Presidential elections have typically sparked speculation about
possible changes in employment laws and enforcement policies.
But this seems to be especially true now, due in part to the
discussion already occurring about
revisions in the compensation requirements for the federal Fair
Labor Standards Act's "white collar" exemptions.
Of course, a comprehensive list of desirable FLSA-related
changes would be lengthy indeed. But here are at least a few
worth considering:
- Reinstating Opinion Letters
As early as 1938, employers sought, and officials of the U.S.
Department of Labor's Wage and Hour Division routinely
provided, official written explanations of how the FLSA works in
particular situations. These "opinion letters" have
been an important means by which the public develops a clearer
understanding of what FLSA compliance entails. In 2010, the
Division discontinued this practice on the premise that issuing
opinions was not an efficient or productive
