{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-04",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 58,
        "url": "https://amendsignal.com/changes/wage-and-hour-division-says-a-paid-pre-shift-roll-call-counts-as-hours-worked-for-overtime-under/",
        "title": "Wage and Hour Division says a paid pre-shift roll call counts as hours worked for overtime under the Fair Labor Standards Act",
        "change_type": "guidance",
        "change_type_label": "Opinion letter",
        "status": "guidance_issued",
        "status_label": "Issued as agency guidance",
        "status_statement": "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.",
        "significance": "No new requirements",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Wage and Hour Division",
            "short_name": "WHD"
        },
        "identifiers": [
            {
                "type": "opinion_letter_number",
                "label": "Opinion letter",
                "value": "FLSA2026-3"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-01-05",
                "precision": "day"
            }
        ],
        "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.",
            "whos_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."
        },
        "summary": "The Department of Labor's Wage and Hour Division (WHD) issued an opinion letter saying that a mandatory 15-minute pre-shift roll call made paid by a collective bargaining agreement (CBA) counts as hours worked under the Fair Labor Standards Act (FLSA) and cannot be left out of overtime calculations. The WHD adds that such an agreement could be written to qualify for the FLSA's section 7(b)(1) or 7(b)(2) partial overtime exemptions, which require a union certified as bona fide by the National Labor Relations Board (NLRB). The letter answers one requester's facts and creates no new legal requirement.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "human-resources",
                    "name": "Human resources"
                },
                {
                    "slug": "payroll",
                    "name": "Payroll"
                },
                {
                    "slug": "labor-relations",
                    "name": "Labor relations"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "added_on": "2026-11-03",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/wage-and-hour-division-says-a-paid-pre-shift-roll-call-counts-as-hours-worked-for-overtime-under/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, A. Hours Worked",
                        "excerpt": "the proposed CBA provision would make the roll call time compensable by contract."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, A. Hours Worked",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Background",
                        "excerpt": "would establish a mandatory 15-minute roll call prior to each scheduled shift to bring employees closer to 2,080 hours per year"
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "However, the proposal you describe could be structured to qualify for either the section 7(b)(1) or 7(b)(2) exemption."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, C. Prior Wage and Hour Division Guidance on Section 7(b)(2)",
                        "excerpt": "this letter does not use the term “guaranteed annual employment,” but instead refers directly to the statutory criteria."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 1",
                        "excerpt": "Accordingly, the Division applies a “fair reading” standard to all FLSA exemptions"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 3",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 3",
                        "excerpt": "this exemption does not appear to apply."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Background",
                        "excerpt": "You describe yourself as the chairman of a local union that represents a unit of county 911 dispatch workers."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Closing note",
                        "excerpt": "This opinion is based exclusively on the facts and circumstances described in your request"
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Closing note",
                        "excerpt": "The existence of any other factual or historical background not contained in your letter might require a conclusion different from the one expressed herein."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 2",
                        "excerpt": "that a bargaining representative be certified by the NLRB as “bona fide” applies to both private-sector and public-sector employee unions."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 2",
                        "excerpt": "Certification by the NLRB for purposes of section 7(b) can be a relatively routine matter, initiated by a letter of request."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, A. The Fair Labor Standards Act",
                        "excerpt": "This is true even if there is a custom, contract, or agreement not to pay for the time worked."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, A. The Fair Labor Standards Act",
                        "excerpt": "The FLSA requires covered employers to pay non-exempt employees no less than the federal minimum wage for all hours worked in a workweek."
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 5",
                        "excerpt": "the most an employee should work in any week is 41.25 hours"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B.1. Section 7(b)(1) Exemption",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "the exemption no longer applies to that employee."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "credit any payments already made against the amount of wages due to the employee as a result of the recalculation"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B.2. Section 7(b)(2) Exemption",
                        "excerpt": "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"
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B.2. Section 7(b)(2) Exemption",
                        "excerpt": "for all hours an employee works over 2,080 hours in the 52-week period."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The letter is an official interpretation that may be relied on under section 10 of the Portal-to-Portal Act.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Closing",
                        "excerpt": "This interpretation may be relied upon in accordance with section 10 of the Portal-to-Portal Act"
                    }
                ]
            }
        ],
        "required_actions": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, A. The Fair Labor Standards Act",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "(2) the employer must pay the employee overtime premiums for all hours worked over 12 in a day or over 56 in a workweek."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "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)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "However, the proposal you describe could be structured to qualify for either the section 7(b)(1) or 7(b)(2) exemption."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 2",
                        "excerpt": "Certification by the NLRB for purposes of section 7(b) can be a relatively routine matter, initiated by a letter of request."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B.1. Section 7(b)(1) Exemption",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 9",
                        "excerpt": "parties can select a guarantee that is likely to minimize overtime liability."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Closing",
                        "excerpt": "This interpretation may be relied upon in accordance with section 10 of the Portal-to-Portal Act"
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Closing note",
                        "excerpt": "This opinion is based exclusively on the facts and circumstances described in your request"
                    }
                ]
            }
        ],
        "required_actions_assessment": null,
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Public and private employers covered by the FLSA that require paid pre-shift time; the section 7(b) points reach those with a CBA with an NLRB-certified union.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, A. The Fair Labor Standards Act",
                        "excerpt": "The FLSA requires covered employers to pay non-exempt employees no less than the federal minimum wage for all hours worked in a workweek."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Footnote 2",
                        "excerpt": "that a bargaining representative be certified by the NLRB as “bona fide” applies to both private-sector and public-sector employee unions."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "The letter sets no size threshold; it refers to employers covered by the FLSA.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, A. The Fair Labor Standards Act",
                        "excerpt": "The FLSA requires covered employers to pay non-exempt employees no less than the federal minimum wage for all hours worked in a workweek."
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries; the facts involve county 911 emergency dispatch in local government.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Background",
                        "excerpt": "You describe yourself as the chairman of a local union that represents a unit of county 911 dispatch workers."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Payroll, timekeeping, labor relations and compliance teams.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "General Legal Principles, B. Partial Overtime Exemptions for Specific Collective Bargaining Agreements",
                        "excerpt": "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)"
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "You require paid pre-shift time such as a roll call, or you use or are considering a section 7(b)(1) or 7(b)(2) partial overtime exemption.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, A. Hours Worked",
                        "excerpt": "the proposed CBA provision would make the roll call time compensable by contract."
                    },
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "However, the proposal you describe could be structured to qualify for either the section 7(b)(1) or 7(b)(2) exemption."
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Count required paid pre-shift time toward overtime, and check CBA terms if relying on section 7(b).",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf",
                        "locator": "Opinion, B. Applicability of 7(b)(1) and 7(b)(2) Exemptions",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Would required pre-shift time count as hours worked if no contract, custom or practice made it paid?",
                "context": "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."
            },
            {
                "question": "What steps does a public-sector union take to get the NLRB certification the section 7(b) exemptions require?",
                "context": "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."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-01-05",
                "summary": "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": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "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.",
                "publisher": "Wage and Hour Division",
                "role": "primary",
                "url": "https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-3.pdf"
            }
        ]
    }
}