Division of Fair Labor Standards (FLS)

The Solicitor's Fair Labor Standards Division is responsible for providing legal services in connection with the U.S. Department of Labor's administration and enforcement of a broad range of Federal labor standards laws providing basic protections for the Nation's workforce. These include:

the minimum wage, overtime pay, child labor, and break time for nursing mothers provisions of the Fair Labor Standards Act;
wage and working condition protections for farm workers under the Migrant and Seasonal Agricultural Workers Protection Act (MSPA);
enforcement of OSHA field sanitation and temporary labor camp standards;
leave entitlement and job protections under the Family and Medical Leave Act;
prevailing wages for workers on federal contracts under the Service Contract Act and Davis-Bacon and Related Acts;
worker garnishment protections;
various worker protections afforded to temporary foreign workers, including workers with H visas;
numerous laws protecting whistleblowers; and
various other laws providing basic labor protections to workers.

The Division is primarily responsible for appellate litigation, as well as for the preparation of regulations, interpretations, and opinions pertaining to these statutes, and otherwise advising the Solicitor, the Wage and Hour Division and the Directorate of Whistleblower Protection Programs in the Occupational Safety and Health Administration (OSHA) on these matters.

Accomplishments:

Provided extensive legal advice and drafting assistance in major rulemakings, such as:

updating the overtime regulations by increasing the salary level needed for "white collar" executive, professional and administrative employees to be exempt from overtime pay, which automatically extends overtime protections to over 4 million workers; and
issuing the Home Care rule extending minimum wage and overtime protections to most of the Nation's workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities.

Successfully assisted the Solicitor General's Office in convincing the U.S. Supreme Court that a Wage-Hour interpretive regulation, reversing a previous agency interpretation, did not need to go through notice and comment rulemaking and was procedurally valid under the Administrative Procedure Act (Perez v. Mortgage Bankers Assoc. opinion, brief)
Successfully assisted the Solicitor General's Office, as amicus, in a case in which the Court upheld the use of representative testimony in class and collective actions brought by workers for overtime violations (Tyson Foods v. Bouaphakeo opinion, brief).
Successfully convinced the D.C. Circuit Court of Appeals (assisting the U.S. Department of Justice) to uphold the Home Care rule that provides minimum wage and overtime protection for home care workers employed by home care agencies. (Weil v. Home Care Association opinion , brief)

What We Do:

The Division's attorneys handle:

appellate litigation, including:

appeals before administrative bodies or in federal courts stemming from agency enforcement actions (which cases are usually brought by our colleagues in the regional offices);
proposing and writing amicus briefs in cases concerning important labor standards and whistleblower protection issues; and
oral arguments before the U.S. Circuit Courts of Appeal.

regulation writing and review including writing new regulations after new laws are passed and updating existing regulations to reflect changes in the workplace;
legislative activities, such as reviewing or assisting in the drafting of proposed legislation and Congressional testimony that implicates labor standards or whistleblower protections; and
legal advice on a variety of issues related to labor standards and whistleblower protection, including:

agency policies;
interpretation of law;
enforcement initiatives;
internal guidance to investigators, and
materials for employees and employers to assist them in understanding their rights and responsibilities under the labor standards and whistleblower laws within the Division's responsibility.

Staff attorneys generally engage in all the functions of the Division (rather than receiving assignments only within a particular subject area). They normally receive individual assignments from each of the Division's counsels, the senior attorneys, and sometimes directly from the Associate and the Deputy Associate Solicitor. There is limited travel, usually averaging one to three overnight trips per year.

DOL Agencies Supported:

CONTACT INFORMATION:

DIVISION OF FAIR LABOR STANDARDS

200 Constitution Ave, N.W., Room N-2716
Washington, DC 20210

(202) 693-5555
(202) 693-5689 (FAX)
- ASSOCIATE SOLICITOR Jennifer S. Brand
  - DEPUTY ASSOCIATE SOLICITOR William C. Lesser
    - Counsel for Appellate Litigation Paul L. Frieden
    - Counsel for Child Labor and Special FLSA Projects Maria Van Buren
    - Counsel for Contract Labor Standards Jonathan T. Rees
    - Counsel for Legal Advice Lynn S. McIntosh
    - Counsel for Trial Litigation Jonathan M. Kronheim
    - Counsel for Whistleblower Programs Megan E. Guenther
    - Management and Program Analyst Omara S. Reach-Turner
    - Secretary Jennifer L. Arrington

PUBLISHED LEGAL BRIEFS:

Case Name	Brief Type	File Date
Mercier v. United States Department of Labor	Response brief	03/18/2016
Harte v. N.Y. City Transit Authority	Amicus brief	03/08/2016
Home Care Ass'n v. Weil, Administrator	Response brief	02/24/2016
Salinas v. Commercial Interiors, Inc.	Amicus brief	02/11/2016
Smith v. Perez	Response brief	02/11/2016
McFeeley v. Jackson St. Entertainment, LLC	Amicus brief	12/22/2015
Laidler v. Grand Trunk Western Railroad Co.	Amicus brief	11/25/2015
Morrison v. County of Fairfax, Va.	Amicus brief	11/23/2015
Amaya v. Power Design, Inc.	Amicus brief	11/18/2015
Smiley v. E.I. Dupont De Nemours and Co.	Amicus brief	11/02/2015
Perez v. Zhao "Jenny" Zeng Hong	Response brief	09/30/2015
Perez v. Huang "Jackie," Jie	Response brief	09/30/2015
Tyson Foods, Inc. v. Bouaphakeo	Amicus brief	09/29/2015
Administrator v. Strates Show Inc.	response brief	8/28/2015
Gupta v. Headstrong, Inc.	amicus, supporting affirmance	08/07/2015
Rhea Lana, Inc. v. Department of Labor	Response brief	07/02/2015
Collins v. Ameriprise Financial Services	Amicus brief	06/26/2015
Continental Airlines, Inc. v. Administrative Review Board	response brief	6/22/2015
Rosenfield v. GlobalTranz Enterprises, Inc.	Amicus brief	06/18/2015
Henry Perez v. The City of New York	Amicus, supporting reversal	6/15/2015
Perez v. Contingent Care	response brief for the Secretary of Labor	06/03/2015
Dekalb County, Georgia v. U.S. Department of Labor	response brief	5/26/2015
Deltek Inc. v. DOL/ARG & Gunther	response brief for the Secretary of Labor	05/11/2015
Moore v. National Railroad Passenger Corp. (Amtrak)	amicus opposing motion for stay of reinstatement	5/8/2015
BNSF v. ARB/DOL and Cain	response brief	05/05/2015
Saleem v. Corporate Transp., Group	amicus in support of plantiffs-appellants	04/28/2015
Nesbitt v. FCNH, Inc.	amici, supporting defendant	04/22/2015
Perez v. El Pato, Inc.	brief, for petitioner	04/06/2015
Cheeks v. Freeport Pancake House	amicus letter brief	3/27/2015
Mencia v. Allred	amicus	02/24/2015
Home Care Ass'n v. Weil (D.C. Cir)	brief for appellants	2/20/2015
Perez v. Darryl Howes Farms	response brief	1/22/2015
Safarian v. American DG Energy Inc. v. Multiservice Power, Inc.	amicus	01/12/2015
Lee v. Norfolk Southern Railway Co.	amicus	12/29/2014
Willbanks v. Atlas Air Worldwide Holdings, Inc.	amicus, supporting remand	12/16/2014
Gate Guard Services, LP.; Bert Steindorf v. Thomas E. Perez, Secretary, Department of Labor	response and reply brief for the Secretary of Labor	11/24/2014
Byron v. I.E.H. Laboratories	amicus	10/14/2014
Gate Guard Services, LP.; Bert Steindorf v. Thomas E. Perez, Secretary, Department of Labor	opening brief in support of the Secretary of Labor's appeal	09/05/2014
Home Care Ass'n v. Weil (D. D.C.)	memorandum, in support of motion to dismiss	8/22/2014
Norfolk Southern Railway Co. v. Perez.	response brief, for the Secretary of Labor	8/11/2014
Alvarado v. Corporate Cleaning Service, Inc.	amicus supporting plantiffs-appellants	7/17/2014
Glatt v. Fox Searchlight Pictures, Inc.	amicus, in support of plaintiffs-appellees	07/07/2014
Andrea Gail Jones v. Southpeak Interactive Corp.	Amicus, supporting affirmance	6/27/2014
Ameristar Airways v. Admin. Review Bd.	response brief	06/09/2014
Wallace v. Tesoro Corporation	amicus, in support of plaintiff-appellant and requesting reversal	06/02/2014
Tiga Logistics, LLC v. Perez	brief, in support of motion to dismiss	05/27/2014
Van Asdale v. International Game Technology	Amicus	05/09/2014
Wang v. The Hearst Corporation	amicus, in support of plaintiffs-appellants	04/04/2014
Stroud v. Mohegan Tribal Gaming Authority	amicus supporting affirmance	3/27/2014
Unified Turbines, Inc v. United States Department of Labor, and Nagle	brief for the Secretary of Labor	03/23/2014
Wiley v. Norfolk Southern Railway Company	amicus supporting denial of motion for summary decision	3/17/2014
Administrators v. Peter's Fine Greek Food, Inc.	brief, in support of petition for review	1/27/2014
DeFrancesco v. Union Railroad	amicus brief	01/13/2014
Secretary of Labor v. Lorraine Enterprises, Inc.	brief for the Secretary of Labor	01/13/2014
Orozco v. Plackis	amicus, supporting plaintiff-appellee	01/10/2014
Secretary of Labor v. Subcontracting Concepts, LLC.	response	12/23/2013
Consolidated Rail Corp. v. U.S. Dept of Labor	response brief	12/06/2013
Halliburton, Inc. v. Administrative Review Board	response	12/05/2013
Stroud v. Mohegan Tribal Gaming Authority	amicus supporting affirmance	11/19/2013
Reed v Norfolk Southern Railway Co.	amicus, supporting plantiff-appellee	11/13/2013
Perez v. Seafood Peddler	petition for writ of mandamus	10/12/2013
Chapman and Howard v. A.S.U.I. Healthcare and Development Center, and Simien	amicus, in support of plaintiffs-appellees	08/21/2013
Ratledge v. Norfolk Southern Railway Co.	amicus, in support of plaintiff in response to defendant's motion to dismiss	04/01/2013
Bailey v. Consolidated Rail Corp.	amicus, opposing motion to stay reinstatement	03/08/2013
Greathouse v. JHS Security, Inc., and Wilcox	amicus, supporting plaintiff-appellant	02/26/2013
Puri v. University of Alabama	amicus	02/04/2013
Neviaser v. Mazel Tec, Inc.	amici, supporting plaintiff-appellant	01/15/2013
Johnson v. U.S. Bancorp	amicus opposing motion for stay of reinstatement	1/11/2013
In re Wells Fargo Bank, N.A.	amicus, in support of respondents	01/03/2013
Torres v. Gristede's Operating Corp.	amicus, in support of plaintiffs-appellees	10/18/2012
Lucas v. Jerusalem Cafe, LLC.	amicus, in support of plaintiffs-appellees	09/24/2012
Scantland v. Knight	amicus, in support of plaintiffs-appellants	09/07/2012
Villanueva v. US Department of Labor	response brief	08/22/2012
Solis v. CSG Workforce Partners, LLC.	response brief for the Secretary of Labor	08/20/2012
CSG Workforce Partners, LLC., v. Watson	response brief for the Department of Labor	08/20/2012
Mendel v. City of Gibraltar	amicus, in support of plaintiff-appellant	08/01/2012
Boaz v. Fedex Customer Information Services, Inc.	amici, in support of plaintiff-appellant	07/11/2012
Norfolk Southern Railway Co. v. Solis. (Reply Memo)	reply memorandum, in support of motion to dismiss	6/25/2012
Favors v. Apple Creek Management Company, Inc.	amicus, in support of appellant	06/25/2012
Bala v. Port Authority Trans-Hudson Corp.	amicus	06/08/2012
Sutherland v. Ernst and Young, LLP.	amicus, supporting appellee and requesting affirmance	06/01/2012
Solis v. State of Texas	brief for the Secretary of Labor	05/04/2012
Norfolk Southern Railway Co. v. Solis.	motion to dismiss	4/30/2012
Evans v. United States Environmental Protection Agency	amicus	02/23/2012
Solis v. Hill Country Farms, Inc.	response brief for the Secretary of Labor	01/24/2012
Rivera v. Peri and Sons Farms, Inc.	amicus, in support of plaintiffs-appellants	01/19/2012
Sandifer v. United States Steel Corp.	amicus brief, supporting plantiffs - appellees/cross-appellants	11/18/2011
Lopez v. Tyson Foods, Inc.	amicus, in support of plaintiffs-appellants	10/24/2011
Ojeda-Sanchez v. Bland Farms, Llc.	amicus, in support of plaintiffs-appellants	09/09/2011
Dellinger v. Science Applications International Corp.	amicus, re appellant's petition for rehearing and rehearing en banc	09/09/2011
Lockheed Martin Corp. v. Administrative Review Board	response brief for the ARB	09/02/2011
Villanueva v. Core Laboratories NV and Saybolt de Colombia Limitada	amicus	08/23/2011
D.R. Horton, Inc. v. Michael Cuda	amicus	07/27/2011
Harris v. Auxilium Pharmaceuticals, Inc.	amicus, in support of plaintiff-appellee	07/18/2011
Solis v. Local 9477, United Steelworkers	reply, in support of plaintiff's motion for summary judgment	07/14/2011
Jafari v. Old Dominion Transit Management Company	amicus, in support of plaintiff-appellant	07/08/2011
Knepper v. Rite Aid Corp.	amicus, in support of plaintiffs-appellants	06/28/2011
Minor v. Bostwick Laboratories, Inc.	amicus, in support of plaintiff-appellant	06/23/2011
Solis v. Laurelbrook Sanitarium and School, Inc.	petition for rehearing en banc	06/13/2011
Schaefer-Larose v. Eli Lilly and Co.	amicus, in support of plaintiff-appellant	05/31/2011
Solis v. Local 234, Transport Workers Union	plaintiff's motion for summary judgment	04/27/2011
Solis v. Local 9477, United Steelworkers	memorandum in support of plaintiff's motion for summary judgment	04/27/2011
Lawson v. FMR, LLC.	amicus, in support of plaintiffs-appellees/cross-appellants supporting affirmance	04/08/2011
Shahriar v. Smith and Wollensky Restaurant Group, Inc.	amicus, in support of plaintiffs-appellees	02/25/2011
Christopher v. Smithkline Beecham Corporation	amicus, in support of plaintiffs-appellants' petition for panel rehearing and rehearing en banc	02/24/2011
Breeden v. Novartis Pharmaceuticals Corp.	amicus, in support of plaintiff-appellant	02/21/2011
Mullins v. City of New York	amicus, letter response	02/17/2011
Baden-Winterwood v. Life Time Fitness, Inc.	amicus, in support of plaintiffs-appellees	02/03/2011
Sylvester and Neuschafer v. Parexel International, LLC.	amicus	12/30/2010
Henry v. Quicken Loans, Inc.	amicus	12/09/2010
Dellinger v. Science Applications International Corp.	amicus, in support of plaintiff-appellant	10/15/2010
Ramos-Barrientos v. Bland and Bland Farms, LLC.	amicus, in support of plaintiffs-appellants	10/13/2010
Solis v. State of Washington, Department of Social and Health Services	opening brief for the Secretary of Labor	10/08/2010
Fast v. Applebee's International, Inc.	amicus, in support of plaintiffs-appellees	09/15/2010
Josendis v. Wall to Wall Residence Repairs, Inc.	amicus, letter	08/26/2010
Christopher v. Smithkline Beecham Corporation	amicus, in support of plaintiffs-appellants	08/10/2010
Solis v. Tennessee Commerce Bancorp, Inc.	response brief	07/19/2010
Johnson v. Siemens Building Technologies, Inc. and Siemens AG	amicus	07/16/2010
Parth v. Pomona Valley Hospital Medical Center	amicus, on appellant's petition for panel rehearing and rehearing en banc	06/23/2010
Evans v. United States Environmental Protection Agency	amicus	06/17/2010
Mercier v. Union Pacific Railroad and Kroger v. Norfolk Southern Railway Co.	amicus	05/21/2010
Cyberworld Enterprise Technologies, Inc. v. Janet Napolitano	response brief for the Secretary of Labor	04/12/2010
Perez v. Mountaire Farms, Inc.	amicus, in support of plaintiffs-appellees	02/25/2010
Santiago v. Metro-North Commuter Railroad Co., Inc.	post-trial brief	02/23/2010
Solis v. Hooglands Nursery, LLC.	response brief for the Secretary of Labor	02/05/2010
Solis v. Laurelbrook Sanitarium and School, Inc.	opening brief in support of the Secretary of Labor's appeal	02/03/2010
Parker v. Nutrisystem, Inc.	amicus, in support of plaintiffs-appellants	01/21/2010
Ervin v. Os Restaurant Services, Inc.	amicus, in support of plaintiffs-appellants	12/23/2009
Mull v. Salisbury Veterans Administration Medical Center	amicus	12/22/2009
In Re: Novartis Wage and Hour Litigation	amicus, in support of plaintiffs-appellants	10/13/2009
Castellanos-Contreras v. Decatur Hotels, LLC.	amicus, in support of plaintiff's-appellee's petition for panel rehearing and rehearing en banc	08/26/2009
Kasten v. Saint Gobain Performance Plastics Corporation	amicus, in support of plaintiff's-appellant's petition for panel rehearing and rehearing en banc	07/23/2009
Cumbie v. Woody Woo, Inc.	amicus, in support of plaintiff-appellant	04/29/2009
Jafari v. Old Dominion Transit Management Company	amicus, in support of plaintiff-appellant, informal	02/11/2009
Polycarpe v. E&S Landscaping Service, Inc.	amicus, in support of plaintiffs-appellants	01/27/2009
Kasten v. Saint Gobain Performance Plastics Corporation	amicus, in support of plaintiff-appellant	11/18/2008
Pirant v. USPS	amicus, in support of defendant appellee's petition for panel rehearing	10/31/2008
Harris v. Liberty Mutual Insurance Co.	amicus, in support of defendants-real parties in interest	07/01/2008
Barfield v. New York Health and Hospitals Corp., Bellevue Hospital Center	amicus, letter response	12/07/2007
Chao v. Matheson	response brief for the Secretary of Labor	11/29/2007
Dege v. Hutchinson Technology, Inc.	amicus, in support of plaintiff's motion for partial summary judgment	09/12/2007
Mullins v. City of New York	amicus, in the disposition of plaintiff's motion for summary judgment	07/20/2007
Taylor v. Progress Energy, Inc.	amicus, in support of defendant appellee's petition for rehearing en banc	07/16/2007
Intracomm, Inc. v. Bajaj	amicus	04/23/2007
Guyden v. Aetna, Inc.	amicus	02/21/2007
Welch v. Cardinal Bankshares, Corp.	opening brief in support of the Secretary of Labor's appeal	02/07/2007
Cook v. Hays	amicus, in support of defendants-appellees	11/16/2006
De Asencio v. Tyson Foods, Inc.	amicus, in support of plaintiffs-appellants	11/08/2006
Dougherty v. Teva Pharmaceuticals USA, Inc.	amicus, in support of defendant's motion to reconsider	11/03/2006
Rucker v. Lee Holding Co.	amicus, in support of plaintiff-appellant	10/19/2006
Ambrose v. U.S. Foodservice, Inc.	amicus	09/01/2006
Sarnowski v. Air Brook Limousine, Inc.	amicus, in support of plaintiff-appellant	08/24/2006
Chao v. Gotham Registry, Inc.	opening brief in support of the Secretary of Labor's appeal	08/21/2006
Welch v. Cardinal Bankshares, Corp.	memorandum in opposition to defendant's motion to dismiss	08/17/2006
Long John Silver's Restaurants, Inc. v. Cole, et al.	amicus, supporting appellants	06/21/2006
Coke v. Long Island Care at Home	amicus, in support of defendants-appellees, supplemental	06/19/2006
Buckner v. Florida Habilitation Network, Inc.	amicus, in support of defendant-appellant	04/28/2006
Long John Silver's Restaurants, Inc. v. Cole, et al.	amicus, letter response	01/17/2006
Chao v. Akron	response brief for the Secretary of Labor	12/16/2005
Long John Silver's Restaurants, Inc. v. Cole, et al.	amicus, letter response	12/13/2005
Harrell v. United States Postal Service	amicus, supporting defendant-appellee on panel rehearing, supplemental	11/30/2005
Harrell v. United States Postal Service	amicus, in support of defendant appellee's petition for panel rehearing and rehearing en banc	09/02/2005
Bechtel v. Competitive Technologies, Inc.	response brief for the Secretary of Labor	08/25/2005
Taylor v. Progress Energy, Inc.	amicus, in support of defendant appellee's petition for rehearing en banc	08/16/2005
Belt v. EmCare, Inc.	amicus, in support of plaintiffs-appellees	08/12/2005
Chao v. Rivendell Woods, Inc.	supplemental memorandum of the Secretary of Labor	06/06/2005
In Re: Ede v. Swatch Group	amicus	04/06/2005
Chao v. Rivendell Woods, Inc.	reply brief for the Secretary of Labor	02/16/2005
Senger v. City of Aberdeen, South Dakota	amicus, in support of plaintiff-appellant	01/11/2005
Chao v. Rivendell Woods, Inc.	opening brief in support of the Secretary of Labor's appeal	01/18/2005
McLaughlin v. Boston Harbor Cruise Lines, Inc. and Modern Continental Construction Co., Inc.	amicus, in support of plaintiff-appellant	08/20/2004
Anderson v. Chao	response brief for the Secretary of Labor	02/26/2004
Williams v. Administrative Review Bd.	amicus, letter response	02/20/2004
Niland v. Delta Recycling Corp.	amicus	01/22/2004
No. 03-71622 Dilts v. Todd Shipyards	on petition for review of a an order of the BRB	12/19/2003
Harbert v. Healthcare Services Group, Inc.	amicus	12/12/2003
In Re: Ken Technologies, Inc.	administrator's response	12/10/2003
Coke v. Long Island Care at Home	amicus	12/03/2003
Wickersham v. Hazelwood Buick-Pontiac Co.	amicus	11/24/2003
Administrator, Wage and Hour v. Keystone Floor Refinishing, Inc.	administrator's response	10/30/2003
Administrator, Wage and Hour v. Keystone Floor Refinishing, Inc.	administrator's response	10/17/2003
In Re: Fargo VA Medical Center	administrator's response	09/24/2003
Tum v. Barber Foods, Inc.	amicus, supporting petition for panel rehearing and rehearing en banc, supplemental	09/15/2003
Administrator, Wage and Hour v. Keystone Floor Refinishing, Inc.	in support of petition to review	08/22/2003
In Re: Rasputin	administrator's response	06/30/2003
Tum v. Barber Foods, Inc.	amicus, supporting petition for panel rehearing and rehearing en banc	06/17/2003
Kutty v. Administrator, Wage and Hour	administrator's response	02/26/2003
In Re: Aztec Fire Prevention, Inc.	administrator's response	11/22/2002
Chao v. A-One Medical Services, Inc.	response brief for the Secretary of Labor	07/11/2002
Alvarez v. IBP	amicus	06/10/2002
No. 01-12379 Bailey v. Gulf Coast Transp.	amicus, supporting appellants	06/10/2001

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