US Department of Labor issues 4 opinion letters addressing overtime exemptions, bonuses, compensable time

WASHINGTON - The U.S. Department of Labor's Wage and Hour Division today issued four opinion letters designed to promote clarity, consistency, and transparency in the application of federal wage and hour standards under the Fair Labor Standards Act.

The opinion letters provide official written interpretations from the division that address real-world questions from individuals, companies, or organizations. They explain how the FLSA applies to the specific factual circumstances presented and may also have a broader interest to others impacted by the same or similar issues.

"Opinion letters explain how the laws enforced by the division apply in specific situations and circumstances that are faced by employees, employers, and others every day across America," said Wage and Hour Division Administrator Andrew Rogers. "The letters issued today explicate important and longstanding principles under the Fair Labor Standards Act, including compensable time, exemptions, and bonuses included in the regular rate of pay."

The following opinion letters were issued today:

• FLSA2026-5: Whether an employee exempt pursuant to paragraph 13(a)(1) of the FLSA can perform additional work in a secondary role at an hourly rate, and, if so, what overtime implications may arise.
• FLSA2026-6: Whether a bonus calculated by comparing an employee's total straight-time and overtime earnings to the total straight-time and overtime earnings of all employees eligible for the bonus is a "percentage of total earnings" bonus under 29 C.F.R. 778.210 that provides for the simultaneous payment of any overtime compensation due on the bonus, thus satisfying the FLSA's overtime pay requirement.
• FLSA2026-7: Whether time spent during a meal break voluntarily traversing an employer's premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises.
• FLSA2026-8: Whether certain pre-shift activities by hospital employees are compensable work and, if so, whether the hospital's practice of rounding employees' clock-in time to their scheduled shift start time is permissible.

In June 2025, the department announced the relaunch of the opinion letter program, which expands its longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.

The public is encouraged to use the division's opinion letters page to explore past guidance and to find information on how to submit a request for an opinion letter. Generally, opinion letters concern matters where the application of existing regulations or guidance is unclear. The division will exercise discretion in determining whether and how it will respond to each request and will focus primarily on attempting to address issues of broad-based concern.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency's industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency's PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Read opinion letters FLSA2026-5, FLSA2026-6, FLSA2026-7, and FLSA2026-8.