This week, we examine the U.S. Department of Labor’s (DOL’s) recent opinion letters clarifying critical Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) compliance standards, alongside the growing complexity of the state-level paid leave landscape.

FMLA and FLSA Compliance in 2026: New DOL Opinion Letters and Emerging Risks

While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for Employers:

  • Business Closures: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek.
  • Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification.
  • State-Level Leave: Thirteen states and the District of Columbia now have paid leave laws that interact with the FMLA, creating a complex compliance landscape.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

Mini-Family and Medical Leave Laws: Are You Up to Speed? 

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Epstein Becker Green’s Employment Law 2025 Highlight Reel: 10 Issues That Dominated—and What’s Lurking in 2026
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Susan Gross Sholinsky, Frances M. Green, Nancy Gunzenhauser Popper

Minimum Wages and Exemption Thresholds Adjusted Across the USA
Wage and Hour Defense Blog
Adriana S. Kosovych, Adam Loch

A Pattern of Uncertainty: Judicial Decision-Making During Federal Shutdowns
Commercial Litigation Update
Madeleine Kardek

DOL Clarifies How OT Factors into Bonus Payments
Law360 Employment Authority (subscription required)
Paul DeCamp quoted

Your Workforce. Our Business.® 
As a trusted leader in U.S. employment law, Epstein Becker Green supports employers from a variety of industries in mitigating risks, safeguarding reputations, and enhancing bottom lines. Learn more about our employment, labor, and workforce management services.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

Trouble viewing the video? Please contact thisweek@ebglaw.com and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

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