On September 7, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released three opinion letters addressing, respectively, managers’ and supervisors’ participation in tip pools when performing tipped work, the compensability of walking time to and from employer-designated areas during an hour-long unpaid meal period, and whether exempt nonprofit employees may volunteer for their employer outside normal work hours.
Quick Hits
Managers and supervisors who meet the FLSA’s executive duties test generally may not participate in tip pools or tip shares, even when performing tipped work, but may retain tips received solely and directly for services they personally provide.
Nonprofit exempt employees may volunteer for their employer only if their services are freely performed, there is no expectation of pay, and the work differs from the work they are employed to perform; if these conditions are not met, they can work without additional compensation so long as their… Read the complete article here...
© 2026, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.