On January 5, 2026, the U.S. Department of Labor's Wage and Hour Division (DOL) issued Opinion Letter FLSA2026-3, addressing whether a mandatory 15-minute pre-shift roll call period, which was negotiated into a collective bargaining agreement (CBA) solely for the purpose of bringing employees closer to a typical full-time working year of 2,080 hours (40 hours per week x 52 weeks), can be excluded from hours worked when calculating overtime premiums under the Fair Labor Standards Act (FLSA or Act). The opinion letter addresses not only the compensability of hours spent on the job, but also the extent to which potential CBA provisions can work around the compensability presumption when it comes to overtime.
Key Takeaways
Roll Call Time Is "Hours Worked" Under the FLSA and Counts Toward Overtime
The opinion letter arose in response to negotiations between a local union representing 911 dispatch workers and the county that employs them. The parties considered several schedule proposals to bring employees closer to a full-time schedule totaling 2080 hours per year. One proposal sought to establish a mandatory 15-minute roll call that would be considered "hours worked" but excluded from the calculation of overtime. The union sought guidance from DOL regarding the FLSA's treatment of the mandatory 15-minute roll call.
In the opinion letter, DOL concluded that a mandatory 15-minute roll call prior to each scheduled shift must be included in total hours worked for purposes of calculating overtime. This is because, under the Act, time during which an employee is required to be on duty or to be on the employer's premises is generally considered hours worked. Because a pre-shift roll call requires employees to be on the employer's premises, it constitutes hours worked and must be compensated and counted toward the total workweek hours used to determine overtime eligibility. Accordingly, even if roll calls' sole purpose is to bring an employee's annual hours closer to a traditional full-time schedule, it cannot be excluded from the overtime calculation simply on that basis.
Partial Overtime Exemptions Under Sections 7(b)(1) and 7(b)(2)
Although pre-shift roll call time must be included in the overtime calculation, the opinion letter highlights that, depending on the specific terms of the CBA, employers and unions may structure agreements to invoke partialovertime exemptions available under sections 7(b)(1) and 7(b)(2) of the FLSA. Both exemptions require that: (1) the employee be employed pursuant to a CBA between the employer and a "bona fide" union that is certified by the NLRB, and (2) the employer must pay the employee overtime premiums for all hours worked over 12 in a day or over 56 in a workweek. Id. § 207(b)(1), (2).
In addition to these two requirements, for section 7(b)(1) to apply, the CBA must also state that the employee will not work more than 1,040 hours in any consecutive 26-week period. Id. § 207(b)(1). For section 7(b)(2) to apply, the CBA must also: (1) set a pay rate for all worked or guaranteed hours; (2) guarantee during a specified 52-week period a minimum of 1,840 hours (or 46 normal 30-hour weeks) and a maximum of 2,080 hours; (3) cap total work hours at 2,240 in the 52-week period; and (4) provide overtime pay for hours exceeding the guaranteed amount that also exceed 40 in a workweek, and for all hours over 2,080 annually. Id. § 207(b)(2). Under either section, if the employee works more than the specified maximum, the exemption no longer applies to that employee, and 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.
What This Means for Employers and Labor Negotiators
Parties negotiating collective bargaining agreements should be aware that when a CBA requires employees to perform pre-shift work activities, like roll call or safety briefings, that time generally must be treated as compensable hours worked under the FLSA and included in overtime calculations, regardless of how the time is labeled or scheduled. Employers and unions seeking to leverage the partial overtime exemptions under sections 7(b)(1) or 7(b)(2) must pay careful attention to the structure and language of their CBAs to ensure they satisfy the statutory requirements for an exemption. Even with these overtime exemptions, mandatory pre-shift activities, like roll call, remain compensable hours worked.
Practical Tips for Employers
- Review CBAs and scheduling policies to identify mandatory pre-shift and post-shift activities that may be compensable.
- Ensure payroll systems capture all compensable time in compliance with the FLSA's overtime and minimum wage provisions.
- Consult counsel when structuring exemptions under sections 7(b)(1) and 7(b)(2) to ensure compliance with strict statutory requirements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
