Warshauer v. Solis
United States Court of Appeals for the Eleventh Circuit
577 F.3d 1330 (2009)
The Secretary of Labor (defendant) issued website advisories interpreting the reporting statute to classify union-recommended personal-injury attorneys (DLCs) as employers subject to Form LM-10 disclosure requirements, and setting the statute's existing de minimis exemption threshold at $250; Warshauer (plaintiff), a DLC required to file the form, challenged both interpretations as legislative rules requiring notice-and-comment rulemaking that the Secretary never conducted. The district court found the interpretations did not trigger that requirement, and Warshauer appealed.
Whether a rule that does not create new law, rights, or duties is interpretive and therefore not subject to notice-and-comment rulemaking.