The DOL recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable products are employees or independent contractors under the FLSA.
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.