Wednesday, September 2, 2020

Four new DOL Wage and Hour opinion letters!

 DOL has been super busy the past few months! On Monday, it released four new opinion letters:

1. "An employee's work hours do not have to fluctuate above and below 40 per workweek for an employer to be able to use the fluctuating workweek method of calculating overtime pay." For my Pennsylvania readers, don't forget about this SCOPA decision

2. DOL packed several exemption issues into this opinion letter on a corporate-management trainer who works part-time. Some takeaways: a. Paying a day rate does not satisfy the salary basis test (because it varies, is not calculated on a weekly basis, and is not known until after the work is completed); b. employees may maintain their exempt status even if they receive an hourly wage rate for hours on top of the required minimum salary; c. employees must meet the minimum salary threshold for the white collar exemptions (and the minimum annual salary threshold for the highly compensated employee exemption), and this amount may not be prorated for part-time employees.

Not official use.

3. Another opinion letter "[a]ddresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment."

4. Finally, an oddly specific letter concluding that truck drivers who provide waste removal service for oilfield operators may qualify for the "retail or service exemption" if the services are "not different from the services furnished to the general public and that its services are recognized as retail within the waste-removal industry."


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