At a Glance

• Pre-shift work may be compensable where it is integral to an employee’s principal duties, while “waiting time” remains a non-compensable preliminary activity.
• Employers relying on the de minimis doctrine will be subject to “exacting scrutiny” where off-the-clock work occurs regularly, particularly given modern timekeeping systems.
• Rounding practices are permissible only if neutral on their face and in practice but may create liability where they systematically exclude compensable pre-shift work.

On May 28, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division issued Opinion Letter FLSA2026-8, providing compliance guidance related to a hospital’s timekeeping and pay practices, including regarding the compensability of certain pre-shift activities, waiting time, application of the de minimis doctrine, and whether its rounding policy complies with the Fair Labor Standards Act (FLSA).

The opinion letter involves an inquiry submitted by a non-exempt employee of a public hospital that employs approximately 18,000 non-exempt employees. The hospital permits workers to clock in up to seven minutes early and clock out seven minutes after their scheduled shifts (to account for limited timekeeping stations). The hospital’s timekeeping system rounds these times to worker’s scheduled shifts. However, while the timekeeping system would round early clock-outs in the same seven-minute increments, the hospital prohibits non-exempt, hourly workers from clocking out...

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