Maybe. It all depends on the project supervisor’s duties. As a matter of background, the U.S. Department of Labor (“DOL”) issued an opinion letter in 2009 on this very topic under the Fair Labor Standards Act (“FLSA”), but withdrew it shortly thereafter stating the DOL decided to give the issue further consideration. The withdrawal of the opinion letter created uncertainty for the residential construction industry. In January of this year, the DOL began issuing opinion letters again and it reissued FLSA 2009-36 and designated it as FLSA 2018-17.
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