Employers often struggle with whether small amounts of off-the-clock work must be paid under the Fair Labor Standards Act (FLSA). With increased use of smartphones and remote work, understanding when ‘a few minutes here and there’ becomes compensable time is more important than ever.
On May 28, 2026, the Department of Labor (DOL) issued a new Opinion Letter (FLSA2026-8), where it considered whether certain pre-shift activities for non-exempt hospital workers were compensable.
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