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The DOL Wage & Hour Division Issued Three New Opinion Letters on 4/12/18

On April 12, 2018 the U.S. Department of Labor (DOL) Wage & Hour Division issued three new opinion letters. These are the first opinion letters issued in over 9 years. Opinion letters provide employers with important guidance related to real-life situations employers are confronted with in the workplace.

The opinion letters addressed:

  • What constitutes time worked under the Fair Labor Standards Act (FLSA) when an employee travels for work (FLSA2018-18);
  • Whether 15-minute rest breaks required every hour by an employee’s serious health condition must be paid or may be uncompensated (See FLSA2018-19);
  • Whether certain lump-sum payments from employers to employees are considered “earnings” for garnishment purposes under Title III of the Consumer Credit Protection Act (See CCPA22018-1NA).

The DOL is encouraging employers to submit questions to generate future opinions. Employers can visit the DOL webpage to learn how to request an opinion letter or determine whether there is existing agency guidance that already addresses their question.

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