Department of Labor Releases New Opinion Letters

Last week, the U.S. Department of Labor (DOL) issued three new opinion letters:

  • FLSA2019-3, addresses whether a youth  residential care facility may implement an “8 and 80” overtime pay system;
  • FLSA2019-4, addresses the application of the teacher exemption to Nutritional Outreach Instructors employed by a public university; and
  • FLSA2019-5, addresses the application of the agricultural exemption to the freezing, cutting, packing, storing, and/or transportation of a farm’s own fruit, vegetable, or meat products.

The DOL’s search function enables users to search opinion letters by key word, year, topic, and other filters.

The DOL encourages the public to visit this webpage to learn how to request an opinion letter or determine whether existing agency guidance already addresses their questions. According to the DOL, “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.”