In many ways, the validity of various federal regulations could be described as a roller coaster of sorts as well, as evidenced by action last week by the Department of Labor. Recall that during the final days of the George W. Bush administration, the Wage & Hour Division issued a number of opinion letters interpreting application of the Fair Labor Standards Act (FLSA) and how it would be applied in individual cases with regard to overtime and other wage requirements. When the Obama administration took office, those opinion letters to employers were replaced by “Administrator Interpretations”, which for the next 8 years created and enforced much more stringent employer obligations under the FLSA. Now, with the Trump administration in the White House, 17 of the Bush opinion letters were revived earlier this month and are now back in effect, while other provisions of the FLSA undergo further review by the Trump administration. On another matter, this same DOL under President Trump just last Friday scrapped the Obama-era test for determining when an employer may offer unpaid internships. The 6-part test was implemented by the Obama Administration back in 2010, but has now been replaced by the “primary beneficiary” test that has long been favored by the courts.