Since its passage in 1938, the Fair Labor Standards Act (FLSA) has exempted, "any employee employed in a bona fide executive, administrative, or professional capacity … (as such terms are defined and delimited from time to time by regulations of the secretary …)" from the requirement to pay minimum wage or overtime to employees. The meaning of this phrase and the nature and extent of the U.S. Department of Labor's (DOL) authority to "define and delimit" the so called "white collar" or "EAP" exemption recently has been called into question by U.S. Supreme Court Justice Brett Kavanaugh's dissenting opinion (which was joined by Justice Samuel Alito) in Helix Energy Solutions Group v. Hewitt.