Earlier this year, the United States Department of Labor's Wage and Hour Division (DOL) issued six opinion letters designed to, according to the DOL...
Earlier this year, the United States Department of Labor's Wage and Hour Division (DOL) issued six opinion letters designed to, according to the DOL, "promote clarity, consistency, and transparency in the application of" the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).
The letters, which we summarize below, address various pay requirements under the FLSA and also provide guidance regarding certain provisions of the FMLA.
FLSA2026-1: The FLSA's Learned Professional Exemption
Under the FLSA, covered employers must pay employees at least the federal minimum wage for all hours worked and overtime pay of at least one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek. However, the FLSA includes many exemptions from its wage and hour requirements, including an exemption from minimum wage and overtime requirements for employees working in a "bona fide executive, administrative, or professional capacity." In DOL Opinion Letter FLSA2026-1, the Wage and Hour Division specifically addresses the application of the "learned professional" exemption.
Generally, to meet this exemption, the employee's "primary duty" must involve performing "work requiring advanced knowledge" that is "in a field of science or learning" which is "customarily acquired by a prolonged...
Kenneth Scott Miller, 48, is charged with a felony count of making a false report to law enforcement. He was released from the Escambia County Jail on a $500 bond. According to an Escambia County ...