Department of Labor issues FLSA guidance in recent opinion letters

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain wage and hour matters under the Fair Labor Standards Act (FLSA). While these opinion letters are nonbinding, courts often defer to these letters when presented with similar issues. The letters also offer employers valuable insight into the DOL’s interpretation of the FLSA and assist employers with implementing certain wage and hours practices in the workplace. Is your workplace compliant?

Reclassification from exempt to nonexempt status

In the first opinion letter of 2026 (FLSA2026-1), the DOL responded to a licensed clinical social worker’s (LCSW) request for an opinion on (1) whether her role as a LSCW meets the criteria for the FLSA’s learned professional exemption; and (2) if so, whether her employer was, nevertheless, permitted to reclassify her as a nonexempt employee and pay her on an hourly basis.

The LCSW had been employed by her employer since 2018. She was previously classified as a salaried exempt professional, and her primary duties included conducting clinical assessments, developing treatment plans, providing crisis intervention, and collaborating with interdisciplinary care teams. Following internal restructuring, the employer eliminated her supervisory responsibilities and started paying her on an hourly basis. This change prompted the reclassification to nonexempt status.