The US Department of Labor’s Wage and Hour Division just issued four opinion letters on May 28 answering real-world questions about employer practices and whether they comply with federal wage and hour law. These responses are specific to scenarios submitted by employers, employees, and other organizations, but the answers provide employers with a roadmap for compliance with the federal Fair Labor Standards Act (FLSA). A word of caution: the USDOL guidance is limited to interpretation of the FLSA and does not impact state law in jurisdictions that have more robust wage and hour laws. Here’s what the USDOL had to say and the key takeaways for your business.
OPINION LETTERS: WHAT ARE THEY AND DO THEY MATTER?
Opinion letters are formal, written guidance from DOL officials explaining to the public how the agency would apply the law to a specific set of facts. While the letters are not binding on courts, they do serve as a powerful compliance tool and can be used as persuasive authority in defending a claim under the FLSA or to demonstrate good faith to avoid liquidated damages. Anyone can request an opinion letter, and they’ve been used since the 1930s as a compliance lifeline for employers, unions, and workers alike. You can read more about the benefits here.
IS AN EMPLOYEE’S LONG WALK TO TAKE A MEAL BREAK OFF PREMISES COMPENSABLE?
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