DOL Publishes New Opinion Letters

The U.S. Department of Labor recently published four new opinion letters on the following issues:

• FLSA2021-6: Addressing whether staffing firms that recruit, hire and place employees on assignments with clients may qualify as “retail or service establishments” for purposes of the Section 7(i) exemption from the FLSA’s overtime pay requirements;
• FLSA2021-7: Addressing whether certain local small-town and community news source journalists are creative professionals under Section 13(a)(1) of the FLSA;
• FLSA2021-8: Addressing whether certain distributors of a manufacturer’s food products are employees or independent contractors under the FLSA; and
• FLSA2021-9: Addressing whether requiring tractor-trailer truck drivers to implement safety measures required by law constitutes control by the motor carrier for purposes of their status as employees or independent contractors under the FLSA and whether certain owner-operators are classified properly as independent contractors.

An opinion letter is an official, written opinion by the DOL 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.