The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has released a new batch of four opinion letters interpreting various issues arising under the federal Fair Labor Standards Act (FLSA).

FLSA opinion letters are issued by WHD in response to a request for guidance from a stakeholder, and represent the agency’s current enforcement stance on a specific FLSA compliance issue. While opinion letters do not have the same force as an agency regulation, the courts often have given them deference when ruling on FLSA compliance matters.

The four new letters, discussed in more detail below, address the following issues:

  • application of the FLSA’s overtime exemption applicable to retail or service employees on commission to certain truck drivers;
  • reasonable expense reimbursement calculations;
  • whether highly paid corporate trainers are exempt professionals; and
  • guidance regarding the so-called fluctuating workweek method of pay.

Members of the Center for Workplace Compliance (CWC) can read more here.