On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the trucking industry.
On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).
On January 15, 2021, the DOL’s Wage and Hour Division issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the FLSA’s overtime and minimum wage requirements.
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act.
The Oregon Supreme Court recently held that an arbitrator's award of attorney fees, approved by a court, cannot be categorically limited where a defendant’s offer of judgment exceeds plaintiff’s ultimate recovery at trial.
On January 7, 2021, Mexico’s National Institute of Statistics and Geography published the new values for the Updated Metric Unit that will take effect on February 1, 2021.