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WHD issues FLSA opinion letters and considers changes to exemptions

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On August 28, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued four new opinion letters, each interpreting a different aspect of the Fair Labor Standards Act (FLSA). The WHD resumed issuing opinion letters, which serve as official written interpretations about how the FLSA applies in specific situations, in mid-2017. This time around, the opinion letters covered topics such as employer-sponsored wellness events, whether the movie theater overtime exemption applies to in-theater-restaurant workers, and whether employees serving as volunteer graders for non-profit professional credentialing organizations are entitled to overtime pay for time spent on that task. For brief summaries of each of the letters, refer to this National Law Review article.

In addition to these opinion letters, the WHD announced their plans to analyze and consider changes to FLSA “white collar exemptions,” which apply to executive, administrative, professional, and outside sales employees. Specifically, they’re looking into the pros and cons of adjusting the salary threshold for exemption. As part of this effort, the WHD hosted five public listening sessions in September in various locations across the country to invite public comment.