Key Employer Takeaways From DOL's New Opinion Letters

By Tammy Daub and Daniel Emam (April 25, 2018, 12:06 PM EDT) -- In a show of transparency, on April 12, 2018, the U.S. Department of Labor's Wage and Hour Division returned to its practice of laying out its position on wage and hour issues by releasing three new opinion letters, providing clarity on specific questions relating to compensable time and wage garnishment. Two of the opinion letters released on April 12 were drafted by Acting Administrator Bryan Jarrett and one letter, known as a nonadministrator letter, was prepared by Keith Sonderling, senior policy adviser for the WHD. Opinion letters drafted by WHD administrators have historically served as a tool employers rely upon when defending against wage claims arising under the Fair Labor Standards Act: they are official policy statements and rulings by the WHD. Opinion letters signed by nonadministrator personnel are also official statements of WHD policy but do not constitute official rulings and generally cannot be relied upon as binding authority when defending against wage claims....

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