Department of Labor Issues Six New FLSA and FMLA Opinion Letters

The U.S. Division of Labor’s (DOL) Wage and Hour Division welcomed the brand new yr by issuing six new opinion letters on January 5, 2026 — 4 concerning the Truthful Labor Requirements Act (FLSA) and two concerning the Household and Medical Go away Act (FMLA). As background, opinion letters clarify how the DOL applies federal employment legal guidelines to numerous office situations and function a precious compliance useful resource for employers. Under is a short abstract of every opinion letter.

Voluntary Reclassification from Exempt to Non-Exempt – FLSA2026-1

The DOL addressed whether or not a licensed scientific social employee could also be reclassified from exempt to non-exempt standing underneath the FLSA though the position continued to fulfill the duties and schooling necessities of the realized skilled exemption. The worker was initially categorized as a salaried-exempt worker. The employer later underwent an inner restructuring, advising the worker she can be reclassified as non-exempt, paid hourly, and her supervisory duties can be eliminated. The worker asserted that the position continued to fulfill the necessities of the realized skilled exemption and requested clarification on the reclassification from the DOL. The DOL concluded that elimination of supervisory duties doesn’t defeat the exemption if the worker’s major duties nonetheless require superior information typically obtained by way of an expert diploma. Nevertheless, exempt standing additionally requires compliance with the FLSA’s compensation necessities, and a change from wage to hourly pay would remove the exemption.

Importantly, the FLSA doesn’t require employers to categorise staff as exempt even when exemption standards are met. Employers might select to categorise exempt staff as non-exempt, but when they accomplish that, they have to adjust to minimal wage and time beyond regulation necessities. The FLSA solely prohibits misclassifying non-exempt staff as exempt.

Sure Bonuses Should Be Included within the Common Price of Pay – FLSA2026-2

This opinion addressed whether or not incentive bonuses for security, attendance, compliance, and efficiency could also be excluded from the common fee of pay for time beyond regulation functions. The DOL reiterated that solely discretionary bonuses could also be excluded. A bonus is discretionary provided that (1) the employer solely determines whether or not and the way a lot to pay, (2) that willpower is made at or close to the top of the work interval, and (3) the fee just isn’t made pursuant to any prior contract, settlement, or promise creating an expectation of normal fee. The DOL emphasised that the bonuses at concern are non-discretionary as a result of they’re calculated underneath a predetermined incentive plan that units eligibility and quantity upfront, thereby eradicating the employer’s discretion to pay the bonuses when staff meet the standards. Accordingly, such bonuses should be included within the common fee of pay.

Roll Name Time as Hours Labored – FLSA2026-3

The DOL examined whether or not a 15-minute pre-shift “roll name” required by a collective bargaining settlement (CBA) should be counted as hours labored. The DOL concluded that the time is compensable as a result of, even when it may in any other case be excluded as a non-compensable preliminary exercise, non-compensable time could also be made compensable by contract — and the proposed CBA did so. Typically, this time should be included within the time beyond regulation calculation; nevertheless, the DOL famous that the FLSA offers two partial time beyond regulation exemptions for sure CBAs, underneath which the CBA at concern might be structured.

Commissioned Worker Time beyond regulation Exemption – FLSA2026-4

The DOL clarified the time beyond regulation exemption for commissioned staff of retail or service institutions. To qualify, (1) the worker’s common fee of pay should be larger than one and one-half instances the federal minimal wage; and (2) commissions make up greater than 50% of the worker’s compensation for a consultant interval. The DOL emphasised that the federal minimal wage applies, even the place the state minimal wage the place the worker lives is larger. Accordingly, to fulfill the primary standards, an worker’s common fee should exceed $10.875 ($7.25 (federal minimal wage) x 1.5). Second, the DOL additional defined that service fees qualify as commissions, whereas ideas don’t and are additionally typically not thought of compensation. Nevertheless, when an employer applies a tip credit score towards its minimal wage obligations, these ideas are handled as compensation.

FMLA Go away Calculation for College Closure – FMLA2026-1

This opinion addressed how partial-week college closures have an effect on FMLA go away utilization. Making use of FMLA ideas that govern vacation closures, the DOL concluded that when an worker makes use of lower than a full week of FMLA go away, the varsity closure doesn’t rely in opposition to FMLA go away until the worker was scheduled to work through the closure. For instance, if the employer closes all day on a Tuesday because of inclement climate and the worker was planning to take FMLA go away that Tuesday afternoon for medical therapy, as long as the worker was not scheduled to work through the closure, the deliberate FMLA go away shouldn’t be deducted as a result of the employer was closed that day. If the worker makes use of a full week of FMLA go away, your complete week counts, even when a closure happens.

Journey Time for Medical Appointments – FMLA2026-2

The final opinion addressed whether or not FMLA go away could also be used for time spent touring to and from medical appointments. The DOL concluded that FMLA go away could also be used for such journey time for an worker’s personal severe well being situation or to look after a coated member of the family, along with the time for the precise appointment. Nevertheless, any detours or time spent on unrelated actions just isn’t protected by the FMLA. Moreover, the DOL discovered that medical suppliers should not required — and can’t be required by employers — to estimate journey time in FMLA medical certifications.

Conclusion

These opinion letters supply sensible steering on frequent points employers face and function a useful refresher for employers firstly of 2026. They additional underscore the significance of consulting the underlying FLSA and FMLA laws when evaluating office practices.