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Federal Employment Law Articles

FLSA - Overtime Exemptions

Articles Discussing Overtime Exemptions Under The FLSA.

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DOL Opinion Letter Confirms Exempt Employees Can Perform Some Non-Exempt Work for Hourly Wages Without Automatically Losing Exempt Status

FordHarrison·

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.