President Trump Nominates Labor and Employment Attorney for EEOC General Counsel: What’s Next for the Agency
On September 30, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a new opinion letter clarifying how employers should calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (“FMLA”). The opinion also addresses how FMLA applies to employees whose schedules include both mandatory and voluntary overtime. While the guidance largely reaffirms existing principles, it provides clarification for employers that manage nontraditional or fluctuating work schedules. Background on the FMLA The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons – such as the employee’s serious health condition, the birth or adoption of a child, or the need to care for a family member with a serious health condition . During FMLA leave, group health insurance coverage must continue under the same terms and conditions as i...