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ARTICLE · 07 OCTOBER 2026

Could These Wage And Hour Issues Affect Your Workplace?

Masuda, Funai, Eifert & Mitchell, Ltd.
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The U.S. Department of Labor issued four new opinion letters on May 29, 2026, addressing critical Fair Labor Standards Act compliance questions that affect everyday workplace practices. These interpretive guidance documents cover exempt employee classifications, bonus calculations, timekeeping practices, and meal period policies, offering employers insight into how the DOL evaluates wage-and-hour issues during investigations.

United StatesEmployment and HR

The U.S. Department of Labor ("DOL") continues to use opinion letters to answer practical questions about applying the Fair Labor Standards Act ("FLSA") to everyday workplace situations. On May 29, 2026, the DOL issued four new opinion letters addressing topics ranging from exempt employee classifications and bonus calculations to timekeeping practices and meal periods. Although these letters do not change the law, they provide valuable insight into how the DOL is likely to evaluate these issues during an investigation.

The opinion letters address several common wage-and-hour issues under the FLSA. They discuss when salaried exempt employees may perform additional non-exempt work for separate hourly compensation without losing their exempt status and when quarterly bonus programs based on a percentage of employees' total earnings satisfy the FLSA's overtime requirements without requiring additional overtime calculations. They also address whether travel time associated with an

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