FLSA2018-17 — Construction supervisors employed by homebuilders and section 13(a)(1)

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.