The Wage and Hour Division (WHD) of the U.S. Department of Labor
(DOL) issued various opinion letters construing the Fair Labor
Standards Act (FLSA) in early January 2026. The letters address
various issues under the FLSA, including the loss of exempt status
after a pay change, the interplay between performance bonuses and
overtime, and the provisions of collective bargaining agreements
(CBAs).
Exempt Duties and Nonexempt Pay
In
FLSA2026-1, the WHD found that a licensed clinical social
worker who performed clinical assessments, developed treatment
plans, and engaged in crisis intervention and similar tasks
generally met the duties test for the learned professional
exemption in the FLSA. According to the WHD, the worker's job
duties required advanced knowledge gained through extensive
specialized instruction.
