Capitol Correspondence - 09.01.20

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

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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”.