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...

  The U.S. Department of Labor’s Wage and Hour Division announced today that it has issued four new opinion letters to help promote clarity, consistency, and transparency in the application of federal labor standards: FLSA2026-5 : Whether an e mployee exempt pursuant to section 13(a)(1) of the Fair Labor Standards Act (FLSA) can perform additional work in a secondary role at an hourly rate , and if so, what overtime implications may arise. FLSA2026-6 : Whether a bonus calculated by comparing an employee’s total straight-time and overtime earnings to the total straight-time and overtime earnings of all employees eligible for the bonus is a “percentage of total earnings” bonus under 29 C.F.R. 778.21 0 that provides for the simultaneous payment of any overtime compensation due on the bonus, thus satisfying the FLSA’s overtime pay requirement. FLSA2026-7 : Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entr...