Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.

Aaron ChaetCampbell Litigation, P.C.September 3, 2020WHD, Wage and Hour Division, Wage and Hour, FLSA, Fair Labor Standards Act, Fluctuating WorkweekComment

The Department of Labor’s Revised Rules Allow More Employers To Assert Overtime Exemptions

On May 19, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a final rule that withdrew the “partial list of establishments” it previously viewed as having “no retail concept,” which disqualified the employees of certain commissioned retail and service establishment from the Fair Labor Standard Act’s (“FLSA”) overtime exemption.

Aaron ChaetCampbell Litigation, P.C.May 21, 2020FLSA, Wage and Hour Division, DOLComment

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