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DOL Issues Four Opinion Letters on FLSA Topics

BY: APA Staff | 11/15/18

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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