Minimum Wage, Over-Time, Opinion Letter

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

Conn Maciel Carey LLP on 6/11/2025

The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...more

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

Bowditch & Dewey on 1/22/2025

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

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

Littler on 1/19/2021

On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to...more

DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation

Hinshaw & Culbertson - Employment Law... on 9/22/2020

By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more

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

Epstein Becker & Green on 9/14/2020

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

DOL’s Fluctuating Workweek Opinion Letter Leaves Us With Unanswered Questions

Fisher Phillips on 9/1/2020

The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter yesterday addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below...more

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on 2/5/2020

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

Akerman LLP - HR Defense on 7/24/2019

Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the...more

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

Poyner Spruill LLP on 7/16/2019

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

Office of the General Counsel of the National Labor Relations Board says that Uber Drivers are not Employees

Hogan Lovells on 5/20/2019

In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more

DOL Issues New FMLA, FLSA Guidance to Employers

Foley & Lardner LLP on 3/20/2019

Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters...more

DOL Issues Three Opinion Letters Regarding Employer Designation of FMLA Leave, Bonuses to Employee Volunteers, and Compensation of...

Littler on 3/19/2019

The U.S. Department of Labor's Wage and Hour Division (WHD) issued three new opinion letters on March 14, 2019. ...more

Minimum Wage › Over-Time › Opinion Letter