On August 28, 2018, the U.S. Department of Labor (DOL) issued 6 new opinion letters, 2 related to the FMLA which has not occurred since 2009. While I’ll write about them separately, this is exciting news! The letters provide employers with compliance assistance related to the administration of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA). As I tell employers all the time, while their situation may be unique to them, you’d be surprised how frequently we address the same facts/issues (granted, the actual facts are not identical, but you get my drift) and thus we’re able to take our knowledge of how past situations worked out, and use them to handle the current situation. Similarly, the DOL’s opinion letters provide employers with guidance based on similar issues/facts and can be a great tool for employers when handling certain situations.
- Compensabilty of voluntarily attending benefit fairs and wellness activities (FLSA2018-20)
- Commissioned sales employee overtime exemption related to internet sales (FLSA2018-21)
- Volunteer status of nonprofit members when acting as credentialing examination graders (FLSA2018-22)
- Movie theater overtime exemption when dining services offered (FLSA2018-23)
- “No-fault” attendance policies and roll-off of attendance points related to FMLA (FMLA2018-1-A)
- Organ donors’ eligibility for FMLA (FMLA2018-2-A)
Check out my subsequent blogs for more information about the above.