August 11, 2008
US Department of Labor Issues Opinion Letter on Law Enforcement Partial Exemption
Filed under: News
Vision Payroll

The US Department of Labor recently issued non-Administrator signed Opinion Letter FLSA2008-9NA. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA). Unlike signed Opinion Letters, unsigned Opinion Letters do not “provide a potential good faith reliance defense for violations of the FLSA.” This Opinion Letter discusses whether “jailers” who lack the power to make arrests qualify as “law enforcement personnel” partially exempt from overtime requirements. Although jailers may lack the power to make arrests, they qualify as “security personnel in correctional institutions” and thus qualify for the partial overtime exemption. State laws may provide rules that are more beneficial to the employee and must be followed. Contact Vision Payroll if you have questions about this Opinion Letter.


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