DOL Provides Guidance Related to Pre-Shift Work, Limits on the De Minimis Doctrine, and Timekeeping Rounding Practices
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...