In April 2004 the US Department of Labor issued new regulations implementing the FLSA provisions on overtime. Please consult with an attorney before you rely on any DOL Opinion Letters concerning overtime requirements or exempt/nonexempt status of employees.

The DOL Opinion Letters are provided to SHRM courtesy of the Wage and Hour Division, U.S. Department of Labor. The letters cover the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act of 1993 (FMLA). They are dated between 1992-2000, and represent an interpretation of the Acts by the Department of Labor.

These letters are answers to companies that have posed specific questions to DOL, and they are intended to answer only that question for that company. The opinions expressed by DOL in these letters are not meant to provide legal opinions for the general public; they can only be used by the company that requested them as a defense in court. The letters are provided as general information, because they are helpful in understanding how the agency would approach issues, and are not a substitute for legal counsel or other professional advice.

Any mention of the company or individual for which these letters were originally intended has been removed. Please note that any "attachments" or "enclosures" as referenced in opinion letters are not included in the database.

Please use the drop-down boxes for a list of search choices.

	Regulation
AND OR NOT	FLSA Fair Labor Standards Act FMLA Family and Medical Leave Act

	Sector
AND OR NOT	Private Public Unknown

Subject

AND OR NOT

ADA Alternative Workweek Attendance Attendance at lectures meetings and training programs Benefit Accrual Benefit Protection Bonus Child Labor Compensatory Time Deduction Garnishment Employment Relationship Exempt Fitness For Duty FLSA Fair Labor Standards Act Health Insurance Continuation Hours of Service Hours of Work Independent Contractor Intermittent Leave Job Security Joint Employment Multi Employer Meal Rest Medical Certification Medical Leave FMLA Minimum Wage Non exempt On Call Overtime Paid Leave Part Time Regular Rate Return to Work Salary Basis Seniority Shift Differential Travel Time Volunteer Wage Workers Compensation

Occupation

AND OR NOT

Accountants and Auditors Adjusters Investigators and Collectors Administrative Assistant Administrative Support Occupations including Clerical Adult and Vocational Education Teachers Aircraft Pilots and Flight Engineers Animal Trainers Architects except landscape and naval Athletes Coaches Umpires and Related Workers Biological and Medical Scientists Blue Collar Worker Supervisor Boilermakers Bookkeeping Accounting and Auditing Clerks Broadcast and Sound Technicians Busdrivers Butchers and Meat Poultry and Fish Cutters Carpenters Cashier Chefs Cooks and Other Kitchen Workers Child Care Workers Civil Engineers Clinical Social Workers College and University Faculty Computer Repairers Computer Support Specialists Construction Equipment Operators Correctional Officers Court Reporter Customer Service Representatives Dancers and Choreographers Designers Development Officer Dispatcher Drafters Education Administrators Electric Power Generating Plant Operators and Power Distributors and Dispatchers Electricians Emergency Medical Service Emergency Medical Technicians and Paramedics Engineers Fire fighting Flight Attendants Food and Beverage Service General Managers and Top Executives General Utility Graphic Artists Guards Handlers Equipment Cleaners Helpers and Laborers Helpers Laborers and Material Movers Home Health and Personal Care Aides Hotel Motel and Resort Desk Clerks Human Resources Clerks except Payroll and Timekeeping Human Resources Coordinators Human Resources Training and Labor Relations Specialists and Managers Human Service Workers and Assistants Inspectors and Compliance Officers except Construction Instructors and Coaches Sports and Physical Training Insurance Sales Agent Janitors Cleaners and Institutional Cleaning Supervisors Landscaping Groundskeeping Nursery Greenhouse and Lawn Service Laundry and dry cleaning machine operators and tenders except pressing Lawyers and Judicial Workers Licensed Practical Nurse Line Installers and Repairers Loan Officers and Counselors Maintenance Mechanics General Utility Management Analysts Manufacturer s and Wholesale Sales Representatives Marketing and Sales Marketing and Sales Occupations Mechanics Installers and Repairers Medical Assistants Medical Transcriptionist Millwrights Nursing and Psychiatric Aides Office and Administrative Support Supervisors and Managers Office Clerks Painters and Paperhangers Paralegal Physical Therapists Physician Assistants Physicians Plumbers Pipefitters and Steamfitters Police and Detectives Postal Clerks and Mail Carriers Preschool Teachers and Child Care Workers Private Detectives and Investigators Private Household Worker Program Assistant Property Real Estate and Community Association Managers Psychologists Rail Transportation Occupations Recreation Workers Registered Nurse Restaurant and Food Service Manager Retail Sales Workers Supervisors and Managers Retail Salespersons School Teachers Kindergarten Elementary and Secondary Secretaries Securities and Commodities Sales Representatives Senior Environmentalist Service Sales Representatives Social Workers Statisticians Stenographer Stock Clerks Strategic Planner Surgical Technologists Systems Analysts Taxi Drivers and Chauffeurs Teacher Teacher Assistant Telecommunications Specialist Truckdrivers Union Representative Unknown Urban and Regional Planners Ushers Lobby Attendants and Ticket Takers Veterinary Assistants and Nonfarm Animal Caretakers Veterinary Technicians and Technologists Volunteers Water and Wastewater Treatment Plant Operators Water Transportation Occupations Workers Compensation Advocates

Industry

AND OR NOT

Agricultural Services Air Transportation Services Amusement and Recreation Animal Services except Veterinary Armed Forces Chemicals Manufacturing except Drugs Child Care Services Computer and Data Processing Construction Department Clothing and Accessory Stores Drug Manufacturing Eating and Drinking Places Educational Services Electronic Equipment Manufacturing Engineering and Architectural Services Farming Mining and Construction Federal Government excluding the postal service Finance and Insurance Food Processing Government Grocery Stores Health Services Hotels and other lodging places Insurance Management and Public Relations Services Manufacturing Mining and Quarrying Miscellaneous Oil and Gas Extraction Personnel Supply Services Printing and Publishing Public Utilities Real Estate Securities and Commodities Social Services except Child Care State and local government State and local government excluding education and hospitals Steel Manufacturing Transportation Communications and Public Utilities Trucking and Warehousing Unknown Wholesale and Retail Trade Wholesale Trade