• The obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave

Two letters released today address the following compliance issues under the Fair Labor Standards Act (FLSA):

• Wage and recordkeeping requirements for residential janitors and “good faith” defense
• Compensability of time spent participating in an employer-sponsored community service program

The Department now offers a search function allowing users to search opinion letters by keyword, year, topic, and a variety of other filters. An opinion letter is an official, written opinion by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter.

The public is encouraged to submit requests for opinion letters to WHD and can visit this webpage to learn how to request an opinion letter or determine whether existing agency guidance already addresses their questions. A request for an opinion must include a representation that the opinion is not sought by a party in a Wage and Hour Division investigation, its representative, or any third party acting on its behalf; or by a party, its representative, or any third party acting on its behalf for use in any litigation that was initiated prior to the submission of the opinion letter request. WHD will exercise discretion in determining whether and how it will respond to each request.