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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters

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The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters can be found here.

The six new opinion letters address the following issues:

  • Compensability of time spent voluntarily attending benefit fairs and certain wellness activities
  • Application of the movie theater overtime exemption under the FLSA to a movie theater that also offers dining services
  • Application of the commissioned sales employee overtime exemption under the FLSA to a company that sells an internet payment software platform
  • Volunteer status of nonprofit members serving as credentialing examination graders
  • “No-fault” attendance policies and roll-off of attendance points when an employee is taking leave under the FMLA
  • Organ donors’ qualification for FMLA leave

The WHD also now offers a search function allowing users to search opinion letters by key word, year, topic, and a variety of other filters