during the shift. For every consecutive year of
volunteer service in which the volunteer has staffed not less than 12 shifts per year, the
volunteer is granted an additional stipend of $1.00 per shift regardless of the time spent
responding to calls.

Q.9 The volunteer is provided with $1,500.00 personal property tax relief annually during the
term of their volunteer service.

These questions, with the exception of question 9, specify payments to be made to the
volunteer per shift, month, or year and the average number of shifts, calls, and/or hours worked
by the volunteer. In some instances, additional payments are made if additional time above the
required minimum is spent on shift or responding to calls. In other instances, payment
increases depending on the number of years volunteered. Assuming there are no other
payments or benefits provided and no other facts that bear on the question (out-of-pocket
expenses, travel costs, uniform maintenance, etc.), these payments may qualify as nominal fees
under § 553.106.

2
In a conversation with our staff subsequent to your letter, you withdrew questions 7, 8, 10, 12, and 13 and
replaced them with two new questions. These new questions are reproduced here as new questions 7 and 8.
Page 4 of 10

Generally, a key factor in determining if a payment is “substitute for compensation” or “tied to
productivity” is “whether the amount of the fee varies as the particular individual spends more
or less time engaged in the volunteer activities.” Wage and Hour Opinion Letter FLSA2005-
51. If the amount varies, it may be indicative of a substitute for compensation or tied to
productivity and therefore not nominal. See id.; see also 29 C.F.R. § 553.106(e). However, as
noted above, there is a specific allowance for volunteer firefighters to be paid on a “per call” or
similar basis consistent with certain factors denoting the relative sacrifice of the volunteer. See
29 C.F.R. § 553.106(e). Due to this specific allowance, and assuming there are no other facts
showing that the payments in your hypothetical situations are a substitute for compensation or
tied to productivity, it still must be determined if the payments are nominal amounts.

Applying the recent interpretation of “nominal fee” in Wage and Hour Opinion Letter
FLSA2005-51, generally an amount not exceeding 20 percent of the total compensation that the
employer would pay to employ a full-time firefighter for performing comparable services
would be deemed nominal. Thus, in questions 1 through 6, a nominal fee could be 20 percent
or less of the total compensation that County A would pay for the same services. Assuming the
fee is determined to be nominal, it is less relevant whether it is paid on an annual, monthly or
daily basis.
3
As was stated in Wage and Hour Opinion Letter FLSA2005-51, the market
information necessary to complete this good faith determination is generally within your
members’ knowledge and control. Any full-time firefighter a particular fire department has on
its payroll would be a good benchmark for this calculation. Absent such information, a fire
department or similar entity may look to information from neighboring jurisdictions, the state,
or ultimately, the nation, including data from the Department of Labor, Bureau of Labor
Statistics. Thus, for example, if a volunteer staffs three shifts during a month, a nominal fee
should not exceed 20 percent of what it would cost to employ a full-time firefighter to staff a
period to cover the equivalent of the three shifts.

Question 7 involves $15,000 per year for volunteers who on average spend at least 3,000 hours
waiting for or responding to calls. Assuming the payment does not vary depending on the
productivity of the volunteer or whether the volunteer spends more or less time on volunteer
activities, the payment of $15,000 might qualify as “nominal” under the 20 percent rule if
County A would otherwise need to pay $75,000 or more to hire a full-time firefighter to
perform the same services. However, it is unlikely that 3,000 hours of service (50+ hours per
week) is “volunteering” rather than employment. Indeed, without knowing additional facts and
circumstances about the economic realities of the locality, a payment of $15,000 for 3,000
hours of volunteer services arguably constitutes compensation for a full-time job rather than a
“nominal fee” for volunteering.

Similarly, Question 8 involves increased payment for every year the volunteer staffs a requisite
number of shifts. Without additional facts, we are unable to say definitively whether this
increased payment represents compensation via a seniority or productivity system based on

3
The Department has withdrawn Wage and Hour Opinion Letters September 17, 1999, April 2, 1992, and July 15,
1988 to the extent they are inconsistent with the interpretation of nominal fee in this opinion.
Page 5 of 10

services rendered, and is thus not permitted, or, applying the test described above, is a “nominal
fee” for volunteerism.

Question 9, involving tax relief of $1,500 on personal property taxes, would appear to
constitute a permissible “reasonable benefit” and thus need not be evaluated as a “nominal fee.”
Provision of such a benefit will not, in and of itself, preclude bona fide volunteer status.

Scenario 2

You have also posed questions similar to those raised in your letter of September 16, 2002,
which we responded to in April 2003, that concern whether the volunteer services are for the
same public agency and/or are the same type of services the volunteer is employed by that
public agency to provide. See Wage and Hour Opinion Letter FLSA2003-2 (Apr. 14, 2003)
(copy enclosed). Questions 11, 14, and 15 all concern these issues. We assume for each
Question that the person is providing volunteer services for civic, charitable or humanitarian
purposes and without any expectation or receipt of compensation and the services are
volunteered without any pressure or coercion from an employer. You posit the following facts:

1. The individual in question is employed by County A, a public agency.

2. The individual seeks to volunteer either for County A, a public agency, or a joint powers
board funded by both City A and County A.

In order to determine whether a person is a bona fide volunteer under section 3(e) of the FLSA
(copy enclosed), if the volunteer is employed by a public agency it is necessary to assess
whether the volunteer is employed by the same agency for whom the services are provided and
the services provided are the same services the volunteer is employed to provide. As noted in
Wage and Hour Opinion Letter FLSA2003-2, if an individual is not employed by the same
public agency (what you call the “who is an employer” question), then it is not necessary to
examine the nature of the services provided (what you call the “what are the same type of
services” question). Similarly, if the individual does not perform the same type of services for
the public agency, there is no need to examine the relationship of the agency receiving the
individual’s volunteer services to the individual’s employer.

As stated in our prior opinion letter, whether two entities of a local government constitute the
same public agency can only be determined on a case-by-case basis. Among the factors to be
considered is whether the Census of Governments issued by the Bureau of the Census, U.S.
Department of Commerce, treats the two agencies separately for statistical purposes. See 29
C.F.R. § 553.102 (copy enclosed). In addition to the Census of Governments, the attached
Wage and Hour Opinion Letter FLSA2002-3 (June 7, 2002) provides a framework for making
such a determination and identifies factors that are relevant to the determination. As indicated
in Wage and Hour Opinion Letter FLSA2003-2, there are a number of relevant factors to
consider, such as: whether the two agencies have separate payroll and retirement systems;
whether they both have the authority to sue and be sued in their own names; whether they have
separate hiring and other employment practices; and how they are treated under state law. See
also Wage and Hour Opinion Letter FLSA2006-13 (Apr. 28, 2006) (City firefighters may
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volunteer to County Fire Protection District that has separately elected Board; separate funding
sources; separate payroll, benefits and retirement systems; can levy taxes and exercise eminent
domain; can sue and be sued; and is treated separately by the Census) (copy enclosed).

If those other factors demonstrate that the agencies should be treated as separate entities, or if
the Census of Governments treats the agencies described in questions 11, 14 and 15 as separate
agencies, then our opinion is that they are not the same employer and an employee of one could
volunteer to provide services of any nature for the other public agency.

Even if the public agency for which the person seeks to volunteer is the volunteer’s employer,
volunteer services may still be provided so long as the services are not the same type of
services the volunteer is employed to provide. For instance, a firefighter may not volunteer as a
firefighter for the same public agency. On the other hand, an employee of the city parks
department may offer to volunteer as a firefighter, or a police officer may volunteer to referee
in a basketball league sponsored by his employing city. See 29 C.F.R. § 553.103.

Much like the determination of “same public agency,” whether the service the volunteer seeks
to provide is the “same type of services” the individual is employed to perform can only be
determined after “consideration of all the facts and circumstances in a particular case[.]” See
29 C.F.R. § 553.103(a). The regulations define “same type of services” to mean similar or
identical services. Id. Among the facts considered is how the volunteered services and the
services that the volunteer is employed to provide are classified by the three digit categories of
occupations in the Dictionary of Occupational Titles. Further, in addition to the Dictionary of
Occupational Titles, one must also consider whether the volunteer services are “closely related
to the actual duties performed by or responsibilities assigned to the employee.” Id. An
additional source of information about occupational categories is found in O*NET, available at
http://www.doleta.gov/programs/onet/. The O*NET system, created and maintained by the
Department of Labor’s Employment and Training Administration, is a unique, powerful source
for continually updated information on skill requirements and occupational characteristics.

With these qualifications in mind, we will now address in turn each question under Scenario 2.

Q.11 An individual is employed as a mechanic by the County A Parks Department. He also
volunteers as a firefighter for the County Fire and Rescue Department, a joint powers board
funded by County A and City A. He is granted paid leave while responding to calls as a
volunteer.

A.11 This scenario resembles that outlined in your September 16, 2002, letter which the
Department answered in Wage and Hour Opinion Letter FLSA2003-2. As discussed more
fully therein, the determination of whether the mechanic is a bona fide volunteer turns in part
on whether the County A Parks Department and the County A Fire and Rescue Department are
the same public agency. We refer you to the discussion of the factors to consider in making
this determination as outlined in Wage and Hour Opinion Letter FLSA2003-2.

Assuming the County A Parks Department and the Fire and Rescue Department are separate
agencies, the fact that the Parks Department allowed its employee to cease his usual duties to
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respond to fire calls and paid the employee for his normal work hours spent on such calls,
would not make the mechanic an employee of the Fire and Rescue Department. However, such
special leave would be compensable hours worked for the Parks Department and would have to
be counted when computing total hours worked for the Parks Department for purposes of
overtime. If the employee substitutes paid personal leave earned with the Parks Department --
which the employee may use as the employee sees fit, including for time spent as a volunteer
firefighter -- for the time off spent in volunteer activities, then the individual’s status as a bona
fide volunteer to the Fire and Rescue Department is not jeopardized and the hours would not be
compensable hours worked for the Parks Department for overtime purposes.

Conversely, as explained in Wage and Hour Opinion Letter FLSA2003-2, if the County Parks
Department and the Fire and Rescue Department are part of the same public agency, and the
County grants special leave for the hours the employee works as a firefighter without requiring
him to use his personal accrued leave (which would be considered compensable hours worked
for the County as discussed above), then the County employs him as both a mechanic and as a
firefighter. In essence, because the County releases him from his normal mechanic duties and
shift only if he spends the specified time performing alternative firefighting duties and pays
him wages for the time worked, he is employed by the County as both a full-time mechanic and
as a part-time firefighter. Therefore, such time would be compensable hours worked for the
County Parks Department and would have to be counted when computing total hours worked
for purposes of overtime. Moreover, he would not be able to serve additional hours as a
“volunteer” firefighter for the County because of the statutory prohibition against an employee
volunteering to his own agency to perform the same type of services he is employed to
perform. However, even if the Park Department and Fire and Rescue Department are not
separate agencies, if the employee substitutes paid personal leave earned – which the employee
may use as the employee sees fit, including for time spent as a volunteer firefighter – for the
time off spent in volunteer activities that are not the “same type of service,” then the
individual’s status as a bona fide volunteer is not jeopardized and the hours would not be
compensable hours worked for the Parks Department for overtime purposes.

Q.14 Firefighter, cross-trained and licensed as an EMT/paramedic, is employed by County A
Fire and Rescue Department. The Fire and Rescue Department is not licensed to nor does it
provide advanced life support, although it does respond to medical emergencies, accidents, and
fires as first responders. The County A Department of Emergency Medical Services is licensed
and required to provide advanced life support services as first responders. Firefighter serves as
a volunteer EMT/Paramedic for the County A Department of Emergency Medical Services.

A.14 Similar to question 11, the determination of whether the firefighter, who is cross-trained
and licensed as an EMT/Paramedic, is a bona fide volunteer turns in part on whether the
County A Fire and Rescue Department and the County A Department of Emergency Medical
Services are the same public agency. Again, we refer you to the discussion of this question in
Wage and Hour Opinion Letter FLSA2003-2. Generally, “the government of a political
subdivision, e.g., county, city, etc., with all of its departments and agencies, constitutes a single
employer under the Act.” Field Operations Handbook § 10c11(a) (copy enclosed). Although
somewhat limited, it appears likely that the regulations provide that “[p]ublic safety employees
taking on any kind of security or safety function within the same local government are never
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considered to be employed in a different capacity.” 29 C.F.R. § 553.30(c)(3) (copy enclosed).
This is based on the 1985 legislative history instructing the Department to interpret the phrase
working in a different capacity “in the strictest sense” with regard to public safety employees.
See House Report No. 99-391, October 24, 1985, p. 25; Wage and Hour Opinion Letters
FLSA2004-26NA (Oct. 29, 2004) and FLSA2004-25NA (Oct. 22, 2004) (copies enclosed).
Therefore, we have previously concluded that an individual employed as a fire marshal could
not volunteer as a firefighter for the same employer (Wage and Hour Opinion Letter September
3, 1999) (copy enclosed), and that firefighter/EMS employees could not volunteer as tactical
EMS medics for their employer’s police department SWAT team (see Wage and Hour Opinion
Letter August 19, 1999) (copy enclosed).

Your letter provides no specific information regarding whether state law and the Census treat
the County A Department of Emergency Medical Services as a separate public agency,
including whether its payroll retirement and other personnel systems are separate, and whether
it may sue and be sued in its own name. Additionally, you provide no evidence concerning the
extent to which the County A Fire and Rescue Department exercises day-to-day control, if at
all, over the volunteer services provided to the County A Department of Emergency Medical
Services. Consequently, we are unable to determine if the entities should be considered the
same public agency. If the agencies are determined to be separate public agencies under the
FLSA, it is not necessary to determine if the individuals perform the same type of services.

However, in the event the agencies were not separate, while your scenario provides that there
are some differences in the type of services provided in each role, there is insufficient
information on the total scope of services in each role to make a “same type of services”
determination, and, consequently, we are unable to provide a definite response to this question
for that reason also.

Q.15 Police Officer is employed by County A Bureau of Police, where he responds to medical
emergencies, accidents, and fires as a first responder but provides no medical or life support.
The Police Officer also volunteers for County A Fire and Rescue Department (a joint powers
board of County A and City A) where he responds to medical emergencies, accidents and fires
and provides medical and other life support.

A.15 Again, the determination of whether the police officer, who is a first responder, is a bona
fide volunteer turns in part on whether the person is volunteering for the same public agency
that employs the individual as a police officer and, if so, whether the volunteered services are
the same as those the person is employed to provide. We refer you to the discussion of the
factors to consider in making this determination as outlined in Wage and Hour Opinion Letter
FLSA2003-2. Again, a “same type of services” determination can be made only after an
examination of all the facts and circumstances of a particular case. We assume that, even
though both agencies respond to the same types of emergencies, the Bureau of Police does not
provide medical or life support services that the Fire and Rescue Department provides. It is our
general position that the definition of “same type of services” typically allows for a
determination that police and firefighters provide a different type of service, consistent with
their different Dictionary of Occupational Titles categories. As explained in Wage and Hour
Opinion Letter FLSA2003-2, merely responding to the same emergencies, such as traffic
Page 9 of 10

accidents and fire calls, or acting as a medical first responder on occasion will typically not
change the inherent difference in the two occupations. Accordingly, while we believe, for the
reasons cited, that the police officer described in your scenario probably may volunteer as a
firefighter without incurring FLSA wage liability, without more information on the relationship
of the agencies, we are constrained in providing a definitive answer on this question.

We are also enclosing a copy of Wage and Hour Opinion Letter July 7, 1999 that addresses
issues very similar to those raised in this and your September 16, 2002 letter. This letter may
provide further guidance to you and your members concerning the volunteer issue.

This opinion is based exclusively on the facts and circumstances described in your request and
is given based on your representation, express or implied, that you have provided a full and fair
description of all the facts and circumstances that would be pertinent to our consideration of the
question presented. Existence of any other factual or historical background not contained in
your letter might require a conclusion different from the one expressed herein. You have
represented that this opinion is not sought by a party to pending private litigation concerning
the issue addressed herein. You have also represented that this opinion is not sought in
connection with an investigation or litigation between a client or firm and the Wage and Hour
Division or the Department of Labor.

We trust you will find the above discussion and analysis responsive to your request.
Sincerely,

Alfred B. Robinson Jr.
Acting Administrator

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C.
§ 552(b)(7).
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