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Text of DOL Opinion Letter CCPA2019-1: Whether Employers' Contributions to Employees' HSAs Constitute Earnings for Wage Garnishment Purposes Under the Consumer Credit Protection Act (PDF)

"When a HSA contribution is still in the employer's possession and is about to be paid to the account, it could be subject to the [Consumer Credit Protection Act (CCPA)] limits on garnishment.... Generally, as long as an employer does not determine its HSA contributions on the basis of the amount or value of individual employees' services and does not give employees an option of receiving cash in lieu of an employer's contribution, the employer's contributions to an HSA are not earnings under the CCPA and are not subject to the CCPA's garnishment limitations."

Text of WHD Opinion Letter FMLA2025-02-A: Calculating FMLA Leave Available to Certain Law Enforcement Employees (PDF)

"This letter responds to your request for an opinion concerning how to calculate the number of hours of [FMLA] leave available to correctional law enforcement employees who work a fixed 'Pitman Schedule' requiring 12-hour shifts over a 2-week cycle that includes mandatory overtime.... [An] employer seeking to calculate the hourly equivalent of FMLA leave available to an employee should do so based on the employee's actual, normally scheduled workweek.... [A]dditional voluntary hours that the employee may work should not be counted in his or her FMLA entitlement calculation."

DOL Reminds Employers: Compliance Help Is Available for Pay and Leave Laws

"The Fair Labor Standards Act (FLSA) is the signature law enforced by the [DOL's] Wage and Hour Division. ... Through a voluntary self-audit under the PAID program, employers can clear themselves from potential violations and distinguish themselves in their communities and among their competitors. Similarly, employers can self-audit their compliance with the Family and Medical Leave Act (FMLA), which ensures that employees can take medical leave in the event of a significant family or medical event like the birth of child or a prolonged illness."

Text of Final DOL Regs: Employee or Independent Contractor Classification Under the Fair Labor Standards Act

339 pages. "[A]fter considering the views expressed by commenters, the Department is finalizing its [October 2022 proposal] with some modifications.... [T]his final rule returns to a totality-of-the-circumstances analysis of the economic reality test in which the factors do not have a predetermined weight and are considered in view of the economic reality of the whole activity."

Text of WHD Field Assistance Bulletin 2025-1: FLSA Independent Contractor Misclassification Enforcement Guidance (PDF)

"WHD will no longer apply the 2024 Rule's analysis when determining employee versus independent contractor status in FLSA investigations. WHD will enforce the FLSA in accordance with Fact Sheet #13 (July 2008), and as further informed by Opinion Letter FLSA2019-6[.]"

DOL Seeks Input to Set Prevailing Wages, Fringe Benefits in Houston Area

"[WHD] is distributing an online survey that asks for information on wages paid for relevant construction projects from May 5, 2024, to Aug. 5, 2025. The areas covered include Austin, Brazoria, Brazos, Burleson, Chambers, Colorado, Fayette, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Lee, Leon, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Orange, Polk, Robertson, San Jacinto, Trinity, Tyler, Waller, Washington, and Wharton counties."

Text of DOL FAB 2023-01: Telework Under the Fair Labor Standards Act and Family and Medical Leave Act (PDF)

"Employees who telework are eligible for FMLA leave on the same basis as employees who report to any other worksite to perform their job.... When an employee works from home or otherwise teleworks, their worksite for FMLA eligibility purposes is the office to which they report or from which their assignments are made. Thus, if 50 employees are employed within 75 miles from the employer's worksite ... the employee meets that FMLA eligibility requirement. The count of employees within 75 miles of a worksite includes all employees whose worksite is within that area, including employees who telework and report to or receive assignments from that worksite."

Text of WHD Opinion Letter FMLA2025-01-A: Whether FMLA Regs Pertaining to Substitution of Paid Leave Apply When Employees Take Leave Under State or Local Paid Family Leave Programs (PDF)

"[T]he principles of 29 CFR Section 825.207(d) and (e) apply to leave under a state or local paid family or medical leave program that is also FMLA-qualifying. As such, the employer must designate the leave as FMLA leave, and where state law permits, the employer and employee may agree to use the employee's accrued paid leave from the employer to supplement the state or local payments. However, because leave under such programs is not unpaid, the FMLA's substitution provision does not apply, and thus, neither the employer nor the employee may unilaterally require that employer-provided accrued paid leave run concurrently with the paid state or local family or medical leave."

DOL Fact Sheet 13: Employment Relationship Under the Fair Labor Standards Act (FLSA)

Rev. Jan. 2024. "This fact sheet provides general information on how to determine if a worker is an employee or independent contractor under the FLSA.... What Is the Economic Reality Test? ... Economic Reality Test Factors: [1] Opportunity for profit or loss depending on managerial skill.... [2] Investments by the worker and the employer.... [3] Degree of permanence of the work relationship.... [4] Nature and degree of control.... [5] Extent to which the work performed is an integral part of the employer's business.... [6] Skill and initiative."

DOL Provides Resources to Help Employees Understand FMLA Protections, Benefits

"As part of its ongoing efforts to empower workers to use FMLA-protected leave, the department's Wage and Hour Division has launched a webpage and updated resources to help workers seeking to take time off from work to care for a family member. The site includes ... [1] A guide on how to talk to your employer about taking job protected FMLA leave. [2] Updated fact sheets on using FMLA leave when your family member has a serious health condition, must respond to military service duties, or must care for an adult child with a disability. [3] FAQs on taking FMLA leave and other resources for family caregivers to navigate their responsibilities."