Dept. of Labor releases new guidance on Fair Labor Standards Act

Published: Jun. 27, 2020 at 1:29 PM CDT
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TOPEKA, Kan. (WIBW) - The Department of Labor has released five new opinion letters on the Fair Labor Standards Act.

The Department of Labor says it has released five new guidelines on the Fair Labor Standards Act on how it applies in specific circumstances presented by request letters.

The letters released today address salespeople who travel to different locations and if this qualifies for the outside sales exemption in the FLSA, whether a vehicle manufacturer’s direct payments count toward the minimum wage obligation, if salespeople who perform demonstrations at retail locations qualify for outside sales employee exemption, whether emergency management coordinators employed by a county government qualify for administrative exemptions and if the application of service commission sales exemption where half of an employee’s pay in the period ultimately does not consist of commissions.

“With today’s release, the Wage and Hour Division has now issued 61 opinion letters since January 20, 2017,” said Deputy Secretary of Labor Patrick Pizzella. “These letters demonstrate the Department of Labor’s continued commitment to its ongoing mission, while also remaining focused on igniting the engines of our national economic recovery.”

The Division says existing letters can be found on its website. Request letters may also be submitted tot he Wage and Hour Division to get an opinion on existing guidance. The Division says it exercises discretion in determining whether and how it responds to each request.

“The opinion letters published today provide needed clarity on payroll requirements important to both workers and employers under the Fair Labor Standards Act,” says Wage and Hour Division Administrator Cheryl Stanton. “Several address specific situations in which employers are not required to pay workers at least the federal minimum wage or overtime. Another clarifies when third-party payment constitutes wages. In all cases, these letters demonstrate our commitment to increasing compliance by continuing to increase the clarity and simplicity of our guidance, and to ensuring that employers have the information they need to understand their responsibilities and comply with the law.”

The Wage and Hour Division says its mission in the Department of Labor is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce.

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