In the final days of the Biden Administration, DOL’s Wage and Hour Division issued two opinion letters. WHD opinion letters are not binding on the courts, but employers may rely on them.
DOL Opinion Letter FMLA 2025-01-A — FMLA interplay with state and local paid leave programs
DOL Opinion Letter FMLA 2025-01-A states that an employer cannot require an employee who is taking FMLA leave to use employer-provided paid leave if the employee is also receiving compensation through a state or local paid leave program.
DOL Opinion Letter FLSA 2025-1 — Managers and supervisors collecting tips under FLSA
The FLSA prohibits managers and supervisors from sharing in tips earned by other employees. DOL regulations define a manager or supervisor who may not share tips as an employee who meets the executive employee duties test at 29 CFR §§ 541.100(a)(2)–(4). DOL Opinion Letter FLSA 2025-1 states that this rule applies even during a shift where the manager performs non-managerial duties.