DOL Issues Three New Opinion Letters

On January 7, 2020, the Department of Labor’s Wage and Hour Division (WHD) issued three new opinion letters on the following issues:

• FLSA2020-1: Addressing calculating overtime pay for a non-discretionary lump sum bonus paid at the end of a multi-week training period.
• FMLA2020-1-A: Addressing whether a combined general health district must count the employees of the County in which the health district is located for the purpose of determining FMLA eligibility for its employees.
• FLSA2020-2: Addressing whether per-project payments satisfy the salary basis test for exemption.

An opinion letter is an official, written opinion by the WHD on how a particular law applies in specific circumstances presented by the individual person or entity requesting the letter. It is the administrative agency’s opinion on how the law should be applied which may be given deference by the courts. If you have questions about these opinion letters, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.