Field Assistance Bulletins provide Wage and Hour Division (WHD) investigators and staff with guidance on enforcement positions and clarification of policies or changes in the policy of WHD. These bulletins are developed under the general authority to administer the various laws enforced by WHD. They typically provide positions reflecting changes or clarifications in the administration of these laws and related regulations based upon court decisions, legislative changes and opinions of the WHD Administrator.

The Department of Labor (DOL) is providing this information as a public service. The requirements of the laws enforced by WHD are set by statutes and regulations. The Federal Register and the Code of Federal Regulations remain the official resources for regulatory information published by the DOL.

2022 Field Assistance Bulletins


Number

2022
Letter Subject


Date/Format

2022-3 Employment of H-2B workers in a Job Classification not Listed on the TEC Application (Form ETA-9142B) in the H-2B Visa Program April 13, 2022 (TEXT, PDF)
2022-2 Protecting Workers from Retaliation March 10, 2022
(PDF)
2022-1 Application of Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors”

January 13, 2022
(PDF)

 
2021 Field Assistance Bulletins


Number

2021
Letter Subject


Date/Format

2021-3 Overtime Obligations Pursuant to the H-2B Visa Program

December 7, 2021
(PDF)

2021-2 Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation April 9, 2021
(PDF)
2021-1

H-1B program obligations for common-law employers

January 15, 2021*
*On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.  The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation.  On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy.  Accordingly, the requirements of the Bulletin and FAB are no longer in effect.  The Department will notify the public of any further actions as appropriate once it completes its review.
 
2020 Field Assistance Bulletins


Number

2020
Letter Subject


Date/Format

2020-8 Telemedicine and Serious Health Conditions under the Family and Medical Leave Act (FMLA) December 29, 2020
(PDF)
2020-7

Electronic posting for purposes of the FLSA, FMLA, Section 14(c) of the FLSA, EPPA, and SCA

*Edited January 13, 2021

December 29, 2020
(PDF)
2020-6 Temporary enforcement position regarding exempt 13(a)(3) establishments running alternative programming in 2020 because of the COVID-19 pandemic September 15, 2020
(PDF)
2020-5 Employers' obligation to exercise reasonable diligence in tracking teleworking employees' hours of work August 24, 2020
(PDF)
2020-4 FFCRA leave based on the closure of summer camps, summer enrichment programs, or other summer programs June 26, 2020
(PDF)
2020-3 When schools that are physically closed are considered in session for purposes of Child Labor June 26, 2020
(PDF)
2020-2 Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation* June 24, 2020

2020-1

Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA)

March 24, 2020
(TEXT)

*Effective April 9, 2021, WHD has rescinded FAB 2020-2 and has provided updated guidance to Wage and Hour Division (WHD) field staff regarding the practice of seeking liquidated damages in settlements in lieu of litigation (liquidated damages). See FAB 2021-2

 

2019 Field Assistance Bulletins


Number

2019
Letter Subject


Date/Format

2019-3

Compliance with the H-1B Notice Requirement by Electronic Posting

March 15, 2019
(PDF, TEXT)

2019-2

Dual jobs and related duties under Section 3(m) of the Fair Labor Standards Act (FLSA)*

February 15, 2019

2019-1

WHD Enforcement of WIOA Limitations on Payment of Subminimum Wages under FLSA 14(c) – Section 511’s Definition of “Subminimum Wages”

February 15, 2019
(PDF, TEXT)

*WHD is withdrawing FAB 2019-2 because it has been superseded by and is inconsistent with the Department’s recent Dual Jobs final rule. (See 86 FR 23446). WHD issued FAB 2019-2 to provide guidance on the extent to which an employer can continue to take a tip credit for an employee who performs tipped and non-tipped duties (i.e., dual jobs). In particular, the FAB explained that WHD would follow its November 8, 2018, Opinion Letter on this issue, WHD FLSA2018-27. In December 2020, WHD issued a final rule that would have largely codified the guidance in FAB2019-2 and WHD Opinion Letter FLSA2018-27 into its regulations. However, before the 2020 Tip final rule went into effect, the Department delayed the effective date of the dual jobs portion of the 2020 Tip final rule (See 86 FR 22597). On October 28, 2021, the Department published its Dual Jobs final rule, which withdraws and modifies the dual jobs portion of the 2020 Tip final rule. The Dual Jobs final rule sets reasonable limits on the amount of time tipped employees can spend in non-tipped activities when the employer claims a tip credit. The rule clarifies that an employer may only take a tip credit for the hours when an employee is doing work that is tip-producing or engaged in tasks that directly support tip-producing work, provided the directly supported work is not performed for a substantial amount of time. Accordingly, the requirements of FAB 2019-2 are no longer in effect. The Department is also withdrawing Opinion Letter FLSA2018-27.

 

2018 Field Assistance Bulletins


Number

2018
Letter Subject


Date/Format

2018-4

Determining Whether Nurse or Caregiver Registries are Employers of the caregiver

July 13, 2018
(PDF, TEXT)

2018-3

Amendment to FLSA Section 3(m) Included in Consolidated Appropriations Act, 2018*

April 6, 2018

2018-2

Determining Whether Interns at For-Profit Employers Are Employees Under the FLSA

January 5, 2018
(PDF, TEXT)

2018-1

Nonenforcement Policy with respect to service advisors and the Section 13(b)(10)(A) exemption under the FLSA

January 5, 2018
(PDF, TEXT)

*WHD is withdrawing FAB 2018-3 because it has been superseded by regulations issued by the Department in 2020 and 2021. WHD issued FAB 2018-3 on April 6, 2018 to provide interim guidance on the March 2018 Consolidated Appropriations Act (CAA) amendments to the FLSA. Among other changes, the CAA amendments added section 3(m)(B) to the FLSA, which prohibits employers, managers, and supervisors from keeping employees’ tips, regardless of whether they take a tip credit, and authorized WHD to assess Civil Money Penalties (CMPs) when employers unlawfully keep tips. Although the CAA did not limit assessment of CMPs for keeping tips to only repeated or willful violations, the FAB stated that WHD would “follow its normal procedures” in assessing CMPs for unlawfully keeping tips, including by determining whether the violation is repeated or willful.” The FAB also stated that managers and supervisors would be prohibited from “participating in tip pools.” FAB 2018-3 noted that WHD intended to issue regulations regarding the CAA amendments in the near future. In December 2020, WHD promulgated a final rule (2020 Tip final rule) addressing the CAA amendments (see 85 FR 86756). The 2020 Tip final rule made numerous revisions to the Department’s regulations, including new tip pooling regulations for employers that do not take a tip credit, a definition of “manager or supervisors” prohibited from keeping tips, and provisions related to the assessment of CMPs for unlawfully keeping tips. Subsequently, the Department announced the publication of the CMP final rule on September 23, 2021. (see 86 FR 52973). This rule withdrew and modified the portion of the 2020 Tip final rule related to the assessment of CMPs for unlawfully keeping tips. See 86 FR 52973. The CMP final rule adopts language upholding the Department’s statutorily-granted discretion with regard to section 3(m)(2)(B) CMPs and aligns the Department’s regulations with the FLSA’s statutory text. The CMP final rule also modifies regulatory provisions adopted in the 2020 Tip final rule addressing managers and supervisors, clarifying that while managers or supervisors may not receive tips from mandatory tip pools, managers and supervisors are not prohibited from contributing tips to eligible employees in such pools. The CMP final rule went into effect on November 23, 2021. All the other provisions of the 2020 Tip final rule addressing the CAA amendments, including the provision defining a “manager or supervisor” prohibited from keeping tips and the tip pooling provisions, went into effect on April 30, 2021. Accordingly, the requirements of FAB 2018-3 are no longer in effect.

 

2017 Field Assistance Bulletins


Number

2017
Letter Subject


Date/Format

2017-1

Enforcement of FLSA Tip Credit for Tipped Employees Employed under an H-2B Application for Temporary Employment Certification

January 17, 2017
(PDF, TEXT)

 
2016 Field Assistance Bulletins


Number

2016
Letter Subject


Date/Format

2016-5

Assessment of Child Labor Civil Money Penalties

December 19, 2016
(PDF, TEXT)

2016-4

Enforcement of Field Operations Handbook Provisions 30d and 32j18 (2016)

December 15, 2016
(PDF, TEXT)

2016-3

Disability Payments as “Earnings” Under the Consumer Credit Protection Act

November 30, 2016
(PDF, TEXT)

2016-2

WHD Enforcement of WIOA Limitations on Payment of Subminimum Wages under FLSA Section 14(c)

July 27, 2016
(PDF, TEXT)

2016-1

Exclusion of Sleep Time from Hours Worked by Domestic Service Employees

April 25, 2016
(PDF, TEXT)

 

2015 Field Assistance Bulletins


Number

2015
Letter Subject


Date/Format

2015-1

Credit toward Wages under Section 3(m) of the FLSA for Lodging Provided to Employees

December 17, 2015
(PDF, TEXT)

 

2013 Field Assistance Bulletins


Number

2013
Letter Subject


Date/Format

2013-1

Egg Processing Activities as Agriculture Under the Fair Labor Standards Act (FLSA)

April 29, 2013
(PDF, TEXT)

 

2012 Field Assistance Bulletins


Number

2012
Letter Subject


Date/Format

2012-3

General Guidance on Voluntary Assignments of Wages under the H-2A Program

May 17, 2012
(PDF, TEXT)

2012-2

Enforcement of 2011 Tip Credit Regulations

February 29, 2012
(PDF, TEXT)

2012-1

H-2A “Abandonment or Termination for Cause” Enforcement of 20 CFR § 655.122(n)

February 28, 2012
(PDF, TEXT)

 

2011 Field Assistance Bulletins


Number

2011
Letter Subject


Date/Format

2011-3

Assisting in the Operation of Power-Driven Patient/Resident HoistslLifts Under the Child Labor Provisions of the Fair Labor Standards Act

July 13, 2011
(PDF, TEXT)

2011-2

H-2A “Prohibited Fees” and Employer’s Obligation to Prohibit Fees

May 6, 2011
(PDF, TEXT)

2011-1 - Addendum 2

Certification of Supplement B Forms of U Nonimmigrant and T Nonimmigrant Visa Applications

*Effective February 5, 2021, WHD is withdrawing Addendum 2 to FAB 2011-1, issued July 1, 2019, for the purpose of reviewing issues of law, fact, and policy underlying the addendum.  Accordingly, the requirements of Addendum 2 are no longer in effect.  WHD will notify the public of any further actions as appropriate once it completes its review.  FAB 2011-1, issued April 28, 2011, and FAB 2011-1 Addendum, issued April 2, 2015, remain in effect.  

July 1, 2019
 

2011-1 - Addendum

Certification of Supplement B of U Nonimmigrant Visa Applications

April 2, 2015
(PDF, TEXT)

2011-1

Certification of Supplement B of U Nonimmigrant Visa Applications

April 28, 2011
(PDF, TEXT)

 

2010 Field Assistance Bulletins


Number

2010
Letter Subject


Date/Format

2010-2

Change in Application of the FLSA § 13(b)(1) “Motor Carrier Exemption”

November 4, 2010
(PDF, TEXT)

2010-1

Assessment of Child Labor Civil Money Penalties

The Wage and Hour Division is reviewing Field Assistance Bulletin 2010-1, Assessment of Child Labor Civil Money Penalties, and has removed it from its Web site. It is the intention of the Wage and Hour Division to issue revised guidance on this subject in the near future.

January 20, 2010

 

2009 Field Assistance Bulletins


Number

2009
Letter Subject


Date/Format

2009-2

Travel and Visa Expenses of H-2B Workers Under the FLSA

August 21, 2009
(PDF, TEXT)

2009-1 Application of the Employee Polygraph Protection Act (EEPA) to Security Personnel Working for Air Cargo Companies

January 13, 2009
(PDF)

 

2007 Field Assistance Bulletins


Number

2007
Letter Subject


Date/Format

2007-2

Change in Application of the FLSA
§ 13(b)(1) "Motor Carrier Exemption"

May 23, 2007
(PDF, TEXT)

2007-1

Enforcement Provisions Applicable to H-2B Workers

May 2, 2007
(PDF, TEXT)

 

2006 Field Assistance Bulletins


Number

2006
Letter Subject


Date/Format

2006-3

Computer Employees Professional Exemption

December 14, 2006
(PDF, TEXT)

2006-2

IBP vs. Alvarez

May 31, 2006
(PDF, TEXT)

2006-1

Guidance on MSPA Vehicle Safety Standards

March 1, 2006
(PDF, TEXT)

 

2005 Field Assistance Bulletins


Number

2005
Letter Subject


Date/Format

2005-1

Application of Fair Labor Standards Act Section 13(a)(15) to Third-Party Employers

December 1, 2005
(PDF, TEXT)

Other Interpretive Guidance