FLSA2006-11NA — Executive secretary and coverage under section 3(e)(2)(C)

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

June 1, 2006 FLSA2006-11NA

Dear
Name*:

This letter is in response to your request on behalf of the
Name* (hereinafter Town) for an opinion
whether the Executive Secretary employed by the Town’s Finance Committee is excluded from
coverage under the Fair Labor Standards Act (FLSA). Based on the information you provided and
as discussed more fully below, it is our opinion that the Executive Secretary is excluded from FLSA
coverage pursuant to sections 3(e)(2)(C)(i) and (ii)(V) (copy enclosed).

You provided the following relevant information as part of your request either in your letter and the
attached documents or in a telephone conversation with a member of the Wage and Hour Division
staff:

• The Town’s legislative branch of government is the representative Town Meeting,
and the Finance Committee is an agency of the Town Meeting.
• The Town’s general Bylaws require that all Articles of Warrant calling for
appropriations be referred to the Finance Committee.
• The Finance Committee examines the budgets submitted by various Town
departments, then reports and provides recommendations on those budgets to the
Town Meeting.
• The Executive Secretary is employed by the Town’s Finance Committee and is not
subject to the civil service laws.

The FLSA is the Federal law of most general application concerning wages and hours of work. This
law requires that all covered and nonexempt employees be paid a minimum wage of $5.15 per
hour for all hours worked and overtime pay for all hours worked over 40 in a workweek. The FLSA
provisions apply to employees of state governments and political subdivisions, such as the Town,
except when the employment position is specifically excluded from the definition of “employee”
under the FLSA. FLSA sections 3(e)(2)(C)(i) and (ii)(V) specifically exclude legislative branch
employees who are not subject to the civil service laws of the state (or its subdivisions) and also
not employed by a legislative library. See 29 C.F.R. § 553.12(a); Wage and Hour Opinion Letter
April 7, 1993 (copies enclosed).

Accordingly, since the Executive Secretary is employed by an agency in the Town’s legislative
branch that is not a legislative library and the position is not subject to civil service laws, it is our
opinion that the Executive Secretary would be excluded from FLSA coverage pursuant to sections
3(e)(2)(C)(i) and (ii)(V).

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 issues
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.

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

We trust that this letter is responsive to your inquiry.

Sincerely,

Barbara R. Relerford
Fair Labor Standards Team
Office of Enforcement Policy

Enclosures:
FLSA section 3(e)(2)(C)
29 C.F.R. § 553.12(a)
Wage and Hour Opinion Letter April 7, 1993

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