Opinion letter · United States · Wage and Hour Division

Wage and Hour Division opinion letter addresses hospital pre-shift work, waiting time, de minimis time and rounding

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal

In short

What changed
The Department of Labor's Wage and Hour Division (WHD) issued an opinion letter applying the Fair Labor Standards Act (FLSA) to a hospital's pre-shift work, clock-in waiting time, de minimis claims and time rounding.
Who's affected
The letter answers one employee of a public hospital, but its reasoning is relevant to any employer covered by the FLSA whose non-exempt employees clock in early or whose time is rounded.
What to do
This opinion letter creates no new legal requirement. Employers that round early clock-ins to the shift start, let workers begin tasks before their paid shift, or treat short pre-shift periods as de minimis may want to review those practices against WHD's reasoning.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Are other pre-shift administrative tasks, such as completing accountability documentation, compensable for every job type?

    WHD says the answer depends on each job's principal duties and declined to draw broad conclusions for all of the hospital's employees.

  • How regular or how long must pre-shift work be before it can no longer be treated as de minimis?

    WHD says daily pre-shift work is unlikely to be de minimis but could not conclude either way on the facts given.

  • Can employers whose facts differ from the requester's rely on this letter?

    The letter says it is based exclusively on the facts in the request and that other facts might require a different conclusion.

Related changes

History

  1. Latest · · Issued

    FLSA2026-8: Whether certain pre-shift activities by hospital employees are compensable work and, if so, whether the hospital's practice of rounding employees' clock-in time to their scheduled shift start time is permissible. Source (opens in a new tab)

Sources