During the Trump Administration, the Wage and Hour Division (“WHD”) of the United States Department of Labor (“DOL”) resumed the practice of issuing formal Opinion Letters that shed light on how the agency would interpret and enforce wage and hour laws and regulations. The Obama administration generally elected to provide …
In a January 15, 2021 Opinion Letter, the DOL took a deep dive into the origins and development of the amusement and recreational establishment exemption codified at 29 U.S.C. § 213(a)(3) to address several questions and issues about its nature and scope. Three separate entities requested guidance on the same …
On January 19, 2021, the Wage and Hour Division (WHD) of the United States Department of Labor (DOL) issued several opinion letters addressing issues and questions related to exemptions and potential misclassification under the Fair Labor Standards Act (FLSA). Three of those opinion letters are addressed in this article. Retail …
Update: Effective May 6, 2021, this Final Rule has been formally withdrawn. According to the Department of Labor, this Final Rule had never been used by any court or the Wage and Hour division, and is not supported by the Fair Labor Standards Act’s text, purpose, or judicial precedent. …
Presidential elections in the United States can have a significant impact on how laws are enforced or changed from one administration to the next, especially where the political party of the President switches as a result of the election, as in 2020. With the Biden administration beginning its transition to …
On August 24, 2020, the United States Department of Labor (“DOL”) issued a Field Assistance Bulletin in order to provide guidance regarding employers’ obligation under the Fair Labor Standards Act (“FLSA”) to make and maintain accurate records of any employees who worked remotely as in away from any worksite or …
The Wage and Hour Division (WHD) of the United States Department of Labor (DOL) recently issued a letter that examines the nature and scope of non-exempt employees’ right to receive reimbursement for expenses related to use of a personal vehicle for work. (Opinion Letter FLSA2020-12) A company that employs delivery …
The Wage and Hour Division (WHD) of the United States Department of Labor (DOL) recently issued an opinion letter that addresses questions regarding the learned professional exemption and the highly compensated employee exemption. The company who requested the opinion letter is engaged in executive education for a variety of companies …
The Wage and Hour Division of the United States Department of Labor (DOL) recently issued a letter that examines the method of calculating overtime pay under the Fair Labor Standards Act (FLSA) when using the fluctuating workweek method. (Opinion Letter FLSA2020-14) In general, the FLSA requires employers pay nonexempt employees …
The United States Department of Labor (DOL) continues to moderate its review of what types of businesses may be able to assert the retail sale exemption from the overtime pay requirements of the Fair Labor Standards Act (FLSA). A new DOL opinion letter recently issued specifically examines this overtime exemption …
