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The Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-9 on July 22, concluding that when a non-exempt employee voluntarily splits a workday between home and the office, the mid-day commute generally remains unpaid “ordinary” travel, even if the employee performs compensable work at home before or after the trip. WHD clarified […]
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently issued two opinion letters addressing how the Fair Labor Standards Act (FLSA) applies to employee travel time in modern work arrangements. Together, the letters provide helpful guidance for employers managing hybrid office employees, field service employees, and other nonexempt workers who perform some […]
On August 21, 2026, the Department of Labor (DOL) published its final rules rescinding the Office of Contract Compliance Program’s (OFCCP) regulations for Executive Order (EO) 11246, substantially revising Section 503 regulations, and issuing technical revisions to its Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) regulations. EO 11246 Regulations The DOL finalized the rescission of […]
On July 22, 2026, the U.S. Department of Labor (DOL) issued a new opinion letter analyzing whether travel time between an employee’s home and work would be considered compensable under the Fair Labor Standards Act (FLSA) as hours worked. Travel before and after vs. travel during Specifically, in FLSA2026-9 opinion letter, the employer’s inquiry centered […]
On May 29, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued four new Fair Labor Standards Act (FLSA) opinion letters. Two of them—FLSA2026-5 and FLSA2026-8—address questions that come up frequently for employers managing exempt classifications and timekeeping practices. Below is a summary of each. Dual-position Employees Can Retain Exempt Status […]
The legal framework governing worker classification in the United States has undergone significant turbulence over the past five years, leaving businesses to navigate a seemingly ever-changing regulatory environment. Most recently, on February 27, 2026, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking that would alter the analysis for determining whether a […]
With the confirmation of Lori Chavez-DeRemer as Secretary and Keith Sonderling as Deputy Secretary, the leadership team at the Department of Labor (DOL) is finally in place. However, numerous questions about the department’s future course persist. New Heads Former U.S. Representative Chavez-DeRemer was an unexpected nominee. A Teamster-supported advocate for unions and a rare Republican […]
Employers know that locating terminated vested participants and beneficiaries owed benefits under a retirement plan can be difficult—in part because people move, change jobs, and will forget they may have a balance or benefit owed to them under a prior employer’s plan. However, employers generally have an obligation under the Employee Retirement Income Security Act […]
On November 15, 2024, in a significant ruling that will impact employers across the nation, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL) new rule that would have required employers to increase the salary-basis threshold under the Fair Labor Standards Act (FLSA). In light of […]
Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]