August 7, 2020

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The Letters Keep Rolling In: DOL Issues 3 More FLSA and FMLA Opinions

On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). Here’s a brief summary of each letter:

FMLA2019-2-A addresses whether time off to attend a Committee on Special Education meeting to discuss the Individualized Education Program (IEP) of the employee’s child qualifies as FMLA leave.

FLSA2019-11 addresses the application of the FLSA section 7(k) overtime exemption and, specifically, whether an employee who works for a public agency’s fire department and police department is entitled to overtime compensation “irrespective of the number of hours worked in either position, or cumulatively.”

FLSA2019-12 answers a question regarding whether reserve deputies who volunteer their services but who are paid to perform security work for third parties “maintain their status as volunteers or are instead employees” under the FLSA.

According to the DOL’s press release, these are “the 44th, 45th, and 46th opinion letters issued by WHD during this Administration.”

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 224


About this Author

Charles Mc Donald, Ogletree Deakins Law Firm, Employment and Litigation Attorney

My name is Chuck McDonald and I am a shareholder in the Greenville office and I practice primarily in the area of employment litigation. I was certified as a specialist in employment and labor law by the Supreme Court of South Carolina in 2006. I represent a variety of employers in employment litigation matters ranging from breach of employment contracts to cases involving discrimination in areas of race, sex, age, and disability in both individual and class actions. I also counsel employers regarding wage and hour matters such as employee compensation, exempt/nonexempt...

Hera S Arsen PhD
Managing Editor of Firm Publications

Hera S. Arsen, J.D., Ph.D., is Managing Editor of the firm's publications, overseeing the firm's print and online legal publications and content. Hera, who joined Ogletree Deakins in 2003, is directly responsible for writing and editing the firm's national legal content, including coverage of federal agencies and the Supreme Court of the United States. She also oversees the Ogletree Deakins blog, which covers the latest legal news from over 20 practice-areas and jurisdictions. As leader of the firm's blog, Hera writes blog posts on a variety of legal issues, edits attorney-authored blog posts, and strategizes on the development of timely content. Her articles have been featured in a number of publications and media outlets.