Taylor-Callahan-Coleman Counties District Adult Probation Department v. Dole
United States Court of Appeals for the Fifth Circuit
948 F.2d 953 (5th Cir. 1991)
Relevant factsFree
The Department of Labor (defendant) issued two 1988 opinion letters (not addressed to the District specifically) stating probation officers were not exempt from FLSA overtime requirements, contradicting an earlier 1974 letter; the District (plaintiff) sued challenging the letters as improperly promulgated legislative rules, and the district court dismissed for lack of subject matter jurisdiction.
IssueFree
Whether an advisory letter issued by an agency is reviewable in court when the letter does not constitute a final agency action.