Todd Lebowitz Goes Right to the DOL for Answer to Client Wage-and-Hour Question

News / January 9, 2020

Partner Todd Lebowitz recently succeeded in securing valuable insight into a key wage-and-hour issue on behalf of a client by going directly to the U.S. Department of Labor (DOL) for an opinion. In 2019, Lebowitz sent a request to the DOL on behalf of a client that wished to pay employee educational consultants on a per-project basis, with the per-project fee divided into biweekly installments. The request asked for an opinion on whether such an arrangement constitutes payments on a fee basis or a salary basis under Section 13(a)(1) of the Fair Labor Standards Act and applicable regulations. On Jan. 7, 2020, the Labor Department issued a response that such an arrangement constitutes payments on a salary basis, clarifying the legal issue at stake and allowing the client to move forward with its plans, confident that it was in compliance with the law.

Read the response.