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SHRM featured comments by Brian Turoff and Allison Gotfried on April 19, 2018, about the DOL's April 12 opinion letter permitting employers not to pay nonexempt workers on Family and Medical Leave Act breaks. The authors noted that the opinion letter highlights the overlapping applications of the Fair Labor Standards Act (FLSA) and the FMLA.

The DOL also issued a second opinion letter on April 12, on how to determine when travel time is compensable for nonexempt workers who don't have regular hours. In addition, the department released a fact sheet on the application of white-collar exemptions under the FLSA to jobs in higher education, noting the applicability of the teaching exemption to faculty who teach online courses.

According to the article, the Higher Education Fact Sheet, cautions that job titles alone are not enough to determine whether someone fits within a white-collar exemption and states that a faculty member who teaches online or remotely may qualify for the exemption for teachers. This includes part-time faculty. Athletic coaches at colleges and universities also may qualify for the exemption, but not if their primary duty is recruiting.

The fact sheet also addresses typical examples of students who may have unclear employment relationships with an institution of higher education, Turoff and Gotfried noted. Only those considered to be employees are eligible for FLSA overtime exemptions.