🗞️ Six Letters: DOL's Latest Guidance on Pay, Leave, and Classification
The U.S. Department of Labor's Wage and Hour Division issued six opinion letters addressing questions about the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA)
The Department of Labor's Wage and Hour Division released six official opinion letters on January 5, 2026, as part of its renewed commitment to providing compliance guidance under federal labor laws. These letters represent the continuation of an opinion letter program relaunched in June 2025 by Deputy Secretary Keith Sonderling, designed to promote clarity and transparency in labor law application.
The six letters address diverse workplace scenarios:
FLSA2026-1 examines whether an employee can be reclassified from exempt to non-exempt status despite continuing to meet the learned professional exemption criteria. The letter clarifies that while discontinuing supervisory responsibilities would not defeat the exemption, changing from salary to hourly pay likely would. Additionally, employers may voluntarily classify employees as non-exempt even when they meet exemption criteria.
FLSA2026-2 addresses the exclusion of certain bonus payments from regular rate calculations for overtime purposes under Section 7(e) of the FLSA. The letter provides guidance on when bonuses must be included and how to properly calculate overtime premiums when inclusion is required.
FLSA2026-3 analyzes whether collective bargaining agreements can mandate 15-minute "roll call" periods before shifts while excluding that time from overtime calculations. This addresses the intersection of union contracts and FLSA overtime requirements.
FLSA2026-4 tackles commissioned employee exemptions under Section 7(i), specifically addressing whether employers in states with higher minimum wages must use federal or state minimum wage for the pay standard calculation, and whether tips count as compensation under the "more than half" commission requirement.
The two FMLA letters provide needed clarity on previously ambiguous areas. FMLA2026-1 addresses how school closures lasting less than a full week impact FMLA leave calculations for school employees, an issue particularly relevant given varied academic calendars. FMLA2026-2 clarifies whether FMLA leave covers travel time to and from medical appointments when medical certification confirms the appointment necessity but does not specifically mention travel.
These opinion letters serve as official interpretations under the Portal-to-Portal Act and can be relied upon by employers as good faith defenses. The Wage and Hour Division exercises discretion in selecting which requests to address, focusing on issues of broad-based concern. The program expansion reflects the Department's strategy to provide proactive compliance assistance while working with reduced investigator staffing levels.
Key Points
- Six opinion letters issued addressing FLSA and FMLA compliance questions
- Topics include professional exemptions, overtime calculations, bonus payments, and commissioned employee standards
- FMLA guidance covers school employee leave calculations and travel time for medical appointments
- Employers reclassifying employees may do so voluntarily even when exemption criteria are met
- Collective bargaining agreements must still comply with FLSA overtime requirements
- State minimum wage may impact calculations for commissioned employee exemptions
- Travel time to medical appointments generally qualifies for FMLA protection when certified
- Opinion letters provide good faith defense under Portal-to-Portal Act
- Part of broader June 2025 program relaunch emphasizing compliance assistance
- Public can submit requests through dol.gov/opinion-letters
Primary Source Author: U.S. Department of Labor, Wage and Hour Division
Primary Source: U.S. Department of Labor, Wage and Hour Division
Primary Source Link: https://www.dol.gov/newsroom/releases/whd/whd20260105
