DOL Publishes New Opinion Letters

The U.S. Department of Labor recently published four new opinion letters on the following questions raised under the Fair Labor Standards Act (FLSA):

• FLSA2020-11: Addresses whether a private “oilfield service company” that provides waste-removal services for oilfield operators may qualify as a “retail or service establishment” eligible to claim the FLSA’s Section 7(i) exemption for certain truck drivers whom it employs;
• FLSA2020-12: Addresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment;
• FLSA2020-13: Addresses whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA; and
• FLSA2020-14: Addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.

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.