DOL Wage & Hour Issues FMLA, FLSA Opinion Letters

An opinion letter is an official, written opinion by the division on how a particular law applies in specific circumstances presented by the individual person or entity that requested the letter. The requesting parties' names are not included in the letters to protect their privacy.

The U.S. Department of Labor's Wage and Hour Division has issued three new opinion letters that address compliance issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).

An opinion letter is an official, written opinion by the division on how a particular law applies in specific circumstances presented by the individual person or entity that requested the letter. The requesting parties' names are not included in the letters to protect their privacy, the letters state.

The opinion letters issued March 14 were:

  • FMLA2019-1-A: provides an opinion on the obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave. This letter states that nothing in the FMLA prevents employers from adopting more generous leave policies than those required by the law, but an employer may not designate more than 12 weeks of leave -- or more than 26 weeks of military caregiver leave -- as FMLA-protected.
  • FLSA2019-1: clarifies FLSA wage and recordkeeping requirements for residential janitors and the "good faith" defense. This letter states that the division does not believe relying on a state law exemption from state law minimum wage and overtime requirements is a good faith defense to non-compliance with the FLSA, but a court has discretion to make that determination on a case-by-case basis.
  • FLSA2019-2: addresses FLSA compliance related to the compensability of time spent participating in an employer-sponsored community service program. This letter asked whether the time spent by employees who participate in the employer's optional volunteer program qualifies as hours worked under the FSLA, and the division determined that they do not.

Download Center

HTML - No Current Item Deck
  • Safety Management Software - Free Demo

    IndustrySafe Safety Software’s comprehensive suite of modules help organizations to record and manage incidents, inspections, hazards, behavior based safety observations, and much more. Improve safety with an easy to use tool for tracking, notifying and reporting on key safety data.

  • Create Flexible Safety Dashboards

    IndustrySafe’s Dashboard Module allows organizations allows you to easily create and view safety KPIs to help you make informed business decisions. Our best of breed default indicators can also save you valuable time and effort in monitoring safety metrics.

  • Schedule and Record Observations

    IndustrySafe's Observations module allows managers, supervisors, and employees to conduct observations on employees involved in safety critical behavior. IndustrySafe’s pre-built BBS checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Why Is Near Miss Reporting Important?

    A near miss is an accident that's waiting to happen. Learn how to investigate these close calls and prevent more serious incidents from occurring in the future.

  • Get the Ultimate Guide to Safety Training

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common FAQs.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - June 2019

    June 2019

    Featuring:

    • ASSP SAFETY 2019 PREVIEW
      New Orleans Networking
    • NATION SAFETY MONTH
      Heed These Summer Safety Tips
    • TRAINING
      Education, Skill Development, and Behavior Change
    • SAFETY MANAGEMENT
      What Good Looks Like
    View This Issue

Bulwark Quiz