Case Document 184-11 Filed 02/15/13 Page 1 of 1 Office of the Solicitor US. Deeartment of Labor Washington, 13.0. 20210 February 14, 2013 Roy L. Austin, Jr. Deputy Assistant Attorney General Civil Rights Division US. Departrnent of Justice 950 Avenue, NW Washington, DC 20530 Dear Mr. Austin: In response to your request, we have reviewed portions -of the C-onsent Decree in United States v. City 0fNaw Orleans (No. 12-1924 the Department of Justice's January 9, 2013 submission to the Court, the City of New Orleans' January 1 1, 2013 subrniss-ion to the Court, portions of the Department of Justice's report entitled ''Investigation of the New Orleans Police Department," and the New Orleans Police Department's report entitled "Reforming Paid Details." Based on our review of those materials as well as consideration of applicable regulations and opinion letters, it is our opinion that section 1) of the Fair Labor Standards Act (FLSA), 29 U.S.C. would apply to the particular special details described in the Consent Decree and permit the New Orleans Police Department to exclude its police ofiicers' hours worked on 'those special details when calculating the officers' hours worked for purposes of determining whether they are" entitled to overtime compensation under section 7 of the' FLSA, 29 U.S.C. 207. If we can be of any further assistance on this matter, please let me know. Sincerely, 6/wot? Jennifer Brand Associate Solicitor Fair Labor Standards Division Office of the Solicitor United States Department of Labor