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New DOL Wage and Hour Opinion Letters

Published by on November 17, 2008

Here is a digest of recent DOL Wage and Hour Opinion Letters: FLSA2008-6 — Administrator signed Opinion Letter on regular rate calculation of on-call compensation paid in a specific week.  The employer sought permission to spread the on-call compensation over a two-week period for purposes of calculating overtime compensation, but the Opinion Letter requires the on-call […]

Here is a digest of recent DOL Wage and Hour Opinion Letters:

FLSA2008-6 — Administrator signed Opinion Letter on regular rate calculation of on-call compensation paid in a specific week.  The employer sought permission to spread the on-call compensation over a two-week period for purposes of calculating overtime compensation, but the Opinion Letter requires the on-call compensation to be included in the workweek in which is takes place.

FLSA2008-7 — Administrator signed Opinion Letter on substitute teachers and the teacher exemption under section 13(a)(1).  A substitute teacher may qualify for the teacher exemption if he/she meets the duties test.

FLSA2008-8 — Administrator signed Opinion Letter on charitable organization revenue included in annual revenue under section 3(s)(1)(A).

FLSA2008-9 — Administrator signed Opinion Letter on cosmetology school instructors and the teacher exemption under section 13(a)(1).  Based on the facts before it, this Opinion Letter concludes that the instructors are exempt.

FLSA2008-11NA — Non-Administrator signed Opinion Letter on detention officers volunteering as reserve sheriff deputies and section 3(e)(4)(A).

FLSA2008-12NA — Non-Administrator signed Opinion Letter on regular rate calculation for commission pay.  The opinion involves the payment of a percentage of revenue to truck drivers as a commission and how to calculate the regular rate of pay in those circumstances for overtime purposes.

FLSA2008-13NA — Non-Administrator signed Opinion Letter on daycare center instructors and the teacher exemption under section 13(a)(1).  The Opinion Letter concludes that, based on the facts before it, the daycare center instructors did not qualify for the teacher exemption.  This Opinion Letter is worth reading by any daycare providers who are treating their instructors as exempt teachers.

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