Labor relations
Unions, collective bargaining and employees' rights to act together.
What this adds up to
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The National Labor Relations Board (NLRB) put its 2020 joint employer rule back into the regulations, effective February 27, 2026, after a court struck down the 2023 rule before it took effect.
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The General Counsel of the NLRB published memo GC 26-04 on August 26, 2026, which lists seven recent Board decisions she is asking the Board to overturn and six more she intends to challenge when a suitable case arises.
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The record describes the memo as agency guidance that creates no new duties, and says current Board decisions still apply.
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The Wage and Hour Division (WHD) issued two Fair Labor Standards Act (FLSA) opinion letters: one says a paid 15-minute pre-shift roll call under a collective bargaining agreement counts as hours worked for overtime, and the other says a 60-minute unpaid meal period stays unpaid when employees walk 6 to 14 minutes to and from a break area.
4 records
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Published
Wage and Hour Division says a 60-minute unpaid lunch break stays unpaid even with up to 14 minutes of required walking
- What changed
- The Wage and Hour Division (WHD) issued Fair Labor Standards Act (FLSA) opinion letter FLSA2026-11. It concludes that a 60-minute unpaid meal period stays unpaid when employees must walk 6 to 14 minutes to and from a designated break area, because they are relieved from duty and still have 46 to 54 minutes to eat.
- Who's affected
- The letter answers one employee's question about a detention facility's meal period. Its reasoning is relevant to employers covered by the FLSA that require non-exempt employees to travel to a set location for unpaid meal breaks.
- What to do
- This letter creates no new duties for employers. If you require employees to walk to a set area for unpaid meal breaks, consider checking that they are relieved of duty and still have enough time to eat after the travel.
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Published
National Labor Relations Board General Counsel lists Board decisions she is asking or plans to ask the Board to overturn
- What changed
- The General Counsel of the National Labor Relations Board (NLRB) published memo GC 26-04. It lists positions already taken asking the Board to overturn seven recent decisions, and six more decisions the General Counsel intends to challenge when a suitable case arises.
- Who's affected
- Employers and unions with cases before the NLRB that involve these issues, especially unionized employers and employers facing organizing. The memo itself is addressed to NLRB regional staff.
- What to do
- This memo creates no new duties for employers. Current Board decisions still apply, so keep following them while watching for Board rulings on the cases the memo names.
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Effective
National Labor Relations Board restores the 2020 joint employer rule after a court vacated the 2023 standard
- What changed
- The National Labor Relations Board (NLRB) put its 2020 joint employer rule back into the regulations. The 2023 rule that replaced it was struck down by a court before it ever took effect, so the standard employers were actually subject to does not change.
- Who's affected
- Private employers whose work is done by another company's employees, through staffing agencies, contractors or franchising, and the companies that employ those workers.
- What to do
- Nothing is required. If you rely on another company's workers, it is worth reviewing where you set or control their wages, hours, hiring, discipline or supervision.
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Published
Wage and Hour Division says a paid pre-shift roll call counts as hours worked for overtime under the Fair Labor Standards Act
- What changed
- In an opinion letter, the Department of Labor's Wage and Hour Division (WHD) says a mandatory 15-minute roll call before each shift, paid under a collective bargaining agreement (CBA), counts as hours worked under the Fair Labor Standards Act (FLSA) and must be counted toward overtime. It adds that a CBA could be written to meet the FLSA's section 7(b)(1) or 7(b)(2) partial overtime exemptions.
- Who's affected
- The letter answers a union representing county 911 dispatchers. Its reasoning is relevant to any FLSA-covered employer that requires paid pre-shift time, and to public or private employers whose CBA is with a union certified as bona fide by the National Labor Relations Board (NLRB).
- What to do
- The letter creates no new duties for employers. Consider confirming that required pre-shift time is counted in weekly hours for overtime, and if you rely on a section 7(b) exemption, check the CBA terms, the hour limits and the records the letter describes.