New Independent Contractor Rules? Not So Fast

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 …

Section 13(a)(3): What is an Amusement or Recreational Establishment?

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 …

The Last Lame Duck Opinion Letters from the Trump Administration

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 …

DOL Announces Final Rule on Determining Independent Contractor Status under the FLSA

On January 6, 2021, the United States Department of Labor (“DOL”) announced a final rule that addresses the distinction between employees and independent contractors under the Fair Labor Standards Act (“FLSA”).  The final rule will be published in the Federal Register on January 7, 2021 but will not take effect …

Potential Changes to Wage and Hour Laws under the Biden Administration

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 …

Tracking Hours Worked Remotely

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 …

Reimbursement of Personal Vehicle Use for Non-Exempt Employees

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 …

Highly Compensated Employee, Learned Professional Exemption

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 …

Calculating Overtime Pay With Fluctuating Workweek Method

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 …

Retail Sales Overtime Exemption Examined in DOL Letter

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 …