U.S. Wage and Hour Division Issues Two New Opinion Letters

On November 30, the Wage and Hour Division of the U.S. Department of Labor issued two new Opinion Letters dealing with two rather uncommon Fair Labor Standard Act situations.

FLSA2020-17: Calculation of piece-rate regular rate of pay. Addresses the proper method to be used to calculate the regular rate of pay of an employee paid on a piece-rate basis in the absence of a specific agreement with the employee to use such method. (As an aside, always commit the use of this method to writing.)

FLSA2020-18: Does insect farming equal agriculture. Addresses whether insect farming qualifies as “agriculture” under the FLSA and whether certain workers employed by an insect farming operation may be exempt from overtime pay requirements under Section 13(b)(12). 

You can read the full Opinion Letters here https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/2020_11_30_17_FLSA.pdf  and here https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/2020_11_30_18_FLSA.pdf if either situation applies to you.