Employers with fact-specific questions arising under the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other federal wage and hour laws may once again seek guidance directly from the U.S. Department of Labor. On June 27, 2017, U.S. Secretary of Labor Alexander Acosta announced that the Department will reinstate the issuance of opinion letters. An opinion letter is an official, written opinion by the Wage and Hour Division of how the law applies to specific facts presented by an employer. The identity of the employer requesting the opinion letter remains anonymous in the response, which is made publicly available on the Department’s webpage. Importantly, opinion letters may be relied upon as a good faith defense to wage and hour claims arising under the FLSA.
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