On January 5, the Department of Labor’s Wage and Hour Division (WHD) issued six opinion letters to provide clarity to the employer community on the application of the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). The opinion letters address specific compliance questions raised by the regulated community and provide official interpretations from WHD. 

Two of the letters provide insights on FMLA issues that NFDA members may encounter:

• FMLA2026-1: How a school closure of less than a full week impacts the amount of leave a school employee uses under the FMLA.
• FMLA2026-2: Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment.

Additionally, WHD issued four letters addressing questions on FLSA compliance. The letters provide insights on issues that some employers may encounter:

• FLSA2026-1: Whether an employee’s role meets the criteria for the learned professional exemption under section 13(a)(1) of the FLSA, and, if so, whether an employer is nevertheless permitted to reclassify the employee as non-exempt.
• FLSA2026-2: Whether section 7(e) of the FLSA permits an employer to exclude certain bonus payments from an employee’s regular rate of pay. The letter also addresses how to include these payments in the calculation of employee overtime premiums if the payments must be included in an employee’s regular rate of pay.
• FLSA2026-3: Whether a union and employer can enter into a collective bargaining agreement that mandates a 15-minute “roll call” prior to each scheduled shift but excludes that time when calculating overtime premiums under the FLSA.
• FLSA2026-4: Whether, for purposes of the overtime exemption for certain commissioned employees in section 7(i) of the FLSA, an employer in a jurisdiction in which the state minimum wage exceeds the federal minimum wage must use the federal minimum wage, or alternatively, the higher state minimum wage, to determine whether it has satisfied the minimum pay standard in section 7(i)(1), and whether tips are deemed compensation for purposes of section 7(i)(2)’s requirement that more than half the employee’s compensation consist of commissions.

Importantly, while DOL opinion letters are not binding law, courts often give them persuasive deference and may look to them for guidance in understanding the department’s interpretation of the law and employers’ compliance practices.