DOL Issues New Opinion Letters Clarifying FLSA Compliance

The opinion letters issued on May 28 by US Department of Labor (DOL)’s Wage and Hour Division address common wage and hour risks, including exempt status, meal periods, the impact of quarterly bonuses on the regular rate calculation and routine pre-shift activity, off-the-clock work and rounding practices. The opinion letters also provide useful guidance on how the DOL may apply the Fair Labor Standards Act (FLSA)  in particular fact situations. Employers can use opinion letters in litigation to help defend against allegations that a violation of the FLSA was “willful.”

DOL:
US Department of Labor Issues 4 Opinion Letters Addressing Overtime Exemptions, Bonuses, Compensable Time

Jackson Lewis:
New DOL Opinion Letters Clarify Exempt Status, Quarterly Bonuses, Meal Periods + Pre-Shift Activities