On January 19, 2021, the U.S. Department of Labor released the following new opinion letters addressing Fair Labor Standards Act (FLSA) compliance:
- FLSA2021-6: Addressing whether the FLSA’s “retail or service establishment” exemption applies to staffing firms that recruit, hire, and place employees on assignments with clients.
- FLSA2021-7: Addressing whether certain local small-town and community news source journalists are creative or learned professionals under Section 13(a)(1) of the FLSA.
- FLSA2021-8*: (withdrawn as of 1/26/21)
Addressing whether certain distributors of a manufacturer’s food products are employees or independent contractors under the FLSA.
- FLSA2021-9*: (withdrawn as of 1/26/21)
Addressing whether requiring tractor-trailer truck drivers to implement legally required safety measures creates control by the motor carrier for worker classification (employee or independent contractor) under the FLSA and whether certain owner-operators are correctly classified as independent contractors.
*2021-8 and 2021-9 were withdrawn. They were determined to be issued prematurely because they were based on rules that were not in effect. These withdrawals are an official ruling of the Wage and Hour Division for purposes of the Portal-to-Portal Act, 29 U.S.C. § 259, and these letters may not be relied upon as statements of agency policy as of their withdrawal date
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