FLSA

TakeawaysThe opinion letters, issued May 28 and signed by Wage and Hour Administrator Andrew B. Rogers, address common wage and hour risks, including exempt status, meal periods, the impact of quarterly bonuses on the regular rate calculation and routine pre-shift activity, off-the-clock work and rounding practices.Opinion letters provide useful guidance on how the Department of Labor may apply the FLSA in particular fact situations.Employers can use opinion letters in litigation to help defend…

On May 28, 2026, the U.S. Department of Labor's Wage and Hour Division (DOL) issued an opinion letter confirming that certain types of bonus plans structured as revenue-based bonus pools do not require employers to retroactively recalculate nonexempt employees' regular rates of pay and recompute overtime after the bonus is paid.

On May 28, 2026, the U.S. Department of Labor Wage and Hour Division (DOL) released an opinion letter confirming an important point for employers: an employee who qualifies for the executive, administrative, or professional exemption under Section 13(a)(1) of the Fair Labor Standards Act (FLSA) does not automatically lose that exemption merely because they perform some secondary non-exempt work for which they are paid on an hourly basis.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Megan Menguc (Washington) break down the most common strategies for consolidating payroll across related entities. Megan and Mike, who is chair of the firm’s Employment Tax practice group, walk through three distinct approaches, examining the practical benefits and limitations of […]

Third Circuit Rejects “Overtime Gap Time” Claims Under FLSA In a significant development for employers in the Third Circuit, the U.S. Court of Appeals for the Third Circuit recently held that the FLSA does not permit recovery of “overtime gap time” wages. While the decision limits the scope of federal wage-and-hour liability in the Third Circuit, it leaves open the possibility of state law and contract remedies. Background tgelbman@littler.com Thu, 06/11/2026 - 10:17