Analysis

DOL Opinion Letters Getting Chilly Reception In Courts

Law360 (January 29, 2020, 7:59 PM EST) -- A recent federal court order rejecting U.S. Department of Labor guidance on whether businesses must pay truckers for time they spend in sleeper berths on long trips shows that the DOL's recently revived practice of issuing opinion letters may not be as helpful to employers as some had hoped.

The Jan. 24 decision by U.S. District Judge Timothy Brooks of Arkansas is at least the third to reject the agency's July opinion letter saying businesses don't have to pony up as long as drivers are off duty. Other courts have similarly been skeptical about a 2018 DOL policy change aimed at...

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