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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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FEATURED NEWS
2026-06-05T05:00:00Z
NewsTime ClocksBefore and After Work ActivitiesUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourEmployee BenefitsWage and HourPreparatory and Concluding Activities/Time CardsBreaks and Meal PeriodsEmployee BenefitsHours WorkedHR GeneralistFair Labor Standards Act (FLSA)Focus AreaHuman Resources
DOL answers FLSA questions with 4 opinion letters
On May 28, the U.S. Department of Labor (DOL) issued four new opinion letters that answer questions about complying with the federal Fair Labor Standards Act (FLSA).
The agency provided insight into these issues:
Can an exempt employee also do non-exempt work and be paid hourly for it?
Yes, under the federal FLSA. An exempt employee can take on extra non-exempt work in a second role and be paid an hourly rate for that work without losing exempt status, as long as the employee’s main duty is still exempt work and the salary basis requirements are still met. In that case, the arrangement doesn’t automatically create overtime obligations.
In the example described by the DOL, an exempt employee worked additional non-exempt weekend shifts. The employer paid an hourly rate for those extra shifts, but the employee still received their full salary each week, no matter how many extra shifts they worked.
Can a quarterly bonus be paid without recomputing the regular rate and still comply with the FLSA?
Yes. A quarterly bonus can comply with the FLSA if it is calculated using a percentage of total earnings. In using that method, using both straight and overtime earnings, the bonus includes payment of the overtime premium that is due, and the employer doesn’t need to go back and recalculate the employee’s regular rate or pay extra overtime.
Do employers have to pay employees for time spent leaving the worksite during a meal break?
No. If the employer provides a true 30-minute meal period and the employees are fully relieved of duties during that time, the employer doesn’t have to pay employees for time spent voluntarily leaving the worksite to get or eat a meal.
The employer also doesn’t have to extend the meal period to cover the time employees spend leaving and returning to the work area before and after the meal.
Can employers avoid paying for pre-shift activities and waiting time, and round to the scheduled start time?
It depends on what the employee is doing before the shift begins. If the pre-shift activity is an integral part of the employee’s main job duties, that time must be paid. But employers generally don’t have to pay for time spent on activities such as waiting in line to clock in or out, as long as those activities happen before the employee begins principal work or after that work has ended.
The DOL warned, however, that rounding practices can violate minimum wage or overtime rules if employees are already doing compensable work before their scheduled shift starts.
In the example described, a company allowed employees to clock in up to 7 minutes early to reduce lines at time clocks. The system rounded those times to the scheduled shift start. But because some employees began working right after clocking in, the employer had to pay them for that time. The DOL noted that rounding to the shift’s start time, especially across a large workforce, could be seen as consistently favoring the employer.
Employers should be mindful of state or local requirements, as they might differ from federal requirements.
Key to remember: FLSA compliance depends on the specific facts and circumstances of each situation, but recent opinion letters from the DOL provide insight into how it looks at certain issues relating to bonuses, mealtimes, time clock rounding, and exempt employees doing nonexempt work.
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RECENT INDUSTRY HIGHLIGHTS
2026-06-05T05:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationAssociate RelationsHR GeneralistExpert InsightsFair Labor Standards Act (FLSA)Salary deductionsHR ManagementEnglishFocus AreaHuman ResourcesUSA
Expert Insights: Sand, surf, and salaries
It’s almost summer and your employees might be ready to wrap up work early and head to the beach. In fact, June 2 was “National Leave the Office Early Day.”
If your exempt employees are swapping out work shoes for flip-flops midday, you might wonder if you have to pay them their full salaries for ducking out early.
Under the federal Fair Labor Standards Act (FLSA), exempt employees must be paid on a salary basis. This means exempt employees must receive their full salary for weeks in which they perform any work, no matter how many days or hours they work. Exempt employees, however, don’t need to be paid for weeks in which they perform no work.
Common questions pop up about salary deductions for exempt employee absences. In some cases, employers can make deductions for full-day absences, but rarely for partial days. The salary basis rule, however, doesn’t apply to attorneys, physicians, and teachers. In other words, reducing their pay for partial-day absences doesn’t result in loss of exemption.
Employers may make deductions from the salaries of exempt employees in the following circumstances:
- When the employee is absent for 1 or more full days for personal reasons, other than sickness or disability;
- When the employee is absent for 1 or more full days due to sickness or disability, if the deduction is made according to a bona fide plan, policy, or practice of providing compensation for loss of salary for these types of absences;
- Within certain limits, for absences caused by jury duty, attendance as a witness, or temporary military leave;
- For violations of major safety rules;
- For disciplinary suspensions of 1 or more full days, subject to certain restrictions;
- During the first and last weeks of employment; or
- For leave taken under the federal Family and Medical Leave Act.
Unless your beach-loving exempt employee fits into one of these seven categories, you’ll likely have to pay them if they say, “Surf’s up!” and leave early.
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2026-06-04T05:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementDiseases and illnessesIn-Depth ArticleHR ManagementEnglishHuman ResourcesIndustry NewsInfectious DiseasesSafety & HealthInfectious DiseasesGeneral Industry SafetyModel Infectious Disease StandardsHR GeneralistAssociate RelationsFocus AreaUSA
Pandemic memories among the hantavirus outbreak
Headlines about the hantavirus outbreak, particularly the Andes virus, might stir up unpleasant memories of the COVID-19 pandemic for employers and employees. To date, however, no cases of the Andes virus have been confirmed in the U.S.
While post-pandemic angst might be real, this outbreak isn’t like the COVID-19 pandemic, and the overall risk to the American public and travelers (including employees who travel for work) is extremely low. Therefore, employers have no current reason to take any pandemic-like actions. Even though the Andes virus is the first hantavirus to spread between humans, it doesn’t spread easily from person-to-person like a respiratory virus, such as COVID-19, does.
The hantavirus spread is rare and usually limited to people who have close contact with the ill person. This includes direct physical contact, prolonged time spent in close or enclosed spaces, and exposure to the sick person's body fluids.
Recent spread
The Andes virus outbreak began when it was reported in early May, when cruise ship passengers contracted the virus.
The afflicted passengers are at the Nebraska Quarantine Unit at the University of Nebraska Medical Center for assessment and will be monitored for 42 days (roughly until June 13). According to the U.S. Centers for Disease Control and Prevention (CDC), signs and symptoms of the Andes virus appear 4–42 days after exposure. Seven passengers who returned from the cruise early are at home being monitored by their state and local health officials. The CDC is also conducting a contact investigation with the passengers’ applicable state or local health departments.
What are hantaviruses and what should employers know?
According to the CDC:
Hantaviruses are a family of viruses that can cause serious illnesses and death.
- Rodents primarily transmit hantaviruses, which cause potentially deadly diseases.
- The Andes virus is the only hantavirus known to spread person-to-person.
- Early symptoms can look like the flu.
- The Andes virus is not new and is normally found in areas of South America.
There is no specific treatment for hantavirus infection. Patients should receive supportive care, including rest, hydration, and treatment of symptoms.
Andes virus risk-reduction steps are similar to those used during the COVID-19 pandemic. Employers can enhance cleaning protocols, respiratory protection, ventilation, and workplace policies to reduce the risk of hantavirus. Employers can also take steps to control rodents in the workplace, particularly for employees with potential exposure to rodents.
As with any illness, employers can also encourage employees to stay home when they feel ill.
Key to remember: Currently, employers don’t have to worry about a hantavirus outbreak among employees in the U.S.
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2026-06-04T05:00:00Z
NewsProtective SystemsRecordkeepingSafety & HealthChange NoticesConstruction SafetyChange NoticeExcavationsRecordkeepingWashingtonEnglishFocus AreaCompetent Person
Washington amends trenching and excavation rule
Effective date: June 1, 2026
This applies to: Construction employers in Washington state
Description of change: Washington has adopted amendments to chapter 296-155 WAC, Safety standard for construction work, Part N, Excavation, trenching, and shoring, to require an employer’s written work plan to include details on appropriate risk analysis prior to any work that requires a protective system. The adopted rule:
- Creates a standalone definition section and adds a new definition of "work plan."
- Requires a competent person to remain onsite during all trenching and excavation work.
- Requires completion of a written trench excavation work plan (provided on the L&I website) for any trench excavation that requires a protective system under WAC 296-154-657 (1)(a). Employers may also create their own work plan that meets the criteria outlined in the rule.
- Addresses recordkeeping and training requirements of the trench excavation work plan.
Regulatory citation: New WAC 296-155-652; and amending WAC 296-155-650 and 296-155-655
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2026-06-04T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyAnnual inspections - Motor CarrierCMV Parts and MaintenanceFocus AreaMaintenance and periodic inspectionsUSAEnglishBrakesVehicle maintenanceTransportationCMV Inspections
Stop right there! Brake Safety Week is near
Everyone’s favorite 7-day brake safety event has been announced for August 23–29 this year, meaning it’s time to start getting your vehicles and drivers inspection-ready!
The Commercial Vehicle Safety Alliance (CVSA) hosts Brake Safety Week, a week-long inspection and compliance enforcement event, each year to offer brake-safety awareness and to collect important brake-related data.
Drum and rotor focus
The focus this year is on drums and rotors. Brake drum and rotor issues can have a serious negative impact on a vehicle’s brake efficiency. There’s the possibility that broken pieces of drums and rotors can become dislodged from the vehicle enroute and damage other vehicles or lead to injuries or fatalities to the public. Inspectors will be on the lookout for any drum or rotor issues to help keep roadways safer.
What you need to know about inspections
CVSA-certified inspectors will perform routine inspections on commercial vehicles from August 23–29 with a special focus on brake components and systems. Some jurisdictions will also use performance-based brake testers (PBBT) to help assess a vehicle’s braking performance.
If an inspector finds any commercial vehicle with brake-related out-of-service violations, that vehicle will be removed from roads until the violations are corrected.
Stay proactive
Brake Safety Week helps remind drivers and motor carriers to keep up with proactive vehicle maintenance and safety procedures. Law enforcement use this opportunity to highlight the importance of brake safety and offer some educational outreach.
To help prepare for this year’s Brake Safety Week event, the CVSA recommends:
- Learning about the different vehicle components checked during inspection, and
- Viewing the inspection procedure to know what to expect at https://www.cvsa.org/programs/operation-airbrake/operation-airbrake-inspection-procedure/.
A flyer with brake drum and rotor tips to help avoid violations is also available at https://www.cvsa.org/programs/operation-airbrake/focus-area/.
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2026-06-03T05:00:00Z
NewsDisabilities and ADAFamily and Medical Leave Act (FMLA)LeaveUSAFamily and Medical Leave Act (FMLA)HR ManagementEnglishLeaveReasonable AccommodationsAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
May employees take FMLA leave for guide dog training?
Eligible employees are entitled to unpaid leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition. The law doesn’t specify if taking leave for dog training is a qualifying reason.
Employees also have the right to use accrued paid time off (e.g., paid sick leave) for otherwise unpaid leave under the FMLA, but the paid time off is governed by company policy.
A court recently provided related insight when it denied an employee’s claim against her employer.
The situation
Andrea, an employee, had a medical condition that was causing her to gradually lose her vision and hearing. Despite this, she excelled at her job for many years. At one point, though, she decided that she needed a guide dog.
She asked her employer if she could use paid sick leave to attend a mandatory 3-week training course to obtain her guide dog. The employer denied her request for paid sick leave because the training didn’t qualify as a “personal illness” under the company’s sick-leave policy. The employer instead allowed her to take unpaid leave as an accommodation under the Americans with Disabilities Act (ADA).
The claim
Unhappy with the denial of paid sick leave, Andrea sued, alleging that she had the right to use paid leave under the Family and Medical Leave Act (FMLA). She also argued that the denial violated the ADA because it:
- Amounted to disability discrimination, and
- Failed to properly accommodate her disability.
The employer argued that the time off didn’t qualify for paid leave under the company policy, so the FMLA didn’t require it.
It also argued that the leave wasn’t for treatment for Andrea’s FMLA serious health condition.
The employer felt that a serious health condition “makes” an employee “unable to perform” the employee’s job functions only if the condition’s physical symptoms prevent the employee from working. Because Andrea’s leave was for guide-dog training, not for her medical conditions, the employer argued that her time off didn’t fall under the FMLA.
The ruling
The court assumed that the FMLA applied to Andrea’s requested paid sick leave; however, it ruled against Andrea’s FMLA claim. It said that she was entitled to the paid sick leave only if the employer would “normally” provide that leave under similar circumstances for all employees, which it wouldn’t do based on company policy. In the end, she didn’t convince the court that her guide-dog training qualified for the company’s paid sick leave.
The court found that Andrea lacked evidence showing that the employer treated nondisabled personnel more favorably, and that unpaid leave qualified as an ADA reasonable accommodation.
Tumbleson v. Lakota Local Sch. Dist., et al., Sixth Circuit Court of Appeals, No. 25-3548, May 13, 2026.
Key to remember: Employees may take FMLA leave for guide dog training, but employers may apply their paid leave policies when employees seek to use paid leave for otherwise unpaid FMLA leave. Employers don’t have to provide paid leave as a reasonable accommodation if they don’t normally do so in a situation.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.