Mandatory Union Roll Call Pay: DOL Opinion Letter FLSA2026-3

A January 2026 opinion letter addressed a mandatory 15-minute roll call before regular shifts. The Department concluded that the time generally counted as compensable work despite collective-bargaining language.

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Mandatory Union Roll Call Pay: DOL Opinion Letter FLSA2026-3

Quick answer: Mandatory pre-shift roll call generally is work time when employees attend for the employer’s benefit. A collective bargaining agreement cannot simply label compensable time unpaid.

The question presented

FLSA2026-3 involved employees required to attend a 15-minute roll call before each scheduled shift. The meeting communicated assignments and information related to their work.

Why the time counted

Required meetings and briefings generally are hours worked when attendance is mandatory and the activity primarily benefits the employer.

Collective bargaining limits

Unions and employers can negotiate many compensation terms, but private agreements generally cannot waive minimum FLSA rights.

Overtime example

Audit checklist

Frequently Asked Questions

Is mandatory roll call paid?

Generally yes.

Can a union waive the time?

A contract generally cannot waive statutory minimum rights.

Does 15 minutes matter?

Repeated periods can create significant overtime.

Are voluntary meetings always unpaid?

Only when all exclusion conditions are met.

Can premiums offset overtime?

Certain qualifying premiums may be creditable.

Official Sources

This article is for general educational purposes and is not legal, tax, accounting, payroll, or employment advice. Rules can change and may differ by state, locality, occupation, employer, and employee circumstances.

Reviewed for accuracy by the OvertimePayUSA editorial team using official labor sources such as the U.S. Department of Labor and state agencies.
Official Sources

This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.

Frequently Asked Questions

Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.
Can a union waive the time?
A contract generally cannot waive statutory minimum rights.
Does 15 minutes matter?
Repeated periods can create significant overtime.
Are voluntary meetings always unpaid?
Only when all exclusion conditions are met.
Can premiums offset overtime?
Certain qualifying premiums may be creditable.