On January 5, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026‑1, addressing whether an employer may classify an employee as non‑exempt even when the employee satisfies the educational and job duties requirements of the Fair Labor Standards Act’s (FLSA) learned professional exemption.
The opinion letter arose from a request involving a Licensed Clinical Social Worker (LCSW) employed by a healthcare organization. The employee performed core job duties that included clinical assessments and psychosocial evaluations; treatment planning and documentation; participation in interdisciplinary care teams; crisis intervention and discharge planning; and consistent application of professional discretion and clinical judgment. The employee had been classified as exempt since obtaining her professional license, but following an internal restructuring that eliminated supervisory responsibilities, they were reclassified as non-exempt. The employee sought clarification as to whether the position continued to meet the criteria for the FLSA’s learned professional exemption and, if so, whether the employer could nevertheless pay them on an hourly basis and classify them as non‑exempt.
Relevant Legal Authority
The FLSA generally requires covered employers to pay employees at least the federal minimum wage for all hours worked, as well as overtime compensation at a rate of no less than one and one‑half times the employee’s regular rate of pay for hours worked in excess...
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