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ARTICLE · 11 SEPTEMBER 2018

DOL Issues Employer-Friendly Opinion Letters

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Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters

United StatesEmployment and HR
David S. Kim
David S. Kim
Jeffrey A. Shooman
Jeffrey A. Shooman
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Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly. Below is a summary of each.

  • Time Spent on Employer-Offered Wellness Activities and Benefits Affairs is Noncompensable. (FLSA2018-20)

An employer sought guidance on whether the FLSA requires compensation for the time an employee spends voluntarily participating in certain wellness activities, biometric screenings, and benefits affairs. The biometric screenings, completely voluntary, test an employee's cholesterol levels, blood pressure, and nicotine uses. The employee's participation in the screenings could decrease his or her health insurance deductibles. The screenings are in no way related to the employee's job.

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