DOL Issues Additional Guidance on Paid Leave and Fair Labor Standards Act

The Department of Labor issued new guidance that could be relevant to how our members comply with regulations surrounding pandemic-related paid leave and the Fair Labor Standards Act. These are:

• An FAQ on “eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning.”
• An opinion letter on “whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.”
• An opinion letter on “whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA”.