News & Analysis as of

Opinion Letter

BakerHostetler

DOL Advises that Employers Cannot Require Use of PTO when Employees Are on FMLA Leave and Receiving Paid Statutory Benefits

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On Jan. 14, just days before the change in administration, the U.S. Department of Labor (DOL) issued an opinion letter regarding the Family and Medical Leave Act (FMLA) substitution rule, clarifying that employers cannot...more

Nilan Johnson Lewis PA

Department of Labor: Managers Must Keep Their Fingers Out of the Tip Jar – Even When They Helped Earn the Tips

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The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee...more

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

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

DOL Clarifies That Managers and Supervisors Can’t Wear Two Hats When It Comes to Tips

On January 14, 2025, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2025-1 pertaining to managers’ participation in a tip pool at a “quick service restaurant.” ...more

Vedder Price

DOL Reaffirms That Managers And Supervisors May Not Participate In Tip Pools

Vedder Price on

On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances....more

Perkins Coie

DOL Clarifies Daily Expense Reimbursement Payments and Exclusions from Regular Calculations for Overtime Pay

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more

Fisher Phillips

Colorado Unveils New Privacy Rules: What Businesses – Including Employers – Need to Know to Stay Compliant

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The Colorado attorney general’s office just adopted significant updates to the Colorado Privacy Act (CPA) rules, which will soon introduce new obligations related to biometric data, employee biometrics, children’s privacy,...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

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On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Husch Blackwell LLP

New Colorado Privacy Act Rules Adopted

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Keypoint: The attorney general’s office modified the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

Klein Moynihan Turco LLP

A Fantasy Sports Opinion Letter is a Necessity

Klein Moynihan Turco LLP on

The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law...more

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

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

Jackson Lewis P.C.

DOL Opinion Letter Addresses Expense Reimbursement and Regular Rate

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The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor...more

Fox Rothschild LLP

Delaware Chancery Court Reinforces Strict Requirements for Section 220 Demands in Floreani v. FloSports Decision

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On October 31, 2024, the Delaware Court of Chancery issued a letter opinion in Martin Floreani v. FloSports, Inc. that underscores Delaware’s exacting standards for stockholder inspection rights under 8 Del. C. § 220...more

Baker Botts L.L.P.

Colorado Attorney General Proposes Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more

Husch Blackwell LLP

Proposed Draft Amendments to Colorado Privacy Act Rules Published

Husch Blackwell LLP on

Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

Cozen O'Connor

Employment Law Now VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling

Cozen O'Connor on

Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of...more

Bradley Arant Boult Cummings LLP

A Commentary On the Viability of Insured Attorney Opinion Letters as an Alternative To Title Insurance

With Fannie Mae, Freddie Mac and others embracing attorney opinion letters (AOLs) as an alternative to title insurance for residential mortgages, Bradley’s Title Insurance Claims & Title Defect Curative Practice Group took a...more

Sullivan & Worcester

Ameek Ashok Ponda Submits Comments to IRS to Address Favorably REITs Deploying Renewable Energy Infrastructure at their Properties

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On April 16, 2024, Ameek Ashok Ponda, with assistance from Paul Decker, Sarah Wellings and Connie Lee, submitted a comment letter to the Internal Revenue Service (IRS) regarding his recommendations for the 2024-2025 Priority...more

Fox Rothschild LLP

What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In

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I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated...more

Pullman & Comley, LLC

Significant 2023 Connecticut Health Care Case Law

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Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers summarizes a number of important decisions issued in 2023 by Connecticut state and federal courts. Among the highlights are...more

McGlinchey Stafford

What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

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The Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an...more

Womble Bond Dickinson

Handle with Care: FCPA Travel & Hospitality Expenses

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Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

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For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more

Jackson Lewis P.C.

What Retailers Can Take Away From Labor Department Opinion Letter on FMLA Leave and Holidays

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The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that...more

Perkins Coie

US Department of Labor Clarifies Calculation of FMLA Leave on Holiday Weeks

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The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more

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