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May 8, 2009   
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ESA OFCCP OLMS OWCP WHD
Wage and Hour Division - To promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce.

Opinion Letters - Fair Labor Standards Act - NA

Quick Index: 2009, 2008, 2007, 2006, 2005, 2004, 2003


Number

2009
Letter Subject


Date/Format

FLSA2009-4NA

Regular rate computation as a percentage
of project labor bid

January 15, 2009
(PDF, TEXT)

FLSA2009-3NA

Payment plan for nonexempt gasoline
service station employees and section 7(f)

January 15, 2009
(PDF, TEXT)

FLSA2009-2NA*

Regular rate calculation for fire fighters and alarm operators

January 15, 2009
(PDF, TEXT)

FLSA2009-1NA*

Commercial construction project superintendents and section 13(a)(1)

January 15, 2009
(PDF, TEXT)

 

* Some of the posted opinion letters, as designated by asterisk, were not mailed before January 21, 2009. While the Wage and Hour Division is making these letters available to the requestor and to the public, the agency has decided to simultaneously withdraw these letters for further consideration. A final response to these opinion letter requests will be provided in the future.



Number

2008
Letter Subject


Date/Format

FLSA2008-14NA

On-call period and hours worked

December 18, 2008
(PDF, TEXT)

FLSA2008-13NA

Daycare center instructors and the teacher exemption under section 13(a)(1)

September 29, 2008
(PDF, TEXT)

FLSA2008-12NA

Regular rate calculation for commission pay

September 22, 2008
(PDF, TEXT)

FLSA2008-11NA

Detention officers volunteering as reserve sheriff deputies and section 3(e)(4)(A)

September 22, 2008
(PDF, TEXT)

FLSA2008-10NA

Service coordinators and the learned professional exemption under section 13(a)(1)

June 9, 2008
(PDF, TEXT)

FLSA2008-9NA

Jailers and section 7(k)

May 30, 2008
(PDF, TEXT)

FLSA2008-8NA

On-call time and hours worked

May 23, 2008
(PDF, TEXT)

FLSA2008-7NA

Missed meal breaks, premium pay offset, unrecorded work and rounding

May 15, 2008
(PDF, TEXT)

FLSA2008-6NA

Sales of novelty items at promotional events and outsides sales under section 13(a)(1)

May 08, 2008
(PDF, TEXT)

FLSA2008-5NA

Patrol and detention officers also working as civilian communications personnel and section 7(p)(2)

March 07, 2008
(PDF, TEXT)

FLSA2008-4NA

Plant managers and section 13(a)(1)

February 29, 2008
(PDF, TEXT)

FLSA2008-3NA

Paid firefighter performing volunteer firefighting services for the same fire company

February 29, 2008
(PDF, TEXT)

FLSA2008-2NA

Timekeeping for on-line computer-based training done at home

February 14, 2008
(PDF, TEXT)

FLSA2008-1NA

Proration of salary requirement for part-time position and section 13(a)(1)

February 14, 2008
(PDF, TEXT)

 


 


Number

2007
Letter Subject


Date/Format

FLSA2007-3NA

Payments as expenses, reasonable benefits or a nominal fee and volunteer status  

September 3, 2007
(PDF, TEXT)

FLSA2007-2NA

Court reporter and section 13(a)(1)

August 23, 2007
(PDF, TEXT)

FLSA2007-1NA

Automatic deduction of a 30-minute lunch period and recordkeeping

May 14, 2007
(PDF, TEXT)

 


 


Number

2006
Letter Subject


Date/Format

FLSA2006-25NA

Volunteer firefighters and paid part-time employment  

December 1, 2006
(PDF, TEXT)

FLSA2006-24NA

Deductions from bonus payments and salary basis under section 13(a)(1)

November 3, 2006
(PDF, TEXT)

FLSA2006-23NA

Executive and administrative assistants under section 13(a)(1)  

October 26, 2006
(PDF, TEXT)

FLSA2006-22NA

Working multiple school jobs and section 7(a)

October 20, 2006
(PDF, TEXT)

FLSA2006-21NA

City and state appointed board as separate employers under section 7(p)(1)  

October 5, 2006
(PDF, TEXT)

FLSA2006-20NA

Case managers who work with people with developmental disabilities and section 13(a)(1)

September 8, 2006
(PDF, TEXT)

FLSA2006-19NA

Volunteering after terminating paid employment and section 3(e)(4)(A)  

July 24, 2006
(PDF, TEXT)

FLSA2006-18NA

Payments made to forego holidays and section 7(e)(2)

July 24, 2006
(PDF, TEXT)

FLSA2006-17NA

Dairy farm work as agriculture 

July 6, 2006
(PDF, TEXT)

FLSA2006-16NA

Pay raise based on performance during the previous calendar quarter and section 7(e)(3)

June 29, 2006
(PDF, TEXT)

FLSA2006-15NA

Auto dealership’s detailers and painters paid by flat rate under section 7(i) 

June 29, 2006
(PDF, TEXT)

FLSA2006-14NA

Employee providing clerical review of bid proposals and section 13(a)(1)

June 29, 2006
(PDF, TEXT)

FLSA2006-13NA

Private agency employees working in supported living homes for developmentally disabled individuals and section 13(a)(15) 

June 23, 2006
(PDF, TEXT)

FLSA2006-12NA

Time spent by police officers transporting prisoners and sections 6 and 7

June 23, 2006
(PDF, TEXT)

FLSA2006-11NA

Executive secretary and coverage under section 3(e)(2)(C) 

June 1, 2006
(PDF, TEXT)

FLSA2006-10NA

Part-time salaried employee and section 13(a)(1)
 

June 1, 2006
(PDF, TEXT)

FLSA2006-9NA

Bonus payments based on full-year employment and section 7(e)(3)(a)

May 11, 2006
(PDF, TEXT)

FLSA2006-8NA

Production incentive pay plan and section 7

May 11, 2006
(PDF, TEXT)

FLSA2006-7NA

Blended rate pay plan under section 7

May 4, 2006
(PDF, TEXT)

FLSA2006-6NA

City firefighters who volunteer for the county fire protection district

April 28, 2006
(PDF, TEXT)

FLSA2006-5NA

Team bonus plan and section 7(e)(3)

April 27, 2006
(PDF, TEXT)

FLSA2006-4NA

Percentage of total earnings bonus plan and section 7(a)

February 17, 2006
(PDF, TEXT)

FLSA2006-3NA

County board and library not the same public agency

January 17, 2006
(PDF, TEXT)

FLSA2006-2NA

Police training under section 7(k) and typing notes as compensable time

January 17, 2006
(PDF, TEXT)

FLSA2006-1NA

Travel time to wash before meal break

January 17, 2006
(PDF, TEXT)

 


 


Number

2005
Letter Subject


Date/Format

FLSA2005-17NA

Joint Employment

June 14, 2005
(PDF, TEXT )

FLSA2005-16NA

Public agency employee and volunteer services under section 3(e)(4)(A)(ii)

December 20, 2005
(PDF, TEXT)

FLSA2005-15NA

Educational incentive pay and section 7(e)

November 29, 2005
(PDF, TEXT)

FLSA2005-14NA

Off-duty firefighters and section 7(p)(1)

November 14, 2005
(PDF, TEXT)

FLSA2005-13NA

Notice and duration of agreement/understanding under section 7(o)

November 4, 2005
(PDF, TEXT)

FLSA2005-12NA

Church employees and coverage

September 23, 2005
(PDF, TEXT)

FLSA2005-11NA

Chief of police and section 13(b)(20)

September 16, 2005
(PDF, TEXT)

FLSA2005-10NA

Pilots, nurses, and paramedics under section 13(b)(3)

September 16, 2005
(PDF, TEXT)

FLSA2005-9NA

County firefighters/paramedics and sections
3(y) and 7(k)

September 9, 2005
(PDF, TEXT)

FLSA2005-8NA

Home for dependent children and sections 3(r) and (s)

September 2, 2005
(PDF, TEXT)

FLSA2005-7NA

Timber land management and section 13(b)(28)

August 26, 2005
(PDF, TEXT)

FLSA2005-6NA

Peer reviewers as volunteers

August 26, 2005
(PDF, TEXT)

FLSA2005-5NA

Private express mail delivery and section 13(b)(1)

July 29, 2005
(PDF, TEXT)

FLSA2005-4NA

Bonus payments included in regular rate of pay

July 5, 2005
(PDF, TEXT)

FLSA2005-3NA

Time spent obtaining medical verification

May 16, 2005
(PDF, TEXT)

FLSA2005-2NA

Intrastate truck drivers and 13(b)(1)

April 27, 2005
(PDF, TEXT)

FLSA2005-1NA

Section 7(g)(2) and two or more different types of work

February 14, 2005
(PDF, TEXT)

 


 


Number

2004
Letter Subject


Date/Format

FLSA2004-31NA

Part-time elected official/part-time
employee

December 13, 2004
(PDF, TEXT)

FLSA2004-30NA

Foster home and FLSA enterprise coverage

December 13, 2004
(PDF, TEXT)

FLSA2004-29NA

Children’s home house parents and section 13(b)(24)

November 30, 2004
(PDF, TEXT)

FLSA2004-28NA

Manufactured housing and section 13(b)(1)

October 29, 2004
(PDF, TEXT)

FLSA2004-27NA

Tanker drivers and section 13(b)(1)

October 29, 2004
(PDF, TEXT)

FLSA2004-26NA

Deputy Sheriffs/detention deputies, same type of services under section 3(e)(4)(A)

October 29, 2004
(PDF, TEXT)

FLSA2004-25NA

Correction officer/volunteer deputy, same type of services under section 3(e)(4)(A)

October 22, 2004
(PDF, TEXT)

FLSA2004-24NA

Use of FLSA and non-FLSA compensatory time and section 7(o)(5)

October 15, 2004
(PDF, TEXT)

FLSA2004-23NA

Pay plan and section 7

October 13, 2004
(PDF, TEXT)

FLSA2004-22NA

Selling cars via the internet and section 13(b)(10)(A)

October 12, 2004
(PDF, TEXT)

FLSA2004-21NA

Two health care providers as a single enterprise

October 8, 2004
(PDF, TEXT)

FLSA2004-20NA

Educational assistants who volunteer to coach and section 3(e)(4)(A)

October 8, 2004
(PDF, TEXT)

FLSA2004-19NA

Deduction from pay to recoup over payment

October 8, 2004
(PDF, TEXT)

FLSA2004-18NA

Alternative work schedule and workweek under section 7

October 8, 2004
(PDF, TEXT)

FLSA2004-17NA

Deductions from pay for unearned vacation time

October 6, 2004
(PDF, TEXT)

FLSA2004-16NA

Lump sum payment and section 7(e)

September 28, 2004
(PDF, TEXT)

FLSA2004-15NA

Compensability of voluntary travel

September 21, 2004
(PDF, TEXT)

FLSA2004-14NA

Piece rate bonus and section 7(e)

September 20, 2004
(PDF, TEXT)

FLSA2004-13NA

Compensability of out-of-town training

September 20, 2004
(PDF, TEXT)

FLSA2004-12NA

Collective bargaining and section 7(b)(2)

September 20, 2004
(PDF, TEXT)

FLSA2004-11NA

Two employers and section 7(p)(1)

August 26, 2004
(PDF, TEXT)

FLSA2004-10NA

Sales representatives and section 13(b)(1)

August 17, 2004
(PDF, TEXT)

FLSA2004-9NA

Air carrier and section 13(b)(3)

August 17, 2004
(PDF, TEXT)

FLSA2004-8NA

Additional work time — Insubstantial or insignificant (de minimis)

August 12, 2004
(PDF, TEXT)

FLSA2004-7NA

Meal period compensability when restricted to the premises

August 6, 2004
(PDF, TEXT)

FLSA2004-6NA

Summer camp and section 13(a)(3) of the FLSA

August 4, 2004
(PDF, TEXT)

FLSA2004-5NA

Internship program and employment relationship under FLSA

May 17, 2004
(PDF, TEXT)

FLSA2004-4NA

Timekeeping for exempt/nonexempt employees

May 13, 2004
(PDF, TEXT)

FLSA2004-3NA

Nonprofit association and FLSA enterprise coverage

April 9, 2004
(PDF, TEXT)

FLSA2004-2NA

Cashing out accrued vacation time and overtime computation

April 5, 2004
(PDF, TEXT)

FLSA2004-1NA

Garments as uniforms under FLSA

March 30, 2004
(PDF, TEXT)

 


 


Number

2003
Letter Subject


Date/Format

FLSA2003-4NA

Training officer under section 13(a)(1)

October 15, 2003
(PDF, TEXT)

FLSA2003-3NA

Salary basis and deductions for full sick
days

May 5, 2003
(PDF, TEXT)

FLSA2003-2NA

Posting requirements on multi-employer worksites

March 3, 2003
(PDF, TEXT)

FLSA2003-1NA

Administrative assistant and section
13(a)(1)

Februrary 14, 2003
(PDF, TEXT)

 

 

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