DOL Withdraws Plan to Remove 450+ FLSA Interpretive Rules
The DOL officially withdrew its proposal to remove numerous FLSA interpretive rules this week.
Why it matters: Maintaining these interpretive rules offers employers and legal advisors regulatory clarity and stability in wage and hour compliance. It balances change with compliance certainty amid evolving labor standards.
- On October 6, 2026, the DOL formally withdrew its July 2025 proposal to remove certain FLSA interpretive rules.
- The proposal targeted parts of Title 29, Chapter V, Subchapter B of the CFR lacking notice-and-comment rulemaking.
- With the withdrawal, existing interpretive rules and policy statements remain in the CFR, keeping current compliance obligations intact.
- The DOL stated the withdrawal preserves the status quo amid changing agency priorities.
On October 6, 2026, the U.S. Department of Labor (DOL) officially withdrew a proposal initially published on July 2, 2025, that sought to remove a large set of interpretive rules and policy statements related to the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR).
The original proposal aimed to eliminate provisions found in Title 29, Chapter V, Subchapter B of the CFR, specifically those that were not issued or updated through formal notice-and-comment rulemaking processes. The intent was to clarify that many of these provisions constituted interpretive guidance rather than binding regulations.
However, after reviewing public feedback and reconsidering agency goals, the DOL determined that this removal no longer aligned with its current priorities. The agency's formal withdrawal means that these interpretive rules and policy statements will remain intact within the CFR.
According to the CWC update, this withdrawal preserves the status quo, ensuring employers' compliance obligations under the FLSA remain unchanged and providing continuity for legal professionals advising on wage and hour matters.
For employers and law firms, this decision avoids potential confusion and litigation risks that could arise from the sudden removal of long-standing interpretive guidance. It underscores the DOL's measured approach in balancing regulatory clarity with operational stability in wage and hour law enforcement.
By the numbers:
- 450+ interpretive rules and policy statements — initially targeted for removal under the 2025 proposal
- July 2, 2025 — date when the DOL first published the proposal to remove FLSA interpretive guidance
- October 6, 2026 — date the DOL officially withdrew the proposal