On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-8. The opinion letter provides significant guidance on several recurring wage-and-hour compliance issues under the Fair Labor Standards Act (FLSA). Specifically, it addresses four core questions: (1) when pre-shift work activities constitute compensable “hours worked”; (2) whether time spent waiting at timekeeping stations is compensable; (3) the limits of the de minimis doctrine for recurring pre-shift work; and (4) the requirements for a lawful rounding practice under 29 C.F.R. § 785.48(b).
Although the letter was issued in response to a hospital employee’s inquiry, the principles it articulates can apply broadly to employers across many industries, including healthcare, manufacturing, retail, call centers, logistics and others.
