On June 27, 2017 the U.S. Department of Labor (DOL) announced it would reinstate the practice of issuing Opinion Letters. The Wage and Hour Division will once again use Opinion Letters to provide guidance to employers and employees on various topics.

Under the Obama Administration, the DOL stopped issuing Opinion Letters in favor of the more broad “Administrator Interpretations.” Between 2010 and 2016, the DOL only published 11 Administrator Interpretations. Two of these 11 Interpretations were recently rescinded, as we previously reported.
Continue Reading The return of Department of Labor Opinion Letters

The United States Department of Labor (DOL) recently released two new opinion letters. Both are employer-friendly.

Opinion Letter FLSA2008-1 addressed whether purchasing agents in a private sector company were properly categorized as exempt administrative employees. Based on the specific context, DOL determined that the employees were exempt from overtime requirements. As a reminder, to meet the criteria for an administrative exemption, the position must: (1) meet the salary basis test; (2) have a “primary duty” of performing office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and (3) include the exercise of discretion and independent judgment with respect to matters of significance in performing the primary duties. 29 C.F.R. § 541.200(a).  

Continue Reading Wage and Hour Update: New Opinion Letters from DOL