Western Illinois Home Health Care, Inc. v. Herman

DIANE P. WOOD, Circuit Judge.

Administrative agencies make thousands, if not millions, of decisions every day, but only a small fraction of that massive output may be challenged immediately in a court. The question before us here is whether the Department of Labor, through an official in its Wage and Hour Division, issued a reviewable decision when the official sent a letter concluding that two companies owned by Barbara and Ron Byers should be characterized as a “joint employer” for purposes of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. Following the recommendation of…