DOL Issues New Opinion Letters

By Kamer Zucker Abbott

March 20, 2019

The Department of Labor’s Wage and Hour Division (WHD) has issued three new opinion letters on the following topics:

•    the obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave;
•    FLSA wage and recordkeeping requirements for residential janitors and the “good faith” defense;
•    FLSA compliance related to the compensability of time spent participating in an employer-sponsored community service program.

An opinion letter is an official, written opinion by the WHD on how a particular law applies in specific circumstances presented by the individual person or entity requesting the letter.

Please note that in the FMLA opinion letter, the DOL expressly disagrees with the Ninth Circuit Court of Appeals’ decision in Escriba v. Foster Poultry Farms. As the Ninth Circuit Court has jurisdiction over Nevada, please consult with a KZA attorney regarding this conflict before relying on the DOL’s opinion letter.