Wage and Hour Division Issues New Opinion Letters

The following information is cited by The U.S. Department of Labor:

The U.S. Department of Labor announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA).

The (FSLA) is a federal law that establishes rules regarding employees rights such as minimum wage, overtime pay, record-keeping, and other work-related issues in the private sector as well as all levels of government.

“As businesses continue to reopen and rebuild, the Wage and Hour Division will continue to make clear the rules of the road during the economic recovery allowing workers to return to work and prosper again, stated by aid Wage and Hour Administrator Cheryl Stanton.”

The DOL lists these opinion letters as the following:

  • FLSA2020-11: Addresses whether a private “oilfield service company” that provides waste-removal services for oilfield operators may qualify as a “retail or service establishment” eligible to claim the FLSA’s Section 7(i) exemption for certain truck drivers whom it employs;
  • FLSA2020-12: Addresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment;
  • FLSA2020-13: Addresses whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA; and
  •  FLSA2020-14: Addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.

“The public can search for existing opinion letters by keyword, year, topic and a variety of other filters on the Department’s website. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.”

You may also find more information about the opinion letters on the DOL website by clicking here.

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