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DOL issues opinion regarding use of FMLA leave an Paid leave and application of FLSA to volunteer hours

CT
Chuck Thompson
Fri, Mar 15, 2019 2:47 PM

DOL issued three opinions yesterday, two of which seem likely to affect local government workplaces.  https://www.dol.gov/newsroom/releases/whd/whd20190314  At the risk of screwing things up with a faulty analysis, let me just say that in one, the DOL seems to conclude that a person only gets FMLA leave as required in the statute and cannot claim the FMLA leave extends beyond the statute's limits to other leave that might be paid and qualifying before or after the FMLA leave.  The other opinion addresses whether an employer can use an employee's volunteer hours as a basis for a bonus without compensating the employee under the FLSA and it seems the answer is yes.  I could be wrong as I'm rushing to alert all rather than to do a thorough analysis.  Don't forget our Seminar in DC starts soon and we have a really incredible program including an opportunity to participate in a "shoot don't shoot" program.  Chuck

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Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

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DOL issued three opinions yesterday, two of which seem likely to affect local government workplaces. https://www.dol.gov/newsroom/releases/whd/whd20190314 At the risk of screwing things up with a faulty analysis, let me just say that in one, the DOL seems to conclude that a person only gets FMLA leave as required in the statute and cannot claim the FMLA leave extends beyond the statute's limits to other leave that might be paid and qualifying before or after the FMLA leave. The other opinion addresses whether an employer can use an employee's volunteer hours as a basis for a bonus without compensating the employee under the FLSA and it seems the answer is yes. I could be wrong as I'm rushing to alert all rather than to do a thorough analysis. Don't forget our Seminar in DC starts soon and we have a really incredible program including an opportunity to participate in a "shoot don't shoot" program. Chuck [cid:image001.png@01D4C6C7.7ECFB4C0] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image002.jpg@01D4C6C7.7ECFB4C0]<http://www.facebook.com/IMLA-259977855541/> [cid:image003.jpg@01D4C6C7.7ECFB4C0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image004.png@01D4C6C7.7ECFB4C0] <http://twitter.com/imlalegal> [cid:image005.jpg@01D4C6C7.7ECFB4C0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M 240-876-6790 D (202) 742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's Mid-Year Seminar<http://www.imla.org/events/seminars>, March 29- April 1 in Washington, D.C.! IMLA's 84th Annual Conference<http://www.imla.org/events/conferences>, September 18-22 in Atlanta, GA!