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Selected Records of the Wage and Hour Division

Opinion Letters Issued by the National Office of the Wage and Hour Division, U. S. Department of Labor

Date Issued WHD Code Statute Subject
September 10, 2019 FLSA2019-13 FLSA Ordinary meaning of the phrase “not less than one month” for purposes of FLSA section 7(i)'s representative period requirement
September 10, 2019 FMLA2019-3-A FMLA Whether an employer may delay designating paid leave as FMLA leave due to a collective bargaining agreement
September 10, 2019 CCPA2019-l CCPA Do employers' contributions to employees' health savings accounts (HSAs) constitute earnings for wage garnishment purposes under the Consumer Credit Protection Act (CCPA).
August 8, 2019 FMLA2019-2-A FMLA Whether attending a Committee on Special Education meeting to discuss a child’s Individualized Education Program qualifies as FMLA leave
August 8, 2019 FLSA2019-12 FLSA Employment status of volunteer reserve deputies who perform paid extra duty work for third parties
August 8, 2019 FLSA2019-11 FLSA Application of the section 7(k) overtime exemption to public agency employees engaged in both fire protection and law enforcement activities
August 8, 2019 FMLA2019-2-A FMLA Whether attending a Committee on Special Education meeting to discuss a child’s Individualized Education Program qualifies as FMLA leave
July 22, 2019 FLSA2019-10 FLSA Compensability of time spent in a truck’s sleeper berth while otherwise relieved from duty
July 1, 2019 FLSA2019-9 FLSA / SCA Permissible rounding practices for calculating an employee's hours worked
July 1, 2019 FLSA2019-8 FLSA Application of the highly compensated employee exemption to paralegals employed by a trade organization
July 1, 2019 FLSA2019-7 FLSA Calculating overtime pay for nondiscretionary bonuses paid on a quarterly and annual basis
April 29, 2019 FLSA2019-6 FLSA Whether a service provider for a virtual marketplace company is an employee of the company under the FLSA or an independent contractor
April 2, 2019 FLSA2019-5 FLSA Application of the agricultural exemption to the freezing, cutting, packing, storing, and/or transportation of a farm's own fruit, vegetable, or meat products
April 2, 2019 FLSA2019-4 FLSA Application of the teacher exemption to Nutritional Outreach Instructors employed by a public university
April 2, 2019 FLSA2019-3 FLSA Whether a youth residential care facility may implement an "8 and 80" overtime pay system
March 14, 2019 FLSA2019-2 FLSA Compensability of time spent participating in an employer-sponsored community service program
March 14, 2019 FLSA2019-1 FLSA Wage and recordkeeping requirements for residential janitors and “good faith” defense
March 14, 2019 FMLA2019-1-A FMLA The obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave
December 21, 2018 FLSA2018-29 FLSA Application of the ministerial exception to members of an egalitarian religious commune
December 21, 2018 FLSA2018-28 FLSA Determining minimum wage and overtime compliance for employees with varying average hourly rates
November 8, 2018 FLSA2018-27 FLSA Dual jobs and related duties under section 3(m)
November 8, 2018 FLSA2018-26 FLSA Application of section 13(a)(3) to a pool management company
November 8, 2018 FLSA2018-25 FLSA “Reasonable relationship” between salary paid and actual earnings
November 8, 2018 FLSA2018-24 FLSA Application of section 7(k) to nonprofit, privately-owned volunteer fire departments
August 28, 2018 FLSA2018-23 FLSA Application of the 13(b)(27) motion theater exemption to an establishment that is both a theater and restaurant
August 28, 2018 FLSA2018-22 FLSA Volunteer status of nonprofit members serving as global credentialing examiners
August 28, 2018 FLSA2018-21 FLSA Retail or service establishment and the 7(i) exemption
August 28, 2018 FLSA2018-20 FLSA Compensability of time spent attending employer-sponsored benefits fairs
August 28, 2018 FMLA2018-2-A FMLA Whether organ donation is a serious health condition
August 28, 2018 FMLA2018-1-A FMLA “No-fault” attendance policies and roll-off of attendance points
April 12, 2018 FLSA2018-19 FLSA Compensability of frequent rest breaks required by a serious health condition
April 12, 2018 FLSA2018-18 FLSA Compensability of travel time
January 5, 2018 FLSA2018-17 FLSA Construction supervisors employed by homebuilders and section 13(a)(1). NOTE: This was originally issued as FLSA2009-36 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA 2018-17.
January 5, 2018 FLSA2018-16 FLSA Volunteer fire company contracting for paid EMTs – joint employment and volunteer status. NOTE: This was originally issued as FLSA2009-35 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-16.
January 5, 2018 FLSA2018-15 FLSA Product demonstration coordinators and section 13(a)(1). NOTE: This was originally issued as FLSA2009-34 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-15.
January 5, 2018 FLSA2018-14 FLSA Calculation of salary deductions and section 13(a)(1) salary basis: NOTE: This was originally issued as FLSA2009-33 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-14.
January 5, 2018 FLSA2018-13 FLSA Fraud/theft analysts and agents under section 13(a)(1) NOTE: This was originally issued as FLSA2009-32 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-13.
January 5, 2018 FLSA2018-12 FLSA Consultants, clinical coordinators, coordinators, and business development managers under section 13(a)(1) NOTE: This was originally issued as FLSA2009-31 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-12.
January 5, 2018 FLSA2018-11 FLSA Job bonuses and section 7(e) NOTE: This was originally issued as FLSA2009-30 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-11.
January 5, 2018 FLSA2018-10 FLSA Residential construction project supervisor and section 13(a)(1). NOTE: This was originally issued as FLSA2009-29 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-10.
January 5, 2018 FLSA2018-9 FLSA Year-end non-discretionary bonus and section 7(e). NOTE: This was originally issued as FLSA2009-27 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-9.
January 5, 2018 FLSA2018-8 FLSA Client service managers and section 13(a)(1). NOTE: This was originally issued as FLSA2009-26 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-8.
January 5, 2018 FLSA2018-7 FLSA Salary deductions for full-day absences based on hours missed and section 13(a)(1) salary basis. NOTE: This was originally issued as FLSA2009-25 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-7.
January 5, 2018 FLSA2018-6 FLSA Coaches and the teacher exemption under section 13(a)(1). NOTE: This was originally issued as FLSA2009-10 on January 15, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-6.
January 5, 2018 FLSA2018-5 FLSA Regular rate calculation for fire fighters and alarm operators
January 5, 2018 FLSA2018-4 FLSA Commercial construction project superintendents and section 13(a)(1)
January 5, 2018 FLSA2018-3 FLSA Helicopter pilots and section 13(a)(1). NOTE: This was originally issued as FLSA2009-9 on January 14, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-3.
January 5, 2018 FLSA2018-2 FLSA Plumbing sales/service technicians and section 7(i). NOTE: This was originally issued as FLSA2009-8 on January 14, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-2.
January 5, 2018 FLSA2018-1 FLSA Ambulance personnel on-call time and hours worked. NOTE: This was originally issued as FLSA2009-7 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-1.
November 17, 2016 FLSAAI2016-2 FLSA Administrator's Interpretation 2016-2: Effect of state laws prohibiting the payment of subminimum wages to workers with disabilities on the enforcement of section 14(c) of the Fair Labor Standards Act
January 20, 2016 FLSAAI2016-1 FLSA Joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act
July 15, 2015 FLSAAI2015-1 FLSA The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors
June 19, 2014 FLSAAI2014-2 FLSA Joint employment of home care workers in consumer-directed, Medicaid-funded programs by public entities under the Fair Labor Standards Act
March 27, 2014 FLSAAI2014_1 FLSA The application of the Fair Labor Standards Act to home care services provided through shared living arrangements, including adult foster care and paid roommate situations
June 16, 2010 FLSAAI2010-2 FLSA Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. 203(o), and the definition of “clothes.”
March 24, 2010 FLSAAI2010-1 FLSA Application of the Administrative Exemption under Section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. 213(a)(1), to Employees who Perform the Typical Job Duties of a Mortgage Loan Officer
January 16, 2009 FLSA2009-36 FLSA Construction supervisors employed by homebuilders and section 13(a)(1). NOTE: This was originally issued as FLSA2009-36 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA 2018-17.
January 5, 2018 FLSA2009-35 FLSA Volunteer fire company contracting for paid EMTs – joint employment and volunteer status. NOTE: This was originally issued as FLSA2009-35 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-16.
January 5, 2018 FLSA2009-34 FLSA Product demonstration coordinators and section 13(a)(1). NOTE: This was originally issued as FLSA2009-34 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-15.
January 5, 2018 FLSA2009-33 FLSA Calculation of salary deductions and section 13(a)(1) salary basis: NOTE: This was originally issued as FLSA2009-33 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-14.
January 5, 2018 FLSA2009-32 FLSA Fraud/theft analysts and agents under section 13(a)(1) NOTE: This was originally issued as FLSA2009-32 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-13 .
January 5, 2018 FLSA2009-31 FLSA Consultants, clinical coordinators, coordinators, and business development managers under section 13(a)(1) NOTE: This was originally issued as FLSA2009-31 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-12.
January 5, 2018 FLSA2009-30 FLSA Job bonuses and section 7(e) NOTE: This was originally issued as FLSA2009-30 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-11
January 5, 2018 FLSA2009-29 FLSA Residential construction project supervisor and section 13(a)(1). NOTE: This was originally issued as FLSA2009-29 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-10.
January 16, 2009 FLSA2009-28 FLSA Insurance agents and section 13(a)(1)
January 16, 2009 FLSA2009-27 FLSA Year-end non-discretionary bonus and section 7(e). NOTE: This was originally issued as FLSA2009-27 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-9.
January 5, 2018 FLSA2009-26. FLSA Client service managers and section 13(a)(1). NOTE: This was originally issued as FLSA2009-26 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-8.
January 16, 2009 FLSA2009-25 FLSA Salary deductions for full-day absences based on hours missed and section 13(a)(1) salary basis. NOTE: This was originally issued as FLSA2009-25 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-7.
January 16, 2009 FLSA2009-24 FLSA Premium pay for Sunday and holiday work and fluctuating-workweek method of payment.NOTE: On March 2, 2009, this letter was withdrawn for further consideration.
January 16, 2009 FLSA2009-23 FLSA Tip credit for dual jobs and related duties under section 3(m). NOTE: On March 2, 2009, this letter was withdrawn for further consideration.
January 16, 2009 FLSA2009-22 FLSA State minimum wage and tip credit under section 3(m). NOTE: On March 2, 2009, this letter was withdrawn for further consideration.
January 16, 2009 FLSA2009-21 FLSA Nondiscretionary safety bonus and section 7(e)
January 16, 2009 FLSA2009-20 FLSA Enterprise coverage and joint employment with employee leasing company
January 16, 2009 FLSA2009-19 FLSA Transportation authority firefighters under sections 3(x), 3(y) and 7(k); attendance bonuses and vacation buy-backs under section 7(e)(2)
January 16, 2009 FLSA2009-18 FLSA Deductions from paid time-off plan and section 13(a)(1) salary basis
January 16, 2009 FLSA2009-17 FLSA Water service employees’ on-call time and compensable hours worked
January 16, 2009 FLSA2009-16 FLSA Compressed two-week work schedule and section 7
January 15, 2009 FLSA2009-15 FLSA Time outside normal working hours completing assignments for city-required training programs as hours worked
January 15, 2009 FLSA2009-14 FLSA Voluntary and mandatory time off policies and section 13(a)(1) salary basis
January 15, 2009 FLSA2009-13 FLSA Web-based classes taken at home as hours worked
January 15, 2009 FLSA2009-12 FLSA Barbacks as tipped employees and section 3(m)
January 15, 2009 FLSA2009-11 FLSA Catering services contractor at a recreational establishment and section 13(a)(3)
January 15, 2009 FLSA2009-10 FLSA Coaches and the teacher exemption under section 13(a)(1). NOTE: This was originally issued as FLSA2009-10 on January 15, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-6.
January 14, 2009 FLSA2009-9 FLSA Helicopter pilots and section 13(a)(1). NOTE: This was originally issued as FLSA2009-9 on January 14, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-3
January 14, 2009 FLSA2009-8 FLSA Plumbing sales/service technicians and section 7(i). NOTE: This was originally issued as FLSA2009-8 on January 14, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-2
January 14, 2009 FLSA2009-7 FLSA Ambulance personnel on-call time and hours worked. NOTE: This was originally issued as FLSA2009-7 on January 16, 2009, withdrawn on March 2, 2009, and reissued by WHD on January 5, 2018 as FLSA2018-1.
January 14, 2009 FLSA2009-6 FLSA Pilots and section 13(a)(1)
January 14, 2009 FLSA2009-5 FLSA Life guards at town beach and section 13(a)(3)
January 14, 2009 FLSA2009-4 FLSA Convention and visitors services sales manager under section 13(a)(1)
January 14, 2009 FLSA2009-3 FLSA Retroactive payment of overtime and the fluctuating workweek method of payment
January 14, 2009 FLSA2009-2 FLSA Mandatory use of vacation time and section 13(a)(1) salary basis
January 7, 2009 FLSA2009-1 FLSA Employer provided training for state-mandated employee certification and compensable hours
January 6, 2009 FMLA2009-1-A FMLA Employee Notice and Call-In Procedures
December 19, 2008 FLSA2008-19 FLSA Store managers in training for promotion and section 13(a)(1)
December 19, 2008 FLSA2008-18 FLSA Chefs who serve meals to customers and tipped employees under section 3(m)
December 19, 2008 FLSA2008-17 FLSA Certified Occupational Therapist Assistants and section 13(a)(1)
December 18, 2008 FLSA2008-16 FLSA Victim Assistant Specialist volunteering as reserve police officer and receiving hourly pay under sections 3(e)(4)(A) and 7(p)(2)
December 18, 2008 FLSA2008-15 FLSA Stipends provided to volunteer firefighters of a political subdivision and nominal fees under section 3(e)(4)(A)
December 18, 2008 FLSA2008-14 FLSA Paid firefighter performing volunteer firefighting services for the same private fire department
December 18, 2008 FLSA2008-13 FLSA Volunteer emergency crew as separate and independent agency under section 3(e)(4)(A)
December 1, 2008 FLSA2008-12 FLSA Discretionary “stress pay” bonuses and section 7(e)(3)(a)
December 1, 2008 FLSA2008-11 FLSA Assistant Athletic Instructors and the teacher exemption under section 13(a)(1)
October 24, 2008 FLSA2008-10 FLSA Replacement of tipped employee’s uniform damaged during personal use
October 1, 2008 FLSA2008-9 FLSA Cosmetology school instructors and the teacher exemption under section 13(a)(1)
September 29, 2008 FLSA2008-8 FLSA Charitable organization revenue included in annual revenue under section 3(s)(1)(A)
September 26, 2008 FLSA2008-7 FLSA Substitute teachers and the teacher exemption under section 13(a)(1)
September 22, 2008 FLSA2008-6 FLSA Regular rate calculation of on-call compensation paid in a specific week
May 30, 2008 FLSA2008-5 FLSA Quadrennial adjustment to single pay period length
May 15, 2008 FLSA2008-4 FLSA Shoes as a uniform or "other facilities"
April 21, 2008 FLSA2008-3 FLSA Product Technology Application and Marketing Analyst and section 13(a)(1)
March 17, 2008 FLSA2008-2 FLSA Shift substitution under section 7(p)(3) and minimum wage requirements
March 6, 2008 FLSA2008-1 FLSA Purchasing agents and section 13(a)(1)
December 31, 2007 FLSA2007-12 FLSA Police officers working for city convention authority and section 7(p)(1)
September 17, 2007 FLSA2007-11 FLSA Field inspectors and section 13(a)(1)
May 14, 2007 FLSA2007-10 FLSA Changing clothes in the meat packing industry and section 3(o). NOTE: This letter has been withdrawn. See Administrator Interpretation 2010-2.
May 14, 2007 FLSA2007-9 FLSA Part-time employees and the use of comp time off under section 7(o)
February 15, 2007 FLSA2007-8 FLSA School resource officers and section 13(a)(1)
February 8, 2007 FLSA2007-7 FLSA Case managers for individuals with disabilities and section 13(a)(1)
February 8, 2007 FLSA2007-6 FLSA Deductions for leave taken under a state’s Leave Act and section 13(a)(1)
February 1, 2007 FLSA2007-5 FLSA Radiology technologists and section 13(a)(1)
January 25, 2007 FLSA2007-4 FLSA Resort timeshare salespeople and section 13(a)(1)
January 25, 2007 FLSA2007-3 FLSA Construction project superintendent and section 13(a)(1)
January 25, 2007 FLSA2007-2 FLSA Home sales employees and section 13(a)(1)
January 25, 2007 FLSA2007-1 FLSA Home sales employees and section 13(a)(1)
December 21, 2006 FLSA2006-46 FLSA Film location managers and section 13(a)(1)
December 21, 2006 FLSA2006-45 FLSA Copy editors and senior copy editors under section 13(a)(1)
November 30, 2006 FLSA2006-44 FLSA Boat Captain and section 13(b)(6)
November 27, 2006 FLSA2006-43 FLSA Registered financial services representatives and section 13(a)(1)
October 26, 2006 FLSA2006-42 FLSA Information technology (IT) support specialist under sections 13(a)(1) and 13(a)(17)
October 26, 2006 FLSA2006-41 FLSA Career school instructors and the teacher exemption under section 13(a)(1)
October 26, 2006 FLSA2006-40 FLSA School employees performing additional work and section 3(e)(4)(A)
October 12, 2006 FLSA2006-39 FLSA Nature/sight-seeing cruise vessels as amusement or recreational establishments and section 13(a)(3)
October 5, 2006 FMLA2006-6-A FMLA Dental insurance plan as a group health plan and continuation of benefits for instructional employees during summer vacation
September 29, 2006 FLSA2006-38 FLSA Firefighters who switch from part-time employees to volunteers and section 3(e)(4)(A)
September 28, 2006 FLSA2006-37 FLSA Wilderness expedition organizations and section 13(a)(3)
September 28, 2006 FLSA2006-36 FLSA Public safety dispatchers and section 7(a)
September 21, 2006 FLSA2006-35 FLSA Store manager’s physical presence and the section 13(a)(1) executive exemption
September 21, 2006 FLSA2006-34 FLSA Community events supervisors and section 13(a)(1)
September 14, 2006 FLSA2006-33 FLSA Propane gas service drivers under sections 7(i) and 13(a)(1)
September 14, 2006 FLSA2006-32 FLSA Bona fide sick/vacation leave plan and section 13(a)(1)
September 8, 2006 FLSA2006-31 FLSA Mortgage loan officers and administrative exemption under section 13(a)(1). NOTE: This letter has been withdrawn. See Administrator Interpretation 2010-1.
September 8, 2006 FLSA2006-30 FLSA Loss prevention managers and section 13(a)(1)
September 8, 2006 FLSA2006-29 FLSA Gasoline service station managers and section 13(a)(1)
August 7, 2006 FLSA2006-28 FLSA Same type of services, same public agency and nominal fee for public agency volunteers under 3(e)(4)(A)
July 24, 2006 FLSA2006-27 FLSA Senior legal analyst and section 13(a)(1)
July 24, 2006 FLSA2006-26 FLSA Respiratory therapists and section 13(a)(1)
July 14, 2006 FLSA2006-25 FLSA Employees paid on an annual basis and section 11(c)
July 6, 2006 FLSA2006-24 FLSA Cash shortage deductions from commission payments and section 13(a)(1)
June 29, 2006 FLSA2006-23 FLSA Acquisition, relocation, and property management agents for land acquisition firm under section 13(a)(1)
June 23, 2006 FLSA2006-22 FLSA Plumbing repair services and section 7(i)
June 9, 2006 FLSA2006-21 FLSA Uniform maintenance costs and tips
June 1, 2006 FLSA2006-20 FLSA Dual-function firefighter/paramedics and section 7(k)
June 1, 2006 FLSA2006-19 FLSA Time spent by police officers in off-duty firearm training
June 1, 2006 FLSA2006-18 FLSA Employees who volunteer to chaperone cultural and sporting activities
May 24, 2006 FMLA2006-5-A FMLA SCA health and welfare payments and maintenance of group health benefits during FMLA leave
May 23, 2006 FLSA2006-17 FLSA Foreign currency and salary basis requirement under section 13(a)(1)
May 22, 2006 FLSA2006-16 FLSA Charitable donation solicitors and outside sales under section 13(a)(1)
May 12, 2006 FLSA2006-15 FLSA Salaried non-exempt employees’ sick leave and fluctuating workweek overtime
May 12, 2006 FLSA2006-14 FLSA Companionship services and section 13(a)(15)
April 28, 2006 FLSA2006-13 FLSA Police officers who work for a third party servicing a city-owned coliseum and section 7(p)(1)
April 6, 2006 FLSA2006-12 FLSA Students in university externship program and employment relationship
March 31, 2006 FLSA2006-11 FLSA Mortgage loan officers and outside sales under section 13(a)(1)
March 10, 2006 FLSA2006-10 FLSA Compensating law enforcement officers for canine care and section 7(g)(2)
March 10, 2006 FLSA2006-9 FLSA Private health club/fitness center and section 7(i)
March 10, 2006 FLSA2006-8 FLSA Employee stock purchase plan and regular rate under section 7(e)(3)(b)
March 10, 2006 FLSA2006-7 FLSA Deductions from salary for damage or loss of company equipment and section 13(a)(1)
March 10, 2006 FLSA2006-6 FLSA Required minimum hours and make-up time under section 13(a)(1)
March 3, 2006 FLSA2006-5 FLSA Employees who study English language lesson materials and hours worked (29 C.F.R. 785.27-.31)
February 13, 2006 FMLA2006-4-A FMLA Whether FMLA leave counts as hours worked for future health insurance eligibility
January 31, 2006 FMLA2006-3-A FMLA Cafeteria plan allotments and maintenance of group health benefits during FMLA leave
January 27, 2006 FLSA2006-4 FLSA Civic and charitable volunteer activities and compensable work time under the FLSA
January 17, 2006 FMLA2006-1-A FMLA Vacating employer-provided lodging while on FMLA leave
January 13, 2006 FLSA2006-3 FLSA Transportation of pallets and kegs under section 13(b)(1)
January 13, 2006 FLSA2006-2 FLSA Code compliance officer who volunteers as a reserve police officer and section 3(e)(4)(A)
January 13, 2006 FLSA2006-1 FLSA Tips charged on a credit card and section 3(m)
December 16, 2005 FLSA2005-54 FLSA Paralegals and section 13(a)(1)
November 17, 2005 FMLA2005-3-A FMLA “Rolling” 12-month leave period and the 1250 hours test for eligibility
November 14, 2005 FLSA2005-53 FLSA Employees of health and athletic clubs and section 7(i)
November 14, 2005 FLSA2005-52 FLSA Unmarried staff and the section 13(b)(24) houseparent exemption
November 10, 2005 FLSA2005-51 FLSA Nonexempt employees who volunteer as coaches/advisors and nominal fees under section 3(e)(4)(A)
November 4, 2005 FLSA2005-50 FLSA Social workers and caseworkers under section 13(a)(1)
November 4, 2005 FLSA2005-49 FLSA Respiratory therapists and substitution under section 7(p)(3)
November 4, 2005 FLSA2005-48 FLSA Summer camp employees under sections 13(a)(1) and 13(a)(3)
November 4, 2005 FLSA2005-47 FLSA Retention benefits/stay bonus and section 7(e)
October 28, 2005 FLSA2005-46 FLSA Salary docking for weather-related absences and section 13(a)(1)
FLSA2005-45 FLSA Staffing manager and section 13(a)(1)
October 24, 2005 FLSA2005-44 FLSA Carpet/furniture cleaning business and section 7(i)
October 24, 2005 FLSA2005-43 FLSA Aviation museum curator and section 13(a)(1)
October 24, 2005 FLSA2005-42 FLSA Academic advisors and intervention specialists under section 13(a)(1)
October 24, 2005 FLSA2005-41 FLSA Leave taken during inclement weather and section 13(a)(1)
October 14, 2005 FLSA2005-40 FLSA Police lieutenants, police captains and fire battalion chiefs under section 13(a)(1)
October 13, 2005 FLSA2005-39 FLSA Substitute teachers and section 13(a)(1)
October 13, 2005 FLSA2005-38 FLSA Beauty school instructors and section 13(a)(1)
October 11, 2005 FLSA2005-37 FLSA Bookkeeper/office manager, maintenance supervisor and maintenance personnel under section 13(a)(1)
October 3, 2005 FLSA2005-36 FLSA Call-back pay and section 7(e)(2)
October 3, 2005 FLSA2005-35 FLSA Medical coders under section 13(a)(1)
September 23, 2005 FLSA2005-34 FLSA Deductions from professor’s pay and section 13(a)(1)
September 16, 2005 FLSA2005-33 FLSA Employees who volunteer at run sponsored by their non-profit employer
September 14, 2005 FMLA2005-2-A FMLA New Medical Certifications and 2nd or 3rd Opinions
September 9, 2005 FLSA2005-32 FLSA Volunteer reserve deputies and section 3(e)(4)
September 2, 2005 FLSA2005-31 FLSA Imposed gratuities and section 3(m)
August 29, 2005 FLSA2005-30 FLSA Regional advocates for individuals with disabilities and section 13(a)(1)
August 26, 2005 FLSA2005-29 FLSA Nonexempt employees who also teach and sections 13(a)(1) and 7(g)(2)
August 26, 2005 FLSA2005-28 FLSA Mechanical or electrical sales engineer and section 13(a)(1)
August 26, 2005 FLSA2005-27 FLSA Medical equipment installation technicians and section 13(b)(1)
August 26, 2005 FLSA2005-26 FLSA Original and creative work and section 13(a)(1)
August 26, 2005 FLSA2005-25 FLSA Insurance claims adjusters and section 13(a)(1)
August 26, 2005 FLSA2005-24 FLSA Accountants paid on fee basis and section 13(a)(1)
August 26, 2005 FLSA2005-23 FLSA Court reporters and coordinators under section 3(e)(2)(C)
August 26, 2005 FLSA2005-22 FLSA Previous year bonus and OT regular rate calculation
August 26, 2005 FMLA2005-1-A FMLA Placement of child for foster care or adoption
August 19, 2005 FLSA2005-21 FLSA Background investigators and section 13(a)(1)
August 19, 2005 FLSA2005-20 FLSA Nurses paid salary and hourly and section 13(a)(1)
August 2, 2005 FLSA2005-19 FLSA Relationship of 29 CFR 541 sections to previous regulation
May 31, 2005 FLSA2005-18 FLSA Reimbursement of Internal Training Costs
May 27, 2005 FLSA2005-17 FLSA Shifts Overlapping Workweeks
April 11, 2005 FLSA2005-16 FLSA Timesheets and Partial-Day Salary Docking
April 11, 2005 FLSA2005-15 FLSA Joint Employment
March 17, 2005 FLSA2005-14 FLSA Nonexempt Office Assistant
March 17, 2005 FLSA2005-13 FLSA Domestic Service Exemption
March 17, 2005 FLSA2005-12 FLSA Wage Hour Division's policy regarding the companionship services exemption
January 11, 2005 FLSA2005-11 FLSA Brush eradication and agriculture
January 11, 2005 FLSA2005-10 FLSA Intra/interstate transportation of gasoline and section 13(b)(1)
January 7, 2005 FLSA2005-9 FLSA Paralegal and section 13(a)(1)
January 7, 2005 FLSA2005-8 FLSA Data entry/receptionist and section 13(a)(1)
January 7, 2005 FLSA2005-7 FLSA Paid time off bank and 29 CFR 541.602
January 7, 2005 FLSA2005-6 FLSA Multi establishment enterprise and section 7(i)
January 7, 2005 FLSA2005-5 FLSA Timekeeping system and 29 CFR 541.602
January 7, 2005 FLSA2005-4 FLSA National and Community Service Act
January 7, 2005 FLSA2005-3 FLSA Prepayment plan for overtime
January 7, 2005 FLSA2005-2 FLSA Junior-level claims examiners and section 13(a)(1)
January 7, 2005 FLSA2005-1 FLSA Project, Business development and marketing managers and section 13(a)(1)
November 23, 2004 FLSA2004-23 FLSA Donating and exchanging time under section 7(p)(3)
November 22, 2004 FLSA2004-22 FLSA Meal period
November 17, 2004 FLSA2004-21 FLSA Airline affiliates and section 13(b)(3)
November 9, 2004 FLSA2004-20 FLSA Furniture dealership and section 7(i)
November 5, 2004 FLSA2004-19 FLSA Fire captain volunteering as a chaplain
October 29, 2004 FLSA2004-18 FLSA Pre-hire job view
October 28, 2004 FLSA2004-17 FLSA Smokers' insurance premiums and section 7(e)
October 19, 2004 FLSA2004-16 FLSA Pre-employment training and employment relationship
October 18, 2004 FLSA2004-15 FLSA Employment of volunteer fire fighters as paid staff
October 8, 2004 FLSA2004-14 FLSA Gap time and overtime
October 7, 2004 FLSA2004-13 FLSA Regulatory board as a public agency
October 4, 2004 FMLA2004-3-A FMLA Substitution of paid sick or medical leave
October 1, 2004 FLSA2004-12 FLSA Non-exempt school employees as volunteer coaches and sponsors
September 21, 2004 FLSA2004-11 FLSA Incentive pay and overtime
September 20, 2004 FLSA2004-10 FLSA Comp time for hours under 40 per wk. and section 7(o)
September 9, 2004 FLSA2004-9 FLSA Nurses and section 7(b)
September 7, 2004 FLSA2004-8 FLSA Media assistant-coach and same or similar services
July 27, 2004 FLSA2004-7 FLSA Sleep time in residential care facilities
July 14, 2004 FLSA2004-6 FLSA Volunteers in public schools
June 25, 2004 FLSA2004-5 FLSA Section 13(a)(1) and the salary basis requirement
June 1, 2004 FLSA2004-4 FLSA Section 7(k) and Port of entry officers
May 25, 2004 FMLA2004-2-A FMLA Medical Recertification and 29 CFR Part 825.308
May 13, 2004 FLSA2004-3 FLSA Meal expenses and Section 7(e)(2)
April 5, 2004 FMLA2004-1-A FMLA Counting Employees from temporary agencies
February 5, 2004 FLSA2004-2 FLSA Seafood processing plants not agriculture
February 5, 2004 FLSA2004-1 FLSA Seafood processors and section 13(a)(6)(C)
July 24, 2003 FMLA2003-3-A FMLA Terminated in violation
July 9, 2003 FLSA2003-5 FLSA Compensation system complies with 29 CFR 541.118
July 2, 2003 FLSA2003-4 FLSA Cafeteria benefit plans
May 9, 2003 FLSA2003-3 FLSA State police and section 7(p)(1)
April 14, 2003 FLSA2003-2 FLSA Volunteer fire fighters and section 3(e)(4)(A)
March 17, 2003 FLSA2003-1 FLSA Automobile finance and insurance salesperson and section 7(i)
March 5, 2003 FMLA2003-1-A FMLA Defer to arbitration agreements
November 19, 2002 FLSA2002-11 FLSA Insurance claims adjusters and section 13(a)(1)
November 1, 2002 FLSA2002-10 FLSA Paid sick leave as compensable hours worked
October 7, 2002 )FLSA2002-9 FLSA Employment status of students bagging groceries for tips
September 5, 2002 FLSA2002-8 FLSA Employment status of youth in summer job training program
August 16, 2002 FLSA2002-7 FLSA Companionship services exemption
August 13, 2002 FLSA2002-6 FLSA Firefighters and sleep time
August 6, 2002 FLSA2002-5 FLSA Section 13 (a)(1) and servicing employer's customers
August 6, 2002 FMLA2002-5-A FMLA Failure to notify of FMLA eligibility status
July 19, 2002 FLSA2002-4 FLSA Career EMT being a volunteer EMT
June 7, 2002 FLSA2002-3 FLSA Section 7(p)(1) and off duty police officers
June 6, 2002 FLSA2002-2 FLSA Meat packing industry and section 3(o). NOTE: This letter has been withdrawn. See Administrator Interpretation 2010-2.
June 5, 2002 FLSA2002-1 FLSA Career firefighter/paramedic employees being volunteers
November 27, 2001 FLSA2001-19 FLSA Career firefighters performing volunteer work
July 31, 2001 FLSA2001-18 FLSA Nurses and volunteer hours / training time
June 1, 2001 FLSA2001-17 FLSA Tribal employees employed as nurses
May 19, 2001 FLSA2001-16 FLSA Compensability of break time
May 19, 2001 FLSA2001-15 FLSA Olympic Games and section 213(a)(3)
May 14, 2001 FLSA2001-14 FLSA Domestic service employment and section 13(a)(15)
May 8, 2001 FLSA2001-13 FLSA Coverage of psychiatric rehabilitation programs
May 1, 2001 FLSA2001-12 FLSA Section 7(g) and computation of the regular rate
April 18, 2001 FLSA2001-11 FLSA Travel time in company owned vehicles
April 18, 2001 FLSA2001-10 FLSA Home office sales consultants not administrative employees
March 5, 2001 FLSA2001-9 FLSA Loaders and section 13(b)(1)
March 5, 2001 FLSA2001-8 FLSA Certified scuba instructor as exempt
February 16, 2001 FLSA2001-7 FLSA Deductions from wages for the cost of uniforms
February 14, 2001 FLSA2001-6 FLSA Bonus money included in regular rate of pay
February 14, 2001 FLSA2001-5 FLSA 401(k) profit sharing plans and section 7(e)(3)(b)
February 14, 2001 FLSA2001-4 FLSA Teachers and section 13(a)(1)
February 14, 2001 FLSA2001-3 FLSA Regular rate and vacation, holiday, and sick pay
February 14, 2001 FLSA2001-2 FLSA Automobile salespersons and section 13(b)(10)
February 14, 2001 FLSA2001-1 FLSA 401(k) pension plans and section 7(e)(3)(b)
September 11, 2000 FMLA-112 FMLA Intermittent Leave and the 1250 hours test for eligibility
December 12, 1996 FMLA-87 FMLA Definition of "Serious Health Condition"/Cold or Flu/Visit to the Doctor/Definition of "continuing treatment"
December 12, 1996 FMLA-86 FMLA Definition of "Serious Health Condition"
October 25, 1996 FMLA-84 FMLA Leave to care for child newly placed in foster care
November 23, 1994 FMLA-50 FMLA DOL Comments on paper entitled "The Family and Medical Leave Act: A Survey and an Analysis of its Impact and Implications."
April 19, 1994 FMLA-35 FMLA FMLA and reasonable accommodations
March 21, 1994 FMLA-31 FMLA Attendance, safety, and production bonuses
January 10, 1994 FMLA-25 FMLA Long Term Disability Insurance Policies/Pre-existing conditions
December 9, 1993 FMLA-22 FMLA Definition of "employer"
November 15, 1993 FMLA-18 FMLA 1250 Hours Worked Requirement
November 15, 1993 FMLA-17 FMLA Light Duty/Transferring to Alternate Position
November 5, 1993 FMLA-15 FMLA Furnishing lodging to eligible employee
November 2, 1993 FMLA-12 FMLA Designating and notifying employee of FMLA leave. NOTE: This letter is under review in light of issues raised by the U.S. Supreme Court in Ragsdale v. Wolverine World Wide, Inc. and other judicial decisions. It may be superceded by FMLA2002-5-A.