WHD Publishes Opinion Letters by the Administrator for FMLA and FLSA

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 On November 8, 2024, the Wage and Hour Division (WHD) published two opinion letters.  An opinion letter is a formal document that provides opinion on a particular legal question or set of facts.

These two letters address questions identified regarding the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).

  • FMLA2024-01-A – In this letter, WHD addresses the permissible use of FMLA leave for the treatment of a serious health condition when treatment is provided as part of a clinical trial.

  • FLSA2024-01 – In this opinion letter, WHD explains whether daily expense payments for tools and equipment may be excluded from regular rate calculations for overtime pay.

    • For more information on the Fair Labor Standards Act and the Family Medical Leave Act, please visit the Wage and Hour Division website.

    Source(s): WDH e-mail, received on November 8, 2024; FMLA2024-01, accessed on November 12, 2024; FLSA2024-01, accessed on November 12, 2024