Field Assistance Bulletins provide Wage and Hour Division (WHD) investigators and staff with guidance on enforcement positions and clarification of policies or changes in 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.
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2023 |
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| 2023-2 | Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation | April 9, 2023 (PDF) |
| 2023-1 |
H-1B program obligations for common-law employers |
January 15, 2023* |
| *On January 15, 2023, 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, 2023, 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 Accordingly, the requirements of the Bulletin and FAB are no longer in effect.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. | ||
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2020 |
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| 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, 2023 |
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 | April 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 |
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Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA) |
March 24, 2020 |
*Effective April 9, 2023, 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 2023-2
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2019 |
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Compliance with the H-1B Notice Requirement by Electronic Posting |
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Dual jobs and related duties under Section 3(m) of the Fair Labor Standards Act (FLSA) |
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WHD Enforcement of WIOA Limitations on Payment of Subminimum Wages under FLSA 14(c) – Section 511’s Definition of “Subminimum Wages” |
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2018 |
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Determining Whether Nurse or Caregiver Registries are Employers of the caregiver |
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Amendment to FLSA Section 3(m) Included in Consolidated Appropriations Act, 2018 |
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Determining Whether Interns at For-Profit Employers Are Employees Under the FLSA |
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Nonenforcement Policy with respect to service advisors and the Section 13(b)(10)(A) exemption under the FLSA |
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2017 |
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Enforcement of FLSA Tip Credit for Tipped Employees Employed under an H-2B Application for Temporary Employment Certification |
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2016 |
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Assessment of Child Labor Civil Money Penalties |
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Enforcement of Field Operations Handbook Provisions 30d and 32j18 (2016) |
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Disability Payments as “Earnings” Under the Consumer Credit Protection Act |
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WHD Enforcement of WIOA Limitations on Payment of Subminimum Wages under FLSA Section 14(c) |
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Exclusion of Sleep Time from Hours Worked by Domestic Service Employees |
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2015 |
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Credit toward Wages under Section 3(m) of the FLSA for Lodging Provided to Employees |
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2013 |
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Egg Processing Activities as Agriculture Under the Fair Labor Standards Act (FLSA) |
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2012 |
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2012-3 |
General Guidance on Voluntary Assignments of Wages under the H-2A Program |
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2012-2 |
Enforcement of 2011 Tip Credit Regulations |
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2012-1 |
H-2A “Abandonment or Termination for Cause” Enforcement of 20 CFR § 655.122(n) |
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2011 |
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2011-3 |
Assisting in the Operation of Power-Driven Patient/Resident HoistslLifts Under the Child Labor Provisions of the Fair Labor Standards Act |
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2011-2 |
H-2A “Prohibited Fees” and Employer’s Obligation to Prohibit Fees |
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2011-1 - Addendum 2 |
Certification of Supplement B Forms of U Nonimmigrant and T Nonimmigrant Visa Applications *Effective February 5, 2023, 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 |
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2011-1 - Addendum |
Certification of Supplement B of U Nonimmigrant Visa Applications |
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2011-1 |
Certification of Supplement B of U Nonimmigrant Visa Applications |
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2010 |
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2010-2 |
Change in Application of the FLSA § 13(b)(1) “Motor Carrier Exemption” |
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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 |
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2009 |
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2009-2 |
Travel and Visa Expenses of H-2B Workers Under the FLSA |
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2007 |
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2007-2 |
Change in Application of the FLSA |
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2007-1 |
Enforcement Provisions Applicable to H-2B Workers |
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2006 |
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2006-3 |
Computer Employees Professional Exemption |
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2006-2 |
IBP vs. Alvarez |
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2006-1 |
Guidance on MSPA Vehicle Safety Standards |
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2005 |
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2005-1 |
Application of Fair Labor Standards Act Section 13(a)(15) to Third Party Employers |
Other Interpretive Guidance