No Items in Cart 
On May 29th, 2026, the U.S. Department of Labor (DOL) released several new opinion letters addressing key wage & hour issues. Specifically, one of the four documents informed readers whether an exempt employee could perform additional work in a secondary role at an hourly rate and still be eligible for overtime. Additionally, the letters covered bonus calculations, the usage of meal break time, and pre-shift compensable work for hospital employees. Although the new opinion letters focus on specific sections of the national workforce, the overall concepts in the resources fall under the Fair Labor Standards Act (FLSA). The FLSA applies to most employers in most workplaces. Earlier, in January 2026, the DOL released four other wage & hour-focused opinion letters focused on bonus and overtime pay, employee classifications, overtime for commissioned employees, and collective bargaining agreements.
The Fair Labor Standards Act (FLSA)
As previously noted, overtime calculations, bonus payments, meal and break time, and compensable work agreements are dictated by the FLSA. As the nation’s primary wage & hour law and one of the major employment laws employers must follow, the FLSA also establishes minimum wage, overtime protections, and tip regulations for non-exempt part-time and full-time employees.
What Are Opinion Letters?
On June 2nd, 2025, the DOL announced a relaunch of its opinion letters program. According to the agency, the opinion letters program will provide meaningful compliance assistance. This assistance helps workers, employers, and other stakeholders in businesses of all sizes understand how federal labor laws apply in specific workplace situations.
Opinion letters provide official written interpretations from the DOL’s enforcement agencies. Specifically, the letters explain how laws apply to specific factual circumstances presented by individuals or organizations. Chiefly, by addressing real-world questions, they promote clarity, consistency, and transparency in the application of federal labor standards. Although the letters are not binding in court, anyone at any business, of any size, can request an opinion letter.
Which Agencies Participate in the Opinion Letters Program?
The program spans five key enforcement agencies within the DOL. The different departments will either offer opinion letters, letters of interpretation, advisory opinions, information letters, or other various resources. The participating agencies are:
- The Wage and Hour Division (WHD) will issue opinion letters.
- The Occupational Safety and Health Administration (OSHA) will provide letters of interpretation.
- The Employee Benefits Security Administration (EBSA) will release advisory opinions and information letters.
- The Veterans’ Employment and Training Service (VETS) will issue opinion letters.
- The Mine Safety and Health Administration (MSHA) will provide compliance assistance resources through its new MSHA Information Hub, a centralized platform offering guidance, regulatory updates, training materials, and technical support.
Overview of the New Opinion Letters
The following four opinion letters are the most recent guidance released by the DOL’s WHD:
- FLSA2026-5 discusses whether an employee who is classified as exempt under paragraph 13(a)(1) of the FLSA can perform additional work in a secondary role at an hourly rate. If so, what overtime implications may arise?
- FLSA2026-6 was drafted by the DOL to discuss if a bonus calculated by comparing an employee’s total straight-time and overtime earnings to the total straight-time and overtime earnings of all other eligible employees is a “percentage of total earnings” bonus. If so, does that bonus provide for the simultaneous payment of any overtime compensation due on the bonus?
- FLSA2026-7 explores whether time spent during a 30-minute meal break walking through an employer’s premises is compensable time. Specifically, this includes passing through controlled-access entry and exit points.
- FLSA2026-8 discusses if certain pre-shift activities by hospital employees are considered compensable work. And, if it is, is the practice of rounding employees' clock-in time to their scheduled shift start time permissible?
Employer Takeaways
In conclusion, as mentioned previously, although the examples used in the opinion letter involve specific occupations or workplace facilities, the FLSA’s laws and regulations apply to most businesses. These new opinion letters serve as timely reminders to all employers to ensure compliance with the FLSA's wage & hour rules. If you have any questions, please consult your local labor office or seek the advice of your legal counsel.
To assist employers, WorkWise Compliance now offers a selection of monthly and annual compliance plans to help businesses address their legal obligations under workplace laws, including virtual consulting services on important labor law compliance topics. These services can help affected businesses address current and proposed DOL regulations on proper wage and hour and other labor practices.
