On August 31, 2020, the U.S. Department of Labor (DOL) published four new opinion letters. Opinion letters provide the DOL’s official position on how labor and employment standards, in this case the Fair Labor Standards Act (FLSA), apply in specific situations.
- Retail Exemption for Truck Drivers – FLSA2020-11 patterns the analysis employers must use to determine whether truck drivers working for a retail establishment qualify for the “retail or service establishment exemption.” While the facts are specific to the gas and oil industry, the underlying principles have greater applicability.
- Use of Personal Vehicle for Business – FLSA2020-12 addresses whether to reimburse non-exempt hourly employees who use their vehicle to further their employer’s business for expenses related to their vehicle, including: gas, oil, routine maintenance and repairs, fixed vehicle expenses, registration fees, license fees and insurance costs not required by the employer.