DOL Issues Four Opinion Letters on FLSA Topics
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued four new opinion letters that address compliance under the Fair Labor Standards Act (FLSA) [DOL, News Release, 11-8-18].
The opinion letters rule on these issues:
- Determining when an employer may take a tip credit for an employee who has “dual jobs” where some activities meet tip credit requirements and others do not [Opinion Letter FLSA2018-27].
- Whether a nonprofit, privately owned fire department was entitled to use the partial overtime exemption in FLSA §7(k) for employees of public agencies engaged in fire protection activities [Opinion Letter FLSA2018-24].
- The amount of extra compensation a salaried employee may receive without losing the exemption. Under 29 C.F.R. §541.604(b) a reasonable relationship must exist between the guaranteed salary amount and the amount actually earned. The opinion letter concludes that a ratio of 1.8 times the salary amount was not a reasonable relationship [Opinion Letter FLSA2018-25].
- Whether a company that operates and maintains swimming pool facilities at hotel, motel, apartment, and condominium buildings qualifies as an “amusement or recreational establishment” under FLSA §13(a)(3) [Opinion Letter FLSA2018-26].
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