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DOL’s Six Latest Opinion Letters Offer Useful Guidance To Employers

After going into hibernation during the Obama Administration, opinion letters have reemerged as part of the DOL’s Wage and Hour Division’s (WHD) efforts to guide employers seeking valuable input about legal compliance and best practices.  As the DOL itself explains, these letters are “official, written opinion[s] by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter.”

The latest batch of six letters – four of which pertain to wage-and-hour issues under the FLSA, and two of which involve the FMLA – was issued on Tuesday.  In summary, according to the DOL:

Employers should be mindful that these opinion letters are fact-specific and, while interpretative guidance, are not binding sources of law.  Any employer with a question of whether its situation is sufficiently similar to be affected by any opinion letter(s) may wish to consult an attorney.

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