Department of Labor Clarifies Compensability of Pre-Shift Work, de Minimis Doctrine and Rounding Practices Under the FLSA
June 12, 2026
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.
