FLSA Opinion Letters Re-Issued

Late last week, the Department of Labor has reinstated nearly 20 “opinion letters” that had been published during the Bush Administration, but not been followed during the Obama years. These opinions serve as guidance to employers on how the DOL will enforce certain aspects of federal labor law, the Fair Labor Standards Act (FLSA). The opinion letter covers a variety of wage and hour related questions, such as how is overtime pay calculated and whether personal absences may be deducted from exempt workers’ pay checks where PTO days have been used up. In these instances, the DOL has stated that discretionary bonuses are not to be included in determining a worker’s standard rate of pay, and that personal absence of less than a day are not to be taken out of an exempt worker’s pay check whereas it is permissible for time taken in excess of a day.

Other opinions relate to how to determine whether a worker is an intern or employee. Several industry specific opinions have been issued as well, including health care workers, sales technicians, transportation officials and construction workers.

For more information or if you have any wage and hour question, please contact the dedicated Atlanta wage and hour lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.