Josh Harrison

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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DOL Opinion Letter Applies the Highly Compensated Employee Exemption to Paralegals

In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-8 addressing whether paralegals are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the...more

8/28/2019 / Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Highly Compensated Employees , Opinion Letter , Paralegal , Wage and Hour , White-Collar Exemptions

What the DOL Guidance on Nondiscretionary Bonuses Means for Nonexempt Employees

A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate...more

8/28/2019 / Bonuses , Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Non-Exempt Employees , Opinion Letter , Wage and Hour

Department of Labor Applies Ministerial Exception Under the Fair Labor Standards Act

The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor...more

1/9/2019 / Churches , Department of Labor (DOL) , Exceptions , Fair Labor Standards Act (FLSA) , Ministerial Function , Opinion Letter , Religious Exemption , Religious Institutions , Wage and Hour

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