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New DOL Opinion Letters Address State Law Residential Janitor Exemption and Participation in an Employer’s Optional Volunteer Program
Categories: DOL Enforcement, Exemptions (General), New York Wage-Hour Law
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On March 14, 2019, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released two opinion letters concerning the Fair Labor Standards Act (“FLSA”). One letter addresses the interplay between New York State’s overtime exemption for residential janitors (colloquially referred to as apartment “supers”) and the FLSA, which does not exempt such employees, and the other addresses whether time spent participating in an employer’s optional volunteer program constitutes “hours worked” requiring compensation under the FLSA.

While these opinion ...

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