06/02/2026
🚨 The DOL just dropped 4 new FLSA opinion letters — and they are binding compliance guidance.
Not suggestions. Not best practices.
Binding. 💣
DOL Wage and Hour Division issued FLSA2026-5 through FLSA2026-8 on May 29 — here's what every staffing firm needs to know 👇
📋 FLSA-5 — Salaried exempt employee taking on additional hourly work — what overtime obligations apply?
📋 FLSA-6 — Bonus calculations under 29 CFR 778.210 — does your bonus structure satisfy overtime pay requirements?
📋 FLSA-7 — Meal break walking time — is voluntary premises traversal during a 30-minute break compensable?
📋 FLSA-8 — Hospital pre-shift activities — is rounding clock-in time to scheduled shift start permissible?
And here's why staffing firms face exposure that goes beyond a single client 👇
🔴 You are the employer of record for every placed worker — FLSA violations by your clients can flow back to your firm
🔴 IT and professional staffing firms routinely place salaried exempt workers who take on additional hourly roles — FLSA-5 now gives you binding clarity on the overtime implications
🔴 Healthcare and industrial staffing firms with workers doing mandatory pre-shift tasks must review compensable time policies today — FLSA-8 is your benchmark
🔴 Performance bonuses paid to placed workers must include overtime recalculation — one audit can trigger back pay for your entire placed workforce 🔴 Courts and DOL investigators cite these letters — ignorance of binding guidance is not a defense ⚠️
Here's what your staffing firm needs to do right now 👇
✅ Audit every exempt placed worker doing additional hourly roles — overtime exposure may apply
✅ Review all bonus structures — confirm overtime is properly included per 778.210
✅ Map pre-shift activities for healthcare and industrial placements — document compensable time now
✅ Review meal break policies for workers whose positions involve on-premises movement during breaks
Most staffing firms won't look at these opinion letters until a DOL investigator quotes them in an audit. 😬
🔗 Staffing insurance built for the compliance landscape that actually exists → akkerins.com