On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part three of a three-part series – covers the final two letters, both under the FLSA, and both aimed at assumptions employers sometimes make about flexibility.

One letter addresses whether mandatory pre-shift “roll-call” time can be excluded from overtime calculations based on a collective bargaining agreement. The other addresses how to apply the commissioned-employee overtime exemption when state minimum wage exceeds the federal minimum wage – and what actually counts as commissions. Continue reading

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part two of a three-part series – focuses on two FLSA letters that address problems employers often assume they have already resolved.

One letter deals with exempt classifications that appear sound based on job duties but unravel because of how the employee is paid. The other addresses bonus programs that feel discretionary until overtime calculations say otherwise. Continue reading

Employers often try to manage overtime by adjusting schedules, staffing, or compensation models.

What they cannot do is manage overtime by adjusting the “regular rate” in a way that only shows up when overtime does.

That distinction mattered here. Continue reading

Paying employees a flat weekly salary doesn’t make them exempt from overtime. One employer just learned that lesson the expensive way—after misclassifying dozens of workers. Continue reading

A recent DOL enforcement action shows how routine rounding practices can spiral into serious legal exposure. This post breaks down one employer’s nearly $600,000 mistake—and explains what the FLSA really permits when it comes to rounding work time.

TL;DR: A construction contractor just had to pay nearly $600,000 in back wages and damages after the Department of Labor found systemic underpayment of overtime. A key issue? The company’s rounding and timekeeping practices. Rounding work time can be legal—but only if it doesn’t shortchange employees over time. Here’s what every employer needs to know.

A Costly Lesson in Cutting Corners