New DOL FLSA Opinion Letters

The U.S. Department of Labor has posted new FLSA opinion letters. In connection with this posting, the DOL issued the following disclaimer:

The Division has posted 36 Administrator opinion letters and four Non-Administrator opinion letters that were signed prior to January 21, 2009. The Administrator signed opinion letters are designated as FLSA2009-1 through FLSA2009-36. The Non-Administrator signed opinion letters are designated as FLSA2009-1NA through FLSA2009-4NA. Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.

In other words, the opinion letters marked with an asterisk will be “reconsidered” by the Obama administration. This disclaimer makes one wonder whether the DOL is about to embark on the course of the NLRB, which is notorious for reversing its own precedents every time a new administration comes to Washington.

More after the break.

The DOL opinion letter page can be found here. Here is a copy of the index of new DOL FLSA Administrator-signed opinion letters:

Number2009

Letter Subject

Date/FormatFLSA2009-36 *Construction supervisors employed by homebuilders and section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-35 *Volunteer fire company contracting for paid EMTs – joint employment and volunteer statusJanuary 16, 2009

(PDF, TEXT)FLSA2009-34 *Product demonstration coordinators and section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-33 *Calculation of salary deductions and section 13(a)(1) salary basisJanuary 16, 2009

(PDF, TEXT)FLSA2009-32 *Fraud/theft analysts and agents under section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-31 *Consultants, clinical coordinators, coordinators, and business development managers under section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-30 *Job bonuses and section 7(e)January 16, 2009

(PDF, TEXT)FLSA2009-29 *Residential construction project supervisor and section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-28Insurance agents and section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-27 *Year-end non-discretionary bonus and section 7(e)January 16, 2009

(PDF, TEXT)FLSA2009-26 *Client service managers and section 13(a)(1)January 16, 2009

(PDF, TEXT)FLSA2009-25 *Salary deductions for full-day absences based on hours missed and section 13(a)(1) salary basisJanuary 16, 2009

(PDF, TEXT)FLSA2009-24 *Premium pay for Sunday and holiday work and fluctuating-workweek method of paymentJanuary 16, 2009

(PDF, TEXT)FLSA2009-23 *Tip credit for dual jobs and related duties under section 3(m)January 16, 2009

(PDF, TEXT)FLSA2009-22 *State minimum wage and tip credit under section 3(m)January 16, 2009

(PDF, TEXT)FLSA2009-21Nondiscretionary safety bonus and section 7(e)January 16, 2009

(PDF, TEXT)FLSA2009-20Enterprise coverage and joint employment with employee leasing companyJanuary 16, 2009

(PDF, TEXT)FLSA2009-19Transportation 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

(PDF, TEXT)FLSA2009-18Deductions from paid time-off plan and section 13(a)(1) salary basisJanuary 16, 2009

(PDF, TEXT)FLSA2009-17Water service employees’ on-call time and compensable hours workedJanuary 16, 2009

(PDF, TEXT)FLSA2009-16Compressed two-week work schedule and section 7January 16, 2009

(PDF, TEXT)FLSA2009-15Time outside normal working hours completing assignments for city-required training programs as hours workedJanuary 15, 2009

(PDF, TEXT)FLSA2009-14Voluntary and mandatory time off policies and section 13(a)(1) salary basisJanuary 15, 2009

(PDF, TEXT)FLSA2009-13Web-based classes taken at home as hours workedJanuary 15, 2009

(PDF, TEXT)FLSA2009-12Barbacks as tipped employees and section 3(m)January 15, 2009

(PDF, TEXT)FLSA2009-11Catering services contractor at a recreational establishment and section 13(a)(3)January 15, 2009

(PDF, TEXT)FLSA2009-10 *Coaches and the teacher exemption under section 13(a)(1)January 15, 2009

(PDF, TEXT)FLSA2009-9 *Helicopter pilots and section 13(a)(1)January 14, 2009

(PDF, TEXT)FLSA2009-8 *Plumbing sales/service technicians and section 7(i)January 14, 2009

(PDF, TEXT)FLSA2009-7 *Ambulance personnel on-call time and hours workedJanuary 14, 2009

(PDF, TEXT)FLSA2009-6Pilots and section 13(a)(1)January 14, 2009

(PDF, TEXT)FLSA2009-5Life guards at town beach and section 13(a)(3)January 14, 2009

(PDF, TEXT)FLSA2009-4Convention and visitors services sales manager under section 13(a)(1)January 14, 2009

(PDF, TEXT)FLSA2009-3Retroactive payment of overtime and the fluctuating workweek method of paymentJanuary 14, 2009

(PDF, TEXT)FLSA2009-2Mandatory use of vacation time and section 13(a)(1) salary basisJanuary 14, 2009

(PDF, TEXT)FLSA2009-1Employer provided training for state-mandated employee certification and compensable hoursJanuary 7, 2009

(PDF, TEXT)

*: Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21, 2009. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.

Here is a copy of the index for the non-Administrator signed letters:

Number2009

Letter Subject

Date/FormatFLSA2009-4NARegular rate computation as a percentage

of project labor bidJanuary 15, 2009

(PDF, TEXT)FLSA2009-3NAPayment plan for nonexempt gasoline

service station employees and section 7(f)January 15, 2009

(PDF, TEXT)FLSA2009-2NA*Regular rate calculation for fire fighters and alarm operatorsJanuary 15, 2009

(PDF, TEXT)FLSA2009-1NA*Commercial construction project superintendents and section 13(a)(1)January 15, 2009

(PDF, TEXT)

* Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21, 2009. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.