In its first opinion letter of 2021, the United States Department of Labor (“DOL”) addressed a hot topic that seems to frequently trip up employers: exemption from the minimum wage and overtime pay requirements under the Fair Labor Standards Act (“FLSA”).  The DOL’s opinion letters are official, written opinions by the Department’s Wage and Hour Division that respond to fact-specific scenarios.  In this letter, the DOL considered whether account managers employed by a life science products manufacturer are exempt under the FLSA’s administrative employee exemption.  Although the DOL’s conclusion is limited to the particular set of facts presented, this letter serves as helpful guidance for any employer that employs individuals in an account manager role.

Continue Reading Are Your Account Managers Properly Classified as Exempt Under the FLSA?

In response to the COVID-19 pandemic, employers have implemented flexible work schedules for a litany of reasons including, for example, to limit the number of employees in the office at any given time, to allow employees to obtain medical care for themselves and their family members, and simply to give employees the opportunity to handle the new, daily challenges brought about by this pandemic.  As a result, many employees find themselves splitting their time between working from home and working from the office – sometimes on alternating days, and sometimes in the course of a single day.  This practice, which is by no means new, but has certainly become more prevalent over the past year, raises the question as to whether travel time on a partial telework day is compensable under the Fair Labor Standards Act (“FLSA”).

Continue Reading Paying Employees for Travel Time on A Partial Telework Day?  The U.S. Department of Labor Weighs in…

As promised, today we give you and third and final installment of our three-part series addressing the new opinion letters issued by the U.S. Department of Labor on July 1, 2019.  To read about the other letters issued by the DOL, check out this blog post and this blog post.  The final opinion letter, FLSA2019-9, addresses permissible rounding practices for calculating the number of hours worked by an employee.
Continue Reading U.S. Department of Labor Issues New Opinion Letters: Part Three – Rounding Hours

In our last blog post, we revealed a three-part series intended to address the new opinion letters issued by the U.S. Department of Labor on July 1, 2019.  The second of these opinion letters, FLSA2019-8, addresses whether paralegals employed by a trade organization are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the FLSA – an issue of admittedly more limited interest, except as to employers of such individuals.
Continue Reading U.S. Department of Labor Issues New Opinion Letters: Part Two – Paralegals

On July 1, 2019, the U.S. Department of Labor issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (“FLSA”).  These letters are official, written opinions by the Department’s Wage and Hour Division that respond to fact-specific scenarios posed by employers and employees alike.  We are going to address each of the opinion letters in separate blog posts over the course of the next week.  But for now, let’s dive into the first of the three opinion letters!
Continue Reading U.S. Department of Labor Issues New Opinion Letters: A Three-Part Series (Part One – Bonuses and the Regular Rate)