Wage and Hour Division says a paid pre-shift roll call counts as hours worked for overtime under the Fair Labor Standards Act
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.
In short
- 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.
What changed
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From the sourceOpinion
the Division concludes that the “roll call” time must be counted as hours worked and, therefore, must be counted for purposes of determining whether employees work more than 40 hours in a workweek
The WHD concludes that the mandatory 15-minute roll call is hours worked and must be counted when deciding whether employees worked more than 40 hours in a workweek and are owed overtime.
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From the sourceOpinion, A. Hours Worked
the proposed CBA provision would make the roll call time compensable by contract.
Also: Opinion, A. Hours Worked
it must be counted as part of the workweek of each employee who attends roll call, regardless of the number of hours each employee works in that workweek.
The WHD says the roll call is hours worked because the proposed CBA provision would make it paid by contract, and it must be counted in the workweek of each employee who attends, whatever their other hours that week.
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From the sourceBackground
would establish a mandatory 15-minute roll call prior to each scheduled shift to bring employees closer to 2,080 hours per year
Also: Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions
because this time constitutes hours worked, it cannot be excluded from employees’ weekly hours for purposes of determining entitlement to, or the calculation of, overtime.
The WHD says the roll call time cannot be excluded from weekly hours for overtime, even if its only purpose is to bring employees closer to 2,080 hours a year.
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From the sourceOpinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions
However, the proposal you describe could be structured to qualify for either the section 7(b)(1) or 7(b)(2) exemption.
Also: Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions
there is insufficient information about the CBA in your letter to state affirmatively whether the proposed CBA contains language meeting the requirements for either exemption.
The WHD says the proposal could be structured to qualify for the section 7(b)(1) or 7(b)(2) partial overtime exemptions, but it had too little information to say whether the proposed CBA actually meets either one.
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From the sourceGeneral Legal Principles, C. Prior Wage and Hour Division Guidance on Section 7(b)(2)
this letter does not use the term “guaranteed annual employment,” but instead refers directly to the statutory criteria.
The WHD stops describing the section 7(b)(2) exemption as requiring "guaranteed annual employment," a phrase used in some earlier guidance, and refers directly to the statutory hour criteria instead.
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From the sourceFootnote 1
Accordingly, the Division applies a “fair reading” standard to all FLSA exemptions
The WHD says it applies a "fair reading" standard to all FLSA exemptions, including the section 7(b)(1) and 7(b)(2) partial exemptions.
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From the sourceFootnote 3
the Division did not consider the applicability of the partial overtime exemption in section 7(k) for public agency employees engaged in fire protection or law enforcement activities.
Also: Footnote 3
this exemption does not appear to apply.
The WHD did not consider the section 7(k) partial overtime exemption for public agency fire protection and law enforcement employees, and says it does not appear to apply to the dispatchers described.
Who is affected
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From the sourceBackground
You describe yourself as the chairman of a local union that represents a unit of county 911 dispatch workers.
Also: Closing note
This opinion is based exclusively on the facts and circumstances described in your request
Also: Closing note
The existence of any other factual or historical background not contained in your letter might require a conclusion different from the one expressed herein.
The letter answers a request from the chair of a local union representing county 911 dispatch workers, and it rests only on the facts in that request.
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From the sourceFootnote 2
that a bargaining representative be certified by the NLRB as “bona fide” applies to both private-sector and public-sector employee unions.
Also: Footnote 2
Certification by the NLRB for purposes of section 7(b) can be a relatively routine matter, initiated by a letter of request.
The WHD says the NLRB certification needed for the section 7(b) exemptions applies to both private-sector and public-sector unions, and can be a relatively routine matter started by a letter of request.
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Our analysisGeneral Legal Principles, A. The Fair Labor Standards Act
This is true even if there is a custom, contract, or agreement not to pay for the time worked.
Also: General Legal Principles, A. The Fair Labor Standards Act
The FLSA requires covered employers to pay non-exempt employees no less than the federal minimum wage for all hours worked in a workweek.
Although the letter answers one requester, the hours-worked reasoning it applies is general, so other FLSA-covered employers that require paid pre-shift time, such as roll calls or briefings, may find it relevant.
What it means in practice
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Our analysisFootnote 5
the most an employee should work in any week is 41.25 hours
Adding paid pre-shift time to reach a full-time year raises counted weekly hours. Without a section 7(b) structure, weeks with five shifts could pass 40 hours and create overtime: the letter's own schedule math puts the maximum at 41.25 hours a week.
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From the sourceOpinion, B.1. Section 7(b)(1) Exemption
an employer taking the section 7(b)(1) exemption should compute its employees’ hours each week to ensure that no employee for whom the employer is taking the exemption worked more than 1,040 hours in the preceding 26-week period.
The WHD says an employer using the section 7(b)(1) exemption should compute employees' hours each week to make sure no one worked more than 1,040 hours in the preceding 26-week period.
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From the sourceGeneral Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements
the exemption no longer applies to that employee.
Also: General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements
credit any payments already made against the amount of wages due to the employee as a result of the recalculation
If an employee goes over the maximum hours, the exemption no longer applies to that employee, and the WHD says the employer must recalculate pay for the period and pay overtime. The employer may credit payments already made.
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From the sourceOpinion, B.2. Section 7(b)(2) Exemption
once an employee has worked the number of hours guaranteed in the CBA, for all hours an employee works over 40 in a given workweek
Also: Opinion, B.2. Section 7(b)(2) Exemption
for all hours an employee works over 2,080 hours in the 52-week period.
Under section 7(b)(2), the WHD says overtime is still owed once an employee has worked the hours guaranteed in the CBA (for hours over 40 in a week) and for hours over 2,080 in the 52-week period.
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From the sourceClosing
This interpretation may be relied upon in accordance with section 10 of the Portal-to-Portal Act
The letter is an official interpretation that may be relied on under section 10 of the Portal-to-Portal Act.
What to do
AmendSignal analysis sorts these by whether this document changes them.
Already required
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From the sourceGeneral Legal Principles, A. The Fair Labor Standards Act
the statute requires payment “at a rate not less than one and one-half times the regular rate at which [the employee] is employed” to all non-exempt employees for all hours worked over 40 hours in a workweek.
Under FLSA section 7(a), covered employers must pay non-exempt employees at least one and one-half times the regular rate for all hours worked over 40 in a workweek. The WHD reads this to include paid pre-shift roll call time.
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From the sourceGeneral Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements
(2) the employer must pay the employee overtime premiums for all hours worked over 12 in a day or over 56 in a workweek.
Under FLSA section 7(b), employers using the section 7(b)(1) or 7(b)(2) exemption must still pay overtime for all hours worked over 12 in a day or over 56 in a workweek.
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From the sourceGeneral Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements
under either exemption, the employer must comply with the recordkeeping requirements described in 29 C.F.R. Part 516, including maintaining copies of the relevant CBA(s) and NLRB certification(s)
Employers using either section 7(b) exemption must meet the recordkeeping rules at 29 Code of Federal Regulations (CFR) Part 516, including keeping copies of the CBA and NLRB certification, lists of covered employees, daily, weekly and annual hours, and overtime pay.
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From the sourceGeneral Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements
In that case, the employer must recalculate that employee’s earnings for each workweek within the applicable time period and pay overtime premiums for each hour worked over 40 in a given workweek.
When an employee goes over the section 7(b)(1) or 7(b)(2) maximum hours, the WHD reads FLSA section 7 to require the employer to recalculate that employee's pay for each workweek in the period and pay overtime for hours over 40.
Worth considering
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Our suggestionOpinion
the Division concludes that the “roll call” time must be counted as hours worked and, therefore, must be counted for purposes of determining whether employees work more than 40 hours in a workweek
Consider reviewing whether required pre-shift activities that a contract or policy makes paid, such as roll calls, are recorded and counted in weekly hours for overtime.
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Our suggestionOpinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions
However, the proposal you describe could be structured to qualify for either the section 7(b)(1) or 7(b)(2) exemption.
Also: Footnote 2
Certification by the NLRB for purposes of section 7(b) can be a relatively routine matter, initiated by a letter of request.
If you are negotiating added paid time with a union, consider whether the agreement could be drafted to meet section 7(b)(1) or 7(b)(2), including confirming the union's NLRB certification as bona fide.
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Our suggestionOpinion, B.1. Section 7(b)(1) Exemption
an employer taking the section 7(b)(1) exemption should compute its employees’ hours each week to ensure that no employee for whom the employer is taking the exemption worked more than 1,040 hours in the preceding 26-week period.
If you use section 7(b)(1), consider setting up a weekly check of each employee's hours over the preceding 26 weeks in your timekeeping or payroll system.
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Our suggestionFootnote 9
parties can select a guarantee that is likely to minimize overtime liability.
If you use section 7(b)(2), consider choosing the hour guarantee in the CBA with overtime cost in mind, as the letter notes the parties can do.
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Our suggestionClosing
This interpretation may be relied upon in accordance with section 10 of the Portal-to-Portal Act
Also: Closing note
This opinion is based exclusively on the facts and circumstances described in your request
Consider keeping a copy of this letter if you rely on it, and comparing your facts with the requester's, since the letter rests only on those facts.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Would required pre-shift time count as hours worked if no contract, custom or practice made it paid?
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What steps does a public-sector union take to get the NLRB certification the section 7(b) exemptions require?
Related changes
History
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FLSA2026-3: Whether a union and employer can enter into a collective bargaining agreement that mandates a 15-minute “roll call” prior to each scheduled shift but excludes that time when calculating overtime premiums under the FLSA. Source (opens in a new tab)