Opinion Letters

Guidance on specific FLSA issues

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Nominal fees for volunteer coaches and advisors - whether certain stipends a school district provides to non-teaching, nonexempt school employees who volunteer as coaches or advisors for the school's sports teams and clubs constitute "nominal fees".

Further information:
Nonexempt employees who volunteer as coaches/advisors and nominal fees

Unmarried staff and the houseparent exemption - whether the executive and professional exemptions from overtime pay apply to childcare staff members who work as house parents and reside in Children's Homes.

Further information
Unmarried staff and the section 13(b)(24) houseparent exemption

Employees of health and athletic clubs - whether the exemption for commissioned employees of retail or service establishments applies to instructional employees, such as personal trainers, aerobic instructors, tennis professionals and membership sales employees.

Further information
Employees of health and athletic clubs

...back to 1 December 2005


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Enforcing labor rights

Health club to pay nearly $50,000 in back wages and penalties

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View the previous news item for Labor

Waltham, MA - A health and exercise club and its owner are to pay nearly $50,000 in back wages and civil money penalties to settle a U.S. Labor Department lawsuit alleging violations of the Fair Labor Standards Act (FLSA). The penalties were assessed because the club had previously violated FLSA overtime regulations.

The investigation found that 31 employees of the health and exercise club, including maintenance personnel, cafeteria workers, tennis instructors and customer service personnel, were not paid proper overtime. Some workers were not paid the required time-and-a half for working more than 40 hours in a work week, while others were misclassified as exempt from overtime coverage.

Further information:
Weston Racquet Club to Pay Nearly $50,000 in Back Wages and Penalties to Settle U.S. Labor Department Lawsuit

Restaurant sued to recover $588,000 in back minimum wage and overtime pay

Kansas City, MO - The U.S. Department of Labor has filed suit against a restaurant operator to collect $588,215.65 in back wages due 52 employees. The department's complaint alleged the company violated the minimum wage and overtime provisions of the FLSA.

An investigation of the restaurant by the department's Wage and Hour Division found that servers working an average of 80 hours per week were not paid the minimum wage for all hours worked, received only a portion of their tips and received no additional pay for hours worked exceeding 40 per week. Investigators also reported that workers were forced to sign their pay checks and return them to the employer.

Further information:
Labor Department Sues Dos Reales Restaurant to Recover $588,000 in Back Minimum Wage and Overtime Pay

...back to 1 December 2005


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