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DLSE Opinion Letters

PLEASE NOTE: On July 6, 2006 an Opinion Letter was issued making clear that employers are not required to secure DLSE approval for electronic delivery of wage statements in California. This Opinion Letter 2006.07.06 supersedes prior Opinion Letters 1999.07.19 and 2002.12.04 that have caused some confusion with respect to these employer programs.

You will notice that the employer's letter requesting the opinion has also been posted with DLSE's opinion. We believe this will make it easier for those utilizing DLSE Opinion Letters to get a more complete understanding of the issues being addressed in DLSE's responses. This procedure will be used for all future Opinion Letters issued by the Labor Commissioner.

You will also notice that we have added the following disclaimer and notice to the Letter. In the future, all Opinion Letters will be based upon these express and implied terms:

"This opinion is based exclusively on the facts and circumstances described in your request and is given based on your representation, express or implied, that you have provided a full and fair description of all the facts and circumstances that would be pertinent to our consideration of the questions presented. Existence of any other factual or historical background not contained in your letter might require a conclusion different from the one expressed herein. You have represented that this opinion is not sought by a party to pending private litigation concerning the issue addressed herein. You have also represented that this opinion is not sought in connection with an investigation or litigation between a client or firm and the Division of Labor Standards Enforcement."

Cautionary Note: All Wage Orders except Orders 14 and 17 contain references to specific Code of Federal Regulations (CFR) sections. These references are in the section of the Wage Orders that discuss their applicability. All the references relate to determining in employees meet the "Executive," ""Administrative," and/or "Professional" exemption.

Because the CFR sections referenced are those in effect when the Wage Orders were amended, and because some of the current CFRs have been amended, click on the link to access the correct 29 CFR language that is referenced in the Wage Orders 1-13 and 15 or click on the following link to access the correct 29 CFR language that is referenced in Wage Order 16.

If you believe that a section of the Enforcement Policies and Interpretations Manual or an opinion letter needs to be reviewed to determine if it should go through the regulatory process pursuant to the Administrative Procedures Act, please submit your comments to dlsecomments@dir.ca.gov. Please include the specific manual section or opinion letter number and explain your specific concerns.

The Division of Labor Standards Enforcement - Comments mailbox account (dlsecomments@dir.ca.gov) has been established solely to take comments on the enforcement manual and opinion letters. All comments will be read and considered, but no responses to questions or specific advice will be provided.

A request for a legal opinion must be submitted by letter to the Chief Counsel of the Labor Commissioner and must contain a statement that there is no California decision or prior DLSE opinion on point and that you have actively researched the subject matter on the DLSE website, including the DLSE Enforcement Policies and Interpretations Manual found on the website. The request must also contain a statement that the opinion is not sought in connection with anticipated or pending private litigation concerning the issue addressed in the request nor is the opinion sought in connection with an investigation or litigation between a client or firm and the Division of Labor Standards Enforcement.

All such requests for a legal opinion which comply with the above requirements should be submitted to:

Chief Counsel
Division of Labor Standards Enforcement
P.O. Box 420603
San Francisco, CA 94142