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Monday, January 19, 2026

New Year, New Views: DOL Opinion Letters on FLSA and FMLA Provide Employers with Helpful Guidance - The National Law Review

The U.S. Department of Labor’s (DOL) Wage and Hour Division welcomed the new year by issuing six new opinion letters on January 5, 2026 — four regarding the Fair Labor Standards Act (FLSA) and two regarding the Family and Medical Leave Act (FMLA). As background, opinion letters explain how the DOL applies federal employment laws to various workplace scenarios and serve as a valuable compliance resource for employers. Below is a brief summary of each opinion letter.

Voluntary Reclassification from Exempt to Non-Exempt – FLSA2026-1

The DOL addressed whether a licensed clinical social worker may be reclassified from exempt to non-exempt status under the FLSA even though the role continued to meet the duties and education requirements of the learned professional exemption. The employee was originally classified as a salaried-exempt employee. The employer later underwent an internal restructuring, advising the employee she would be reclassified as non-exempt, paid hourly, and her supervisory duties would be removed. The employee asserted that the role continued to meet the requirements of the learned professional exemption and requested clarification on the reclassification from the DOL. The DOL concluded that removal of supervisory responsibilities does not defeat the exemption if the employee’s primary duties still require advanced knowledge generally obtained through a professional degree. However, exempt status also requires compliance with the FLSA’s compensation...



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