Do employers have to classify qualified employees as exempt from overtime pay if they don’t want to? Can FMLA leave be used to travel to and from medical appointments? The Department of Labor (DOL) recently released six new opinion letters offering employers guidance on these specific issues and more that arise under federal minimum wage and family leave laws. While these letters provide employers with some guidance, the responses are specific to scenarios submitted by employers, employees, and other organizations. Here’s what the DOL had to say about these tricky wage and leave situations and how the answers could apply to your business.
Overtime Pay Exemptions
Quick Facts
This opinion letter considered whether a Licensed Clinical Social Worker could be classified as exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements despite the employer removing supervisory responsibility and reclassifying the employee to non-exempt. The letter was requested by an employee who apparently objected to the employer’s decision and wanted to keep exempt status.
DOL’s Response
The Wage and Hour Division (WHD) explained that even with the removal of supervisor responsibilities, the employee’s primary duty necessitated the performance of “work requiring advanced knowledge in a field of science or learning” which would qualify for the “learned professional exemption” under the FLSA. The DOL noted that state law (Utah) required a master’s or doctoral degree to qualify for...
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