Effective March 26, 2009, the DOL withdrew an interpretation of the FLSA published on December 18 and 19, 2008. The interpretation had indicated that the FLSA and its implementing regulations did not require employers to reimburse workers under the H-2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses, even when such costs would result in the workers being paid less than the minimum wage. This interpretation was withdrawn for further consideration by the DOL and “may not be relied upon as a statement of agency policy.”

The notice, which was published in the Federal Register on March 26, 2009, is available here.