Hey Compliance Warriors!
Last week, the U.S. Department of Labor announced two new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA). Read on…
An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.
The opinion letters issued today are:
- FLSA2021-1: Addressing whether account managers at a life science products manufacturer qualify for the administrative employee exemption under the FLSA.
- FLSA2021-2: Addressing whether the ministerial exception allows a private religious daycare and preschool to pay its teachers on a salary basis that would not otherwise conform with the requirements of the FLSA.
The public can search for existing opinion letters by keyword, year, topic, and a variety of other filters on the Department’s website. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.
Lisa Smith, SPHR, SHRM-SCP