Department of Labor Offers Guidance on Wage-and-Hour Issues

The Wage and Hour Division (WHD) of the U.S. Department of Labor recently released three opinion letters detailing official WHD policies on various wage-and-hour issues. These letters represent the first such publications since the Obama administration abandoned WHD opinion letters in 2010.

The three letters address the following topics:

  • Employee Travel Time – does it qualify as “work time?”
  • Rest Breaks related to an employee’s health condition – is the employer required to compensate for that time?
  • Lump-sum payments of various types – do they constitute “earnings” subject to garnishment limitations?

According to attorney Anthony L. DeProspo Jr., “Employers should pay close attention to these and future WHD opinion letters. In addition to clarifying the law, they offer an affirmative defense to monetary liability if an employer can plead and prove it acted ‘in good faith in conformity with and in reliance on’ an opinion letter.”1

Read More Here.

1DeProspo, Anthony L. Jr. “New Labor Department Opinion Letters Offer Guidance.” Virginia Lawyers Weekly, 33 (2018): 7.

This text is provided with the understanding that ECFA is not rendering legal, accounting, or other professional advice or service. Professional advice on specific issues should be sought from an accountant, lawyer, or other professional.


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