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January 14, 2019

DOL Opinion Letter Offers Guidance On Overtime And Minimum Wage

The U.S. Department of Labor (DOL) Wage and Hour Division recently released a new opinion letter that addresses compliance under the Fair Labor Standards Act (FLSA) related to overtime and minimum wage.

The letter explained that, in arrangements where an employee’s hourly rate varies from week to week, an employer cannot assume an average number for purposes of calculating overtime when the employee’s actual regular rate of pay exceeds that assumed amount.

According to the Wage and Hour Division, DOL opinion letters serve as a means by which the public, including businesses, can develop a clearer understanding of what FLSA and Family Medical Leave Act compliance entails.

Click here to read more about opinion letters and click here to read the letter referenced above.