Labor Department Offers Guidance on Federal Labor Laws, Including Bonus Pay
The issued six opinion letters designed to promote clarity, consistency, and transparency in the application of federal labor standards under the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).
The opinion letters provide official written interpretations from the division that address real-world questions and explain how laws apply to specific factual circumstances presented by individuals or organizations.
The opinion letters include:
- : Whether an employee鈥檚 role meets the criteria for the learned professional exemption under section 13(a)(1) of the FLSA, and, if so, whether an employer is nevertheless permitted to reclassify the employee as nonexempt.
- : Whether section 7(e) of the FLSA permits an employer to exclude certain bonus payments from an employee鈥檚 regular rate of pay. The letter also addresses how to include these payments in the calculation of employee overtime premiums if the payments must be included in an employee鈥檚 regular rate of pay.
- : Whether a union and employer can enter into a collective bargaining agreement that mandates a 15-minute 鈥渞oll call鈥 prior to each scheduled shift but excludes that time when calculating overtime premiums under the FLSA.
- : Whether, for purposes of the overtime exemption for certain commissioned employees in section 7(i) of the FLSA, an employer in a jurisdiction in which the state minimum wage exceeds the federal minimum wage must use the federal minimum wage, or alternatively, the higher state minimum wage, to determine whether it has satisfied the minimum pay standard in section 7(i)(1), and whether tips are deemed compensation for purposes of section 7(i)(2)鈥檚 requirement that more than half the employee鈥檚 compensation consist of commissions.
- : How a school closure of less than a full week impacts the amount of leave a school employee uses under the FMLA.
- : Whether FMLA leave may be used for time spent traveling to or from medical appointments, including cases in which an employee provided the employer with medical certification from a health care provider that confirms the employee鈥檚 need for the appointment, but the certification does not address travel to or from the appointment.
In June, Deputy Secretary of Labor Keith Sonderling聽, which expands the department鈥檚 longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations. The public is encouraged to use the division鈥檚聽聽to explore past guidance and submit new requests.