As you know, I am a big believer in and proponent of using USDOL Opinion Letters, both in advising clients, understanding the agency’s view, and, more importantly, urging them on courts as good authority for the premise I may be arguing. Well, the fact that a federal court has just refused to accept the agency’s
USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool
The USDOL is busy again issuing Opinion Letters and has again turned its focus to the issue of inclusion/exclusion of bonuses into the regular rate for purposes of overtime computation. These Letters are not binding on courts but they operate to evidence the agency’s position on whatever issue is being addressed so they are extremely
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
Under the Trump Administration, there has been a return to the issuance of Opinion Letters which I have highly applauded. I also applaud the rather pro-employer stance that many of these Letters have reflected. Another example of both
USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny issues. Now, the USDOL has issued an Opinion Letter addressing this issue as concerns the so-called gig economy. The Opinion Letter focuses on individuals who
The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!
When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or administrative practice or enforcement policy. The Opinion Letter or consistent practice then acts as a
First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of compensable break time as well as the kinds of lump-sum payments that could be garnished for child support.
Renaissance of USDOL Opinion Letters Is An Encouraging Development
Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor Standards Act. I often look to the published body of these letters for guidance and I lamented when the DOL (back in 2010) decided to
USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
I have recently blogged about new exemption regulations being proposed. Well, that is not the only regulatory initiative coming down the pike. The USDOL is about to release guidance on the very confusing and thorny issue of when an individual is an independent contractor. The agency will be issuing another of its “famous” white papers
Security Officers Found To Be Exempt Employees: An Interesting Twist
It is often difficult to claim that security officers are exempt from overtime under the Fair Labor Standards Act. However, in a recent federal lawsuit, four officers who were employed by a private, so-called, paramilitary force that provided security services at the atomic research laboratory at Los Alamos were ruled to be executive employees and