Published date: 01/22/2026
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued six new opinion letters offering additional clarity on how federal requirements under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) apply to real‑world workplace scenarios. The topics tackled by these new opinion letters include:
- Whether certain positions meet the learned professional exemption, and whether employers may still classify those employees as non‑exempt even if they qualify.
- How specific bonus payments should be included when calculating an employee’s regular rate for overtime.
- Whether pre‑shift “roll call” time negotiated under a collective bargaining agreement can be excluded when determining overtime obligations.
- How to apply the commissioned employee exemption in states where the minimum wage exceeds the federal rate—including how tip income factors into determining total compensation.
.
.
These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.
