Compliance Stuff

At a Glance Pre-shift work may be compensable where it is integral to an employee’s principal duties, while “waiting time” remains a non-compensable preliminary activity. Employers relying on the de minimis doctrine will be subject to “exacting scrutiny” where off-the-clock work occurs regularly, particularly given modern timekeeping systems. Rounding practices are permissible only if neutral on their face and in practice but may create liability where they systematically exclude compensable pre-shift work. On May 28, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division issued Opinion Letter FLSA2026-8 , providing compliance guidance related to a hospital’s timekeeping and pay practices, including regarding the compensability of certain pre-shift activities, waiting time, application of the de minimis doctrine, and whether its rounding policy complies with the Fair Labor Standards Act (FLSA).  The opinion letter involves an inquiry submitted by a non-exempt employee of...

On May 28, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026-7 , confirming that an employee’s choice to leave the worksite during an otherwise bona fide meal period does not convert the meal period into compensable work time under the Fair Labor Standards Act (FLSA), even if it reduces the employee’s available time to eat. The opinion letter involved an employee who worked at a large facility with controlled access points and parking located a significant distance from work areas. The employer provided a 30-minute unpaid meal period and allowed employees to either remain on site or leave the premises. Employees who chose to leave the facility reportedly spent so much time walking to parking areas and going through security that they only had about 10 to 15 minutes to eat a meal. The employee, who believed the meal break under these circumstances created a “coercive dynamic” discouraging employees from taking meal breaks off site, questioned whether these constrai...

On May 28, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026‑5 , confirming that an exempt employee paid on a salary basis may be paid on an hourly basis for performing work in a secondary, nonexempt role as long as their primary duty remains exempt and they continue to be paid on a salary basis. The opinion letter arose from a request involving a Nursing Professional Development Specialist employed by a medical center. The medical center treats specialists as exempt under the FLSA but permits them to pick up shifts as staff nurses, a separate position classified as nonexempt. Specialists typically work 40 hours per week in their specialist role and then voluntarily pick up one or two additional 12-hour shifts as staff nurses. When specialists pick up shifts as staff nurses, they receive hourly pay, in addition to their fixed salary as specialists. Relevant Legal Authority Under the Fair Labor Standards Act (FLSA), employees must be paid at least the federal minim...

Your employee, Thelma, has requested FMLA leave to take her mom, Louise, to regular doctor appointments. Though the appointment itself will take one hour, Thelma wants to schedule it in the middle of the workday and for a total of five hours. The travel, she says, takes “quite a bit of time . . . and it’s none of your business.” Beginning 2026 a little salty, we see? Naturally, you’re frustrated, since you sense that Thelma purposefully encouraged that appointment for midday, and in any event, there’s no way this doc is two hours each way! The medical appointment itself clearly is covered by FMLA. But is  travel time  associated with the medical appointment covered as well? In an  opinion letter issued this week , the Department of Labor answered the question: . . . when an eligible employee travels to or from a health care provider for a medical appointment regarding the employee’s [or family member’s] serious health condition, he or she may take FMLA leave not only for ...