U.S. DOL Issues Four New Wage and Hour Opinion Letters

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U.S. DOL ISSUES FOUR NEW WAGE AND HOUR OPINION LETTERS

The U.S. Department of Labor has announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA).

The opinion letters issued on August 31, 2020 are:

  • FLSA2020-11: Addresses whether a private “oilfield service company” that provides waste-removal services for oilfield operators may qualify as a “retail or service establishment” eligible to claim the FLSA’s Section 7(i) exemption for certain truck drivers whom it employs;
  • FLSA2020-12: Addresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment;
  • FLSA2020-13: Addresses whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA; and
  •  FLSA2020-14: Addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.

Additional opinion letters are located on the Department’s website. The Department also allows the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions.

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