DOL Withdraws Two More Opinion Letters

Volume: 20 | Issue: 14
February 24, 2021

The U.S. Department of Labor (DOL) has withdrawn two additional opinion letters addressing issues under the Fair Labor Standards Act (FLSA). Both opinions letters were issued in 2019.

The first, FLSA2019-6, addresses independent contractor status under the FLSA and has been withdrawn due to President Biden’s freeze of the pending independent contractor regulations prepared during President Trump’s administration.

The second, FLSA2019-10, has been withdrawn because the DOL now believes it is “inconsistent with longstanding [Wage and Hour Division] interpretations regarding the compensability of time spent in a truck’s sleeper berth.” The DOL further explains: “Several courts have declined to follow this letter, determining, among other reasons, that it was inconsistent with the Department’s regulations; unpersuasive; and not entitled to deference, in part because the letter did not adequately explain WHD’s change in position. These courts have instead continued to follow the Department’s longstanding prior position. To the extent that FLSA2019-10 withdrew prior opinion letters, those letters are reinstated.”

If you have questions about opinion letters or pending and frozen regulations, 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.

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