Labor Department Issues Three New Opinion Letters

The U.S. Department of Labor (DOL) announced today that it has issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion authored by the DOL on how a particular law applies in specific circumstances presented by the individual person or entity that requested the letter. While they do not have the force of law, opinion letters are persuasive, and courts often rely on them in authoring their decisions.

The opinion letters issued today are:

  • FLSA2019-7, addressing the calculation of overtime pay for nondiscretionary bonuses paid on a quarterly and annual basis.
  • FLSA2019-8, addressing the application of the highly compensated employee exemption to paralegals employed by a trade organization.
  • FLSA2019-9, addressing permissible rounding practices for calculating an employee’s hours worked.

For questions regarding the Fair Labor Standards Act or any other employment law, contact Employers Council.