#employee-hours
Track employee hours for payroll and compliance
When clocks fall back at 2:00 a.m. on November 1, 2026, a scheduled eight-hour overnight shift becomes nine paid hours under the FLSA — and that ninth hour counts toward the 40-hour overtime threshold. Spring forward is not the mirror image: the hour never worked may be paid voluntarily but is excluded from the regular rate and cannot offset real overtime.
Under the FLSA, on-call hours are paid when employer restrictions keep an employee from using the time freely — the "engaged to wait" test. This guide covers the control factors investigators weigh, sleep-time rules for 24-hour shifts, how flat on-call stipends raise the overtime regular rate, and state rules like California reporting-time pay and city predictive-scheduling ordinances.
DOL Opinion Letter FLSA2026-10 (July 22, 2026) holds that a field engineer's morning calls to schedule customer appointments are integral and indispensable work, which starts the continuous workday and makes the drive to the first job site compensable. Passively receiving dispatch messages is not. Here is how to classify each step of the morning routine, fix mobile timekeeping, and book the reclassified hours.
The $58,656 threshold was vacated — $35,568 is the enforceable level — but salary is only a third of exemption; duties decide the rest, and reclassification lives or dies on time records and the regular rate.
Under SECURE 2.0, any employee who works 500+ hours in two consecutive 12-month periods and is 21 or older must be allowed to defer into your 401(k) — even if your plan requires 1,000 hours. Here's what the IRS's final LTPT regulations require, who qualifies, and the rolling two-year hours-tracking system small businesses need to avoid missed-deferral corrections.
In May 2026, the DOL's Wage and Hour Division ruled in Opinion Letter FLSA2026-7 that time employees voluntarily spend passing through a security checkpoint to leave the premises during a 30-minute unpaid meal break is not compensable under the FLSA. Here's what the ruling covers, what it doesn't change under state law, and five compliance steps for employers with secured facilities.
DOL Opinion Letter FLSA2026-5 (May 28, 2026) confirms an exempt, salaried employee can pick up hourly shifts in a separate non-exempt role without losing exempt status — if the base salary stays untouched, the exempt role remains the primary duty, and the two jobs stay genuinely distinct. Here's how to structure and track dual-role pay.
DOL Opinion Letter FLSA2026-8 holds that integral pre-shift work like patient handoffs is compensable, narrows the de minimis defense when timekeeping systems record punches to the minute, and requires rounding policies to be genuinely neutral — a compliance guide for any employer with hourly workers.
On June 3, 2026, the Third Circuit ruled in Secretary of Labor v. Comprehensive Healthcare Management Services that the FLSA provides no federal remedy for "overtime gap time" — hours worked but paid at neither straight time nor the overtime premium — aligning with the Second Circuit and deepening a split with the Fourth. Here's what gap time is, why state wage laws still create exposure, and five payroll checks every small employer with hourly staff should run.
In January 2026, the DOL's Wage and Hour Division ruled in Opinion Letter FLSA2026-3 that a mandatory 15-minute pre-shift roll call under a collective bargaining agreement is compensable hours worked — but a properly structured FLSA Section 7(b)(1) or 7(b)(2) exemption can absorb that time at straight-time pay instead of an overtime premium. Here's how the thresholds work and what the math looks like for a 20-person dispatch center.
A Nature Human Behaviour trial of 2,896 employees at 141 companies found the four-day workweek cut burnout, held productivity steady, and convinced 90% of firms to keep it. Here's how small businesses handle the payroll side: the 100-80-100 model vs. compressed 4/10 schedules, FLSA overtime rules, California's daily-overtime election process, and the metrics to track in a pilot.
The DOL formally vacated the 2024 overtime rule on May 14, 2026, reverting the federal exempt salary threshold to $684/week ($35,568/year); small employers who reclassified staff in 2024 should re-check duties tests and state thresholds before undoing anything.
