INSIGHTS
Client Alerts & Publications
U.S. Department of Labor Issues New FLSA Opinion Letters on Exempt Work, Bonus Calculations, Meal Periods, and Rounding Practices
On May 30, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released four new opinion letters addressing important Fair Labor Standards Act (FLSA) compliance issues. These letters provide updated guidance on (1) exempt employees performing additional hourly work, (2) the treatment of certain bonus payments for overtime purposes, (3) compensability of time during meal periods, and (4) the permissibility of rounding practices for hospital employees. This alert summarizes each letter and its practical implications for employers.
DOL Proposes New Joint Employer Rule Under FLSA, FMLA, and MSPA
On April 22, 2026, the U.S. Department of Labor published a proposed rule titled Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. The rule aims to establish a clear, unified standard for determining when multiple employers are jointly liable for wage and hour violations, filling a regulatory gap that has persisted since the prior rule was rescinded without replacement.