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Federal - DOL Releases New FLSA and FMLA Opinion Letters

On January 7, 2020, the U.S. Department of Labor (DOL) announced that it issued the following three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA):

  • FLSA2020-1: Addressing calculating overtime pay for a nondiscretionary lump sum bonus paid at the end of a multi-week training period. 
  • FMLA2020-1-A: Addressing whether a combined general health district must count the employees of the county in which the health district is located for the purpose of determining FMLA eligibility for its employees. 
  • FLSA2020-2: Addressing whether per-project payments satisfy the salary basis test for exemption.

An opinion letter is an official, written opinion by the DOL’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.

Read about opinion letters