DOL Says Staffing Firm Workers Can Be Exempt From FLSA

Law360 (January 19, 2021, 7:49 PM EST) -- Employees of staffing firms can fit into an exemption to federal overtime pay requirements for workers at retail and service businesses, the U.S. Department of Labor said Tuesday in an opinion letter it issued just before President-elect Joe Biden takes office.

The agency's Wage and Hour Division made the assessment in one of four opinion letters posted to its website that provide guidance to businesses and industry groups that asked how to apply the Fair Labor Standards Act to their workers.

In one letter responding to a trade association for staffing companies, Wage and Hour Administrator Cheryl Stanton said "a typical...

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