WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division today issued four opinion letters designed to promote clarity, consistency, and transparency in the application of federal wage and hour standards under the Fair Labor Standards Act.

The opinion letters provide official written interpretations from the division that address real-world questions from individuals, companies, or organizations. They explain how the FLSA applies to the specific factual circumstances presented and may also have a broader interest to others impacted by the same or similar issues.

“Opinion letters explain how the laws enforced by the division apply in specific situations and circumstances that are faced by employees, employers, and others every day across America,” said Wage and Hour Division Administrator Andrew Rogers. “The letters issued today explicate important and longstanding principles under the Fair Labor Standards Act, including compensable time, exemptions, and bonuses included in the regular rate of pay.”

The following opinion letters were issued today:

• FLSA2026-5: Whether an employee exempt pursuant to paragraph 13(a)(1) of the FLSA can perform additional work in a secondary role at an hourly rate, and, if so, what overtime implications may arise.
• FLSA2026-6: Whether a bonus calculated by comparing an employee’s total straight-time and overtime earnings to the total straight-time and overtime earnings of all employees eligible for the bonus is a “percentage of total earnings” bonus under 29 C.F.R. 778.210 that provides for the simultaneous payment of any overtime compensation due on the bonus, thus satisfying the FLSA’s overtime pay requirement.
• FLSA2026-7: Whether time spent during a meal break voluntarily traversing an employer’s premises and passing through a controlled access entry and exit is compensable under the FLSA when the employer allots employees a 30-minute meal period during which they are allowed to remain on the premises.
• FLSA2026-8: Whether certain pre-shift activities by hospital employees are compensable work and, if so, whether the hospital’s practice of rounding employees' clock-in time to their scheduled shift start time is permissible.

In June 2025, the department announced the relaunch of the opinion letter program, which expands its longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.

The public is encouraged to use the division’s opinion letters page to explore past guidance and to find information on how to submit a request for an opinion letter. Generally, opinion letters concern matters where the application of existing regulations or guidance is unclear. The division will exercise discretion in determining whether and how it will respond to each request and will focus primarily on attempting to address issues of broad-based concern.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Read opinion letters FLSA2026-5, FLSA2026-6, FLSA2026-7, and FLSA2026-8.

WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division today announced the publication of a technical amendment to restore the applicable regulations governing the exemption of executive, administrative, and professional employees under the Fair Labor Standards Act. 

The Department’s technical amendment removes from the Code of Federal Regulations the regulatory language from a 2024 rule that was judicially vacated, and republishes the operative regulations, which were established in a rule the department issued in 2019. The restored regulations require that most exempt executive, administrative, and professional employees be paid a salary of at least $684 per week. The regulations also set a total annual compensation threshold of $107,432 for certain highly compensated employees.  

“The Wage and Hour Division is committed to ensuring that its regulations accurately reflect the proper standards and requirements that we enforce,” said Wage and Hour Division Administrator Andrew Rogers.  “It is critical that each element of the section 13(a)(1) exemptions – duties, salary basis, and salary level requirements – be clearly framed for the benefit of both employees and employers.” 

This technical amendment is effective immediately upon publication in the Federal Register.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Read the technical amendment.

HONOLULU – The U.S. Department of Labor has recovered $171,897 in back wages from a physical therapy and rehabilitation clinic after an investigation determined the employer denied 32 employees full overtime pay at three of its facilities, in violation of federal law.

Investigators with the department’s Wage and Hour Division determined First Physical & Functional Rehab failed to combine hours worked across its three locations in Wahiawa, Waianae, and Waipahu, resulting in some workers not receiving overtime compensation. The Fair Labor Standards Act requires employers to pay workers time and one-half their regular rate of pay for all hours worked over 40 in a workweek. 

In addition to the back wages, the employer also paid $18,810 in civil money penalties because of the willful nature of the violations. 

“Employers must abide by federal laws and ensure that workers are fully compensated for all hours worked,” said Wage and Hour Division Acting District Director Patrick Candoleta in Honolulu. “We will continue to hold employers accountable to help ensure that compliance is a priority in every workplace. We will also offer compliance assistance to help employers who seek it avoid violations of overtime requirements and other wage and hour rules.”

First Physical & Functional Rehab operates under the names Wahiawa Rehab Services Inc., Waianae Valley Physical Therapy Inc., and Waipahu Physical Therapy Inc.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential FLSA minimum wage and overtime violations, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Download the agency’s free timesheet app for Android and iOS devices to ensure hours and pay are accurate.

WASHINGTON − The U.S. Department of Labor today announced it will host a two-day online forum to provide meaningful compliance assistance related to federal laws governing wages, safety, and other workplace issues. 

The Protecting America’s Workforce forum will begin with opening remarks from Acting Secretary of Labor Keith Sonderling and proceed to panel discussions and presentations with representatives from the department’s Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, Mine Safety and Health Administration, and Veterans’ Employment and Training Service. 

In addition, enforcement and compliance representatives from the Internal Revenue Service, Small Business Administration, and Equal Employment Opportunity Commission will participate.

“Workers and businesses deserve clear, practical guidance on compliance with the laws enforced by the Department of Labor,” said Acting Secretary of Labor Keith Sonderling. “We are proud to collaborate with our partners across the federal government to provide a platform for expert-level presentations designed to foster improvements to workplaces across America.” 

The event, which will be held May 6-7, will provide valuable information on various workplace topics such as the department’s self-audit programs, OSHA’s Heat Illness Prevention campaign, the relaunch of the department’s opinion letters program, veterans’ employment rights, child labor laws, government contract prevailing wage requirements, and Registered Apprenticeships.

Forum attendance is free and open to the public, but registration is required. Once registered, additional information, including links to sessions, will be provided. 

Read more about the 2026 Department of Labor forum, including the agenda for the two-day event. 

MCMINNVILLE, OR – An investigation by the U.S. Department of Labor’s Wage and Hour Division found a McMinnville restaurant incorrectly categorized 19 workers as exempt, not paying them the legally required overtime premium, and used workers’ tips to supplement base wages, all violations of federal wage law. 

Division investigators determined that Taste of India 1 violated the Fair Labor Standards Act by paying 19 non-exempt employees straight-time rather than the overtime rate of time and one-half the regular rate of pay for all hours worked over 40 in a workweek. Taste of India 1 also illegally used workers’ tips to supplement base wages, establishing an invalid tip pool. 

As a result of the investigation, the division recovered $200,137 in back wages and $15,256 in civil money penalties assessed against the employer for the willful nature of the violations.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division announced today it will offer webinars on prevailing wage requirements for contractors, contracting agencies, unions, workers, and other stakeholders involved in federally funded projects and service contracts. 

As part of its ongoing effort to increase awareness and improve compliance, the division will host two-day online seminars with sessions on the Davis-Bacon and Related Acts, Service Contract Act, and other topics. Participants can choose between the sessions offered on either of the two days. 

Webinars are scheduled for May 20-21 and Sept. 23-24. Seminar attendance is free, but registration is required. Once registered, additional information including links to sessions will be provided. 

These events help educate federal contractors seeking opportunities to employ skilled workers in communities across America. These programs are part of the department’s commitment to providing employers with useful training and assistance to avoid non-compliance with prevailing wage laws.

For more information about the Davis-Bacon Act, the Service Contract Act, and other federal wage laws, please call the division’s toll-free helpline at 1-866-4US-WAGE (487-9243).

Learn more about related federal wage regulations and check for updates on the seminars.

SAN JUAN, PR – The U.S. Department of Labor is looking for 204 current or former officers of the Puerto Rico Police Department, who worked between June 13, 2010, and August 31, 2014, and are owed back wages as part of a 2016 federal court order.

The order required the Puerto Rico Police Department to pay $8,732,386 in back wages and interest to 2,642 current and former police officers. The police department has delivered back wages to most of these workers. However, the police department was unable to contact 204 of the affected employees who are due $128,704.

The U.S. Department of Labor’s Wage and Hour Division is now responsible for distributing these back wages and wants the affected workers to know that they can still claim their back wages. Even if employees received some installment payments, the division may have additional funds to distribute.

“The Wage and Hour Division is determined to deliver back wages to all affected workers who earned them. We encourage these workers to contact us at 1-202-343-5524 or use our online search tool, Workers Owed Wages, to find out if they are owed back wages,” said Wage and Hour Division Caribbean District Director José R. Vázquez in Puerto Rico. “Please use the search term ‘PR Police’ when using the Workers Owed Wages system.”

An investigation by the department’s Wage and Hour Division found that between June 2010 and August 2014, the commonwealth’s police department willfully committed numerous violations of the Fair Labor Standards Act, most significantly regarding the failure to pay overtime properly.

Employers and workers can call the division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

AUSTIN, TX – The U.S. Department of Labor has recovered $63,645 for eight workers after an investigation found an area restaurant violated federal wage and hour laws. 

The department’s Wage and Hour Division found that El Beto’s Tacos LLC – doing business as Beto’s Restaurant and Bar – failed to pay for overtime hours worked and illegally deducted wages from tipped employees, in violation of the Fair Labor Standards Act.

Division investigators determined that on average, employees worked over eight overtime hours weekly, but Beto’s did not pay them the required overtime premium of time-and-one-half per hour. Additionally, the employer did not compensate workers for duties performed after completion of their shifts. The division also found that the employer deducted uniform expenses from the wages of tipped employees, resulting in the workers being paid less than the minimum wage for all hours worked.

“Wage violations, including failing to track and pay for all hours worked, continue to be a major concern for workers in the food services industry,” said Wage and Hour Division Acting District Director Charles Frasier, in Houston, Texas. “The Wage and Hour Division offers assistance to employers to help them avoid these kinds of violations and will continue to assure that workers get all the pay they have earned.”

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act. 

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

NASHVILLE, TN – The U.S. Department of Labor has recovered $30,442 in back wages for a former university auditor whose employer violated their rights to protected leave.

Investigators with the department’s Wage and Hour Division found the University of Tennessee forced an auditor to resign after they requested to use protected leave for a qualifying health condition under the Family and Medical Leave Act. While the employee was on approved intermittent leave, the university told the employee they needed to resign or they would be fired. 

The investigators also determined the employer failed to supply its employees with a complete policy that provided information about employee rights and responsibilities under the FMLA.

“Federal law allows for critical workplace rights precisely when workers need them the most. Qualifying leave is established by law, and employers cannot simply deprive eligible workers of their legal right to family and medical leave and force them to make the hard choice between keeping their jobs and caring for themselves or their families,” said Wage and Hour Division District Director Lisa Kelly in Nashville, Tennessee. 

In addition to providing leave in certain circumstances, employers are required to inform employees that they may be eligible for FMLA leave within five business days of learning their requests could qualify. Employers must also:

• Reinstate workers to the same or equivalent positions after taking FMLA leave.
• Record, maintain, and calculate the amount of FMLA leave taken.
• Provide notice of FMLA rights and responsibilities, as required by law.
• Designate leave as FMLA-qualifying when appropriate.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the FMLA.

Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s free Android and iOS Timesheet App.  

EUGENE, OR – A U.S. Department of Labor investigation found an Oregon-based Korean barbeque chain restaurant violated federal law when it allowed a teen employee to work more than permissible hours, denied workers overtime pay, and improperly kept employees’ tips.

Investigators from the department's Wage and Hour Division discovered that the owners of Kkoki Korean BBQ allowed a 15-year-old employee to regularly work more than three hours on school days, past 9 p.m. between June 1 and Labor Day, and more than 40 hours in a workweek, all violations of the Fair Labor Standards Act. 

Additionally, the employer failed to provide overtime pay for employees’ hours worked over 40 in a workweek and permitted a restaurant manager to unlawfully participate in the employee tip pool and retain tips that belonged exclusively to the tipped employees. 

The investigation resulted in the recovery of $58,569 in back wages for 32 workers, along with $38,416 in civil money penalties for repeated and willful violations, as well as child labor violations.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

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