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New FLSA Opinion Letters

Published by on March 31, 2008

The Department of Labor has issued several new opinion letters related to the Fair Labor Standards Act.  The Administrator signed letters (FLSA2008-1 and FLSA2008-2) can be found here.  The non-Administrator signed letter (FLSA-2008-5NA) can be found here. The first letter (FLSA2008-1) responds to a request for an opinion regarding whether purchasing agents employed by a […]

The Department of Labor has issued several new opinion letters related to the Fair Labor Standards Act.  The Administrator signed letters (FLSA2008-1 and FLSA2008-2) can be found here.  The non-Administrator signed letter (FLSA-2008-5NA) can be found here.

The first letter (FLSA2008-1) responds to a request for an opinion regarding whether purchasing agents employed by a motor hom manufacturer qualify for the administrative exemption under section 13(a)(1) of the Fair Labor Standards Act (FLSA).  The letter concludes that the PA’s are exempt from the overtime requirements of the FLSA.

The second letter (FLSA2008-2) responds to a request for an opinion regarding the substitution provisions of the FLSA.  Specifically, the employer was a public agency that allowed employees of the same classification to substitute shifts for one another.  The exception applies only to public employers.

The third letter (FLSA2008-5NA) responds to a request for an opinion regarding the FLSA exemptions for fire protection and law enforcement activities and occasional and sporadic employment.  It concludes that section 7(p)(2) of the FLSA permits law enforcement personnel to be employed on an occasional and sporadic basis performing civilian functions for their employer.

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