DOL Reissues Opinion Letters Rescinded in 2009

Darrell VanDeusen
Darrell VanDeusen

Last June, the U.S. Department of Labor announced that was reinstating Wage & Hour Opinion Letters. The agency also revamped its website where Opinion Letters and other guidance live. See

Now, the DOL has reissued more than a dozen advisory opinion letters that had been published late in George W. Bush’s administration but then rescinded by the Obama DOL. These letters could give employers guidance on a wide range of wage and hour issues under the FLSA.  The letters, which were withdrawn on March 2, 2009, were reissued on January 5, 2018, as new opinion letters designated FLSA 2018-1 to  FLSA 2018-17.

Here are the topics:

  • FLSA2018-1 (FLSA2009-7) Ambulance personnel on-call time and hours worked.
  • FLSA2018-2 (FLSA2009-8) Plumbing sales/service technicians and section 7(i).
  • FLSA2018-3 (FLSA2009-9) Helicopter pilots and section 13(a)(1).
  • FLSA2018-4 (FLSA2009-1NA) Commercial construction project superintendents and section 13(a)(1).
  • FLSA2018-5 (FLSA2009-2NA) Regular rate calculation for fire fighters and alarm operators.
  • FLSA2018-6 (FLSA2009-10) Coaches and the teacher exemption under section 13(a)(1).
  • FLSA2018-7 (FLSA2009-25) Salary deductions for full-day absences based on hours missed and section 13(a)(1) salary basis.
  • FLSA2018-8 (FLSA2009-26) Client service managers and section 13(a)(1).
  • FLSA2018-9 (FLSA2009-27) Year-end non-discretionary bonus and section 7(e).
  • FLSA2018-10 (FLSA2009-29) Residential construction project supervisor and section 13(a)(1).
  • FLSA2018-11 (FLSA2009-30) Job bonuses and section 7(e).
  • FLSA2018-12 (FLSA2009-31) Consultants, clinical coordinators, coordinators, and business development managers under section 13(a)(1).
  • FLSA2018-13 (FLSA2009-32) Fraud/theft analysts and agents under section 13(a)(1).
  • FLSA2018-14 (FLSA2009-33) Calculation of salary deductions and section 13(a)(1) salary basis.
  • FLSA2018-15 (FLSA2009-34) Product demonstration coordinators and section 13(a)(1).
  • FLSA2018-16 (FLSA2009-35) Volunteer fire company contracting for paid EMTs – joint employment and volunteer status.
  • FLSA2018-17 (FLSA2009-36) Construction supervisors employed by homebuilders and section 13(a)(1).



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