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New DOL FLSA Opinion Letters

Published by on March 9, 2009

The U.S. Department of Labor has posted new FLSA opinion letters.  In connection with this posting, the DOL issued the following disclaimer: The Division has posted 36 Administrator opinion letters and four Non-Administrator opinion letters that were signed prior to January 21, 2009.  The Administrator signed opinion letters are designated as FLSA2009-1 through FLSA2009-36.  The […]

The U.S. Department of Labor has posted new FLSA opinion letters.  In connection with this posting, the DOL issued the following disclaimer:

The Division has posted 36 Administrator opinion letters and four Non-Administrator opinion letters that were signed prior to January 21, 2009.  The Administrator signed opinion letters are designated as FLSA2009-1 through FLSA2009-36.  The Non-Administrator signed opinion letters are designated as FLSA2009-1NA through FLSA2009-4NA.  Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21.  While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration.  A final response to these opinion letter requests will be provided in the future. 

In other words, the opinion letters marked with an asterisk will be “reconsidered” by the Obama administration.  This disclaimer makes one wonder whether the DOL is about to embark on the course of the NLRB, which is notorious for reversing its own precedents every time a new administration comes to Washington.

More after the break.

The DOL opinion letter page can be found here.  Here is a copy of the index of new DOL FLSA Administrator-signed opinion letters: 

Number 2009
Letter Subject

Date/Format
FLSA2009-36 * Construction supervisors employed by homebuilders and section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-35 * Volunteer fire company contracting for paid EMTs – joint employment and volunteer status January 16, 2009
(PDF, TEXT)
FLSA2009-34 * Product demonstration coordinators and section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-33 * Calculation of salary deductions and section 13(a)(1) salary basis January 16, 2009
(PDF, TEXT)
FLSA2009-32 * Fraud/theft analysts and agents under section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-31 * Consultants, clinical coordinators, coordinators, and business development managers under section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-30 * Job bonuses and section 7(e) January 16, 2009
(PDF, TEXT)
FLSA2009-29 * Residential construction project supervisor and section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-28 Insurance agents and section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-27 * Year-end non-discretionary bonus and section 7(e) January 16, 2009
(PDF, TEXT)
FLSA2009-26 * Client service managers and section 13(a)(1) January 16, 2009
(PDF, TEXT)
FLSA2009-25 * Salary deductions for full-day absences based on hours missed and section 13(a)(1) salary basis January 16, 2009
(PDF, TEXT)
FLSA2009-24 * Premium pay for Sunday and holiday work and fluctuating-workweek method of payment January 16, 2009
(PDF, TEXT)
FLSA2009-23 * Tip credit for dual jobs and related duties under section 3(m) January 16, 2009
(PDF, TEXT)
FLSA2009-22 * State minimum wage and tip credit under section 3(m) January 16, 2009
(PDF, TEXT)
FLSA2009-21 Nondiscretionary safety bonus and section 7(e) January 16, 2009
(PDF, TEXT)
FLSA2009-20 Enterprise coverage and joint employment with employee leasing company January 16, 2009
(PDF, TEXT)
FLSA2009-19 Transportation authority firefighters under sections 3(x), 3(y) and 7(k); attendance bonuses and vacation buy-backs under section 7(e)(2) January 16, 2009
(PDF, TEXT)
FLSA2009-18 Deductions from paid time-off plan and section 13(a)(1) salary basis January 16, 2009
(PDF, TEXT)
FLSA2009-17 Water service employees’ on-call time and compensable hours worked January 16, 2009
(PDF, TEXT)
FLSA2009-16 Compressed two-week work schedule and section 7 January 16, 2009
(PDF, TEXT)
FLSA2009-15 Time outside normal working hours completing assignments for city-required training programs as hours worked January 15, 2009
(PDF, TEXT)
FLSA2009-14 Voluntary and mandatory time off policies and section 13(a)(1) salary basis January 15, 2009
(PDF, TEXT)
FLSA2009-13 Web-based classes taken at home as hours worked January 15, 2009
(PDF, TEXT)
FLSA2009-12 Barbacks as tipped employees and section 3(m) January 15, 2009
(PDF, TEXT)
FLSA2009-11 Catering services contractor at a recreational establishment and section 13(a)(3) January 15, 2009
(PDF, TEXT)
FLSA2009-10 * Coaches and the teacher exemption under section 13(a)(1) January 15, 2009
(PDF, TEXT)
FLSA2009-9 * Helicopter pilots and section 13(a)(1) January 14, 2009
(PDF, TEXT)
FLSA2009-8 * Plumbing sales/service technicians and section 7(i) January 14, 2009
(PDF, TEXT)
FLSA2009-7 * Ambulance personnel on-call time and hours worked January 14, 2009
(PDF, TEXT)
FLSA2009-6 Pilots and section 13(a)(1) January 14, 2009
(PDF, TEXT)
FLSA2009-5 Life guards at town beach and section 13(a)(3) January 14, 2009
(PDF, TEXT)
FLSA2009-4 Convention and visitors services sales manager under section 13(a)(1) January 14, 2009
(PDF, TEXT)
FLSA2009-3 Retroactive payment of overtime and the fluctuating workweek method of payment January 14, 2009
(PDF, TEXT)
FLSA2009-2 Mandatory use of vacation time and section 13(a)(1) salary basis January 14, 2009
(PDF, TEXT)
FLSA2009-1 Employer provided training for state-mandated employee certification and compensable hours January 7, 2009
(PDF, TEXT)

*: Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21, 2009. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.

Here is a copy of the index for the non-Administrator signed letters:


Number
2009
Letter Subject

Date/Format
FLSA2009-4NA Regular rate computation as a percentage
of project labor bid
January 15, 2009
(PDF, TEXT)
FLSA2009-3NA Payment plan for nonexempt gasoline
service station employees and section 7(f)
January 15, 2009
(PDF, TEXT)
FLSA2009-2NA* Regular rate calculation for fire fighters and alarm operators January 15, 2009
(PDF, TEXT)
FLSA2009-1NA* Commercial construction project superintendents and section 13(a)(1) January 15, 2009
(PDF, TEXT)

 

* Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21, 2009. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.

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