To kick off the new year, on January 5, 2026, the United States Department of Labor issued six (6) new opinion letters, addressing a variety of topics under the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). “[D]esigned to promote clarity, consistency, and transparency in the application of federal labor standards,” the new letters clarify agency interpretations on issues such as:
- The nature and scope of the learned professional overtime exemption as applied to a licensed clinical social worker and whether the employer is nonetheless allowed to classify the employee as non-exempt; and
- Whether certain bonuses that incentivize work performance must be included in an employee’s regular rate of pay for purposes of calculating overtime premium pay.
These opinion letters, while not binding on third parties or the courts, provide very helpful windows into how the DOL interprets and enforces its laws, including the FLSA and FMLA. Do not hesitate to reach out to a member of our Labor & Employment Team with further questions on the potential impact of these new letters or other updates in this area of law.
