HR Workforce Solutions
By Nonprofits, For Nonprofits
The Wage and Hour Division of the U.S. Department of Labor (DOL) had issued guidance based on inquiries from businesses about wage and hour issues that arise in the workplace through the distribution of opinion letters for five decades. In 2010, the Obama Wage and Hour Division decided to cease issuance of these letters and alternatively, decided to publish “Administrator Interpretations” of the Fair Labor Standards Act (FLSA) topics in its place.
Last year, the Trump administration announced that it would resume issuing opinion letters and began following through on its promise earlier this year when the DOL reissued 17 opinion letters previously withdrawn by the Obama Administration. Those letters addressed a wide range of topics from discretionary bonuses and calculation of salary deductions to administrative exemption qualifications.
Opinion letters are meant to guide employers and employees with respect to both the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) laws by providing a better understanding of what is entailed. As noted on the DOL website regarding Rulings and Interpretations, “As part of the administration of the FLSA and the FMLA, interested parties may seek and officials of the Wage and Hour Division may provide official written explanations of what the FLSA or the FMLA requires in fact-specific situations.”
If you have a question about wage and hour laws that you can’t find answers to, requesting an opinion letter might be the way to go. It is important to remember that opinion letters are not binding but are rather informal guidance provided by the Department of Labor. A positive response can help an employer defend a policy in court while a negative response can get an employer to quickly change bad policies.
While the DOL can’t answer all employer inquiries, any clarity they can provide to employers in areas that are frequently unclear or confusing can be helpful—the hope is that the DOL continues to distribute these letters going forward.
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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.
Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.
UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.
Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.
This Privacy Policy and the Terms of Use for our site is subject to change.
