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The Wage and Hour Division of the U.S. Department of Labor (“WHD”) issued six opinion letters in January 2021.[1] They address a number of important issues under the Fair Labor and Standards Act (“FLSA”). To ensure wage and hour compliance, we recommend reviewing these letters closely and consulting counsel with any questions as to how they may apply to a specific business situation.
FLSA2021-1
In FLSA2021-1, the WHD addressed whether account managers employed by a life science products manufacturer were properly classified as exempt from the FLSA minimum wage and overtime provisions under the administrative employee exemption. The administrative exemption applies to employees earning no less than $684 per week in salary or fee-basis compensation whose primary core duty is office or non-manual work directly related to the management or general business operations of the employer or the employer’s customer