Opinion letter · United States · Wage and Hour Division

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.

Added to AmendSignal

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

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.

  • Would required pre-shift time count as hours worked if no contract, custom or practice made it paid?

    The WHD rests its answer on the CBA making the roll call paid and expressly does not decide whether the roll call could be a "preliminary" activity.

  • What steps does a public-sector union take to get the NLRB certification the section 7(b) exemptions require?

    The letter says certification can be relatively routine and started by a letter of request, but gives no steps; it cites WHD Opinion Letter FLSA2004-9 (Sept. 9, 2004) on the point.

Related changes

History

  1. Latest · · Issued

    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)

Sources