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WHD Administrator Interpretations

Administrator's Interpretation No. 2014-1

The application of the Fair Labor Standards Act to home care services provided through shared living arrangements, including adult foster care and paid roommate situations.

On January 10, 2024, the U.S. Department of Labor published a final rule Employee or Independent Contractor Classification Under the Fair Labor Standards Act, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule, 86 FR 1168), that was published on January 7, 2021. 

FLSAAI2014_1
  • Fair Labor Standards Act ( FLSA)
  • Fair Labor Standards Act (FLSA)
WHD Administrator Interpretations

Administrator's Interpretation No. 2013-1

Clarification of the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act as it applies to an individual 18 years of age or older and incapable of self-care because of a mental or physical disability.

FMLAAI2013_1
  • Family and Medical Leave Act (FMLA)
  • Family and Medical Leave Act (FMLA)
WHD Administrator Interpretations

Administrator's Interpretation No. 2010-3

Clarification of the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing “in loco parentis” to a child.

WHDFMLAAI2010_3
  • Family and Medical Leave Act (FMLA)
  • Family and Medical Leave Act (FMLA)
WHD Administrator Interpretations

Administrator's Interpretation No. 2010-2

Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. § 203(o), and the definition of “clothes.”

FLSAAI2010_2
  • Fair Labor Standards Act ( FLSA)
  • Fair Labor Standards Act (FLSA)
WHD Administrator Interpretations

Administrator's Interpretation No. 2010-1

Application of the Administrative Exemption under Section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. § 213(a)(1), to Employees who Perform the Typical Job Duties of a Mortgage Loan Officer.

FLSAAI2010_1
  • Fair Labor Standards Act ( FLSA)
  • Fair Labor Standards Act (FLSA)
WHD Administrator

FLSA2009-33 *

Calculation of salary deductions and section 13(a)(1) salary basis Please see Opinion Letter FLSA2018-14.
FLSA2009-33 *
  • Fair Labor Standards Act ( FLSA)
WHD Administrator

FLSA2009-35 *

Volunteer fire company contracting for paid EMTs – joint employment and volunteer status Please see Opinion Letter FLSA2018-16.
FLSA2009-35 *
  • Fair Labor Standards Act ( FLSA)
WHD Administrator

FLSA2009-34 *

Product demonstration coordinators and section 13(a)(1) Please see Opinion Letter FLSA2018-15.
FLSA2009-34 *
  • Fair Labor Standards Act ( FLSA)
WHD Administrator

FLSA2009-16

Compressed two-week work schedule and section 7
FLSA2009-16
  • Fair Labor Standards Act ( FLSA)
WHD Administrator

FLSA2009-32 *

Fraud/theft analysts and agents under section 13(a)(1) Please see Opinion Letter FLSA2018-13.
FLSA2009-32 *
  • Fair Labor Standards Act ( FLSA)