News & Analysis as of

Wage & Hour Division (WHD) Opinion Letter

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

Fisher Phillips

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

Fisher Phillips on

The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more

Fisher Phillips

Dear Abby: What’s Your Opinion On DOL Opinion Letters? A Brief Primer On Opinion Letters And Why The New Administration Should...

Fisher Phillips on

An often-overlooked free resource available to employers and practitioners, the Department of Labor’s opinion letters provide guidance to interpret federal wage and hour law. However, just as the Obama administration placed...more

Proskauer - Law and the Workplace

DOL Begins Withdrawal of Trump-Era Opinion Letters

As expected, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the withdrawal of three opinion letters issued in the waning days of the Trump administration.  The opinion letters being withdrawn are...more

Proskauer - Law and the Workplace

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six....more

Proskauer - Law and the Workplace

Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers

On December 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters—one on home-to-office travel time and one on live-in caregivers. Such “lame duck” opinion letters—issued...more

Epstein Becker & Green

U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and...

Epstein Becker & Green on

At the end of August, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued four new opinion letters addressing various issues arising under the Fair Labor Standards Act (“FLSA”). The topics covered include the...more

Perkins Coie

DOL Clarifies Fluctuating Workweek Hours Requirement And Other Issues In New Opinion Letters

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued four opinion letters addressing various exemption and compensation requirements under the Fair Labor Standards Act (FLSA), including standards for...more

Bradley Arant Boult Cummings LLP

Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often...more

Poyner Spruill LLP

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

Poyner Spruill LLP on

On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more

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

DOL Opinion Letter Clarifies Designation and Use of FMLA Leave

On March 14, 2019, Keith Sonderling, the acting administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued an opinion letter clarifying the DOL’s position on designating and taking leave under...more

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