Department of Labor Issues Guidance
Periodically the Department of Labor issues guidance and tools designed to help employers understand the law and stay in compliance. Yesterday the Department issued several opinion letters and a fact sheet. While the information is valuable in understanding all the laws that apply, California employers are cautioned to also account for State law which is frequently different and more restrictive than federal law.
Exempt Status Analysis
The Department issued a new fact sheet concerning the “white collar” exemptions from minimum wage and overtime that are commonly found in educational institutions. The fact sheet provides information on the exemptions for education-related jobs such as teachers, coaches, professional employees, administrative employees, graduate teaching assistants, research assistants, and student residential assistants. According to the Department, the fact sheet is a compilation of “longstanding principles and information” related to proper classification. While the information is useful to developing a global understanding of the law and ensuring compliance with federal law, California Az limo employers must remember that State law also governs proper classification and it is not identical to the federal rules. Moreover, State law compliance is essential and more important for the great majority of California employers.
The new fact sheet can be found here:
https://www.dol.gov/whd/overtime/whdfs17s.pdf
Rest Breaks
The Department issues an opinion letter addressing an employer’s request for guidance on whether an employee’s medically-necessary rest breaks are required to be compensated under the federal Fair Labor Standards Act. The opinion addresses basic federal law on rest break compensation and the test of “employee benefit” or “employer benefit.” The opinion letter is instructive on the issue of whether medically-necessary rest breaks that are protected under the Family and Medical Leave Act should be paid time or unpaid time. It should not be used as a complete guide for compliance in California because State law must be examined as well.
The opinion can be found here:
https://www.dol.gov/whd/opinion/FLSA/2018/2018_04_12_02_FLSA.pdf
Compensating for Employee Travel under the FLSA
The Department issued an opinion letter addressing an employer’s request for guidance on how to properly compensate its technicians that travel to job sites and the home office for various aspects of their work. The opinion letter outlines the basic rules under the federal Fair Labor Standards Act governing employee travel. It also shows the complexity of applying the law in the context of employees’ various reasons for and types of travel. For the great majority of California employers, the opinion letter is only valuable in showing the level of complexity involved in getting the compensation correct. It should not be used as a complete guide for compliance in California because State law on employee travel is different in several respects than federal law.
The opinion can be found here:
https://www.dol.gov/whd/opinion/FLSA/2018/2018_04_12_01_FLSA.pdf