In a recent LinkedIn post, Suzanne Lucas explores two significant clarifications from the Department of Labor (DOL) regarding employee compensation and Family and Medical Leave Act (FMLA) provisions. Lucas highlights how these updates, particularly concerning the transition of salaried exempt employees to hourly pay and the treatment of travel time for FMLA-related medical appointments, could impact both employers and employees.
Lucas begins by addressing a common, albeit surprising, employee reaction to changes in pay structure. She notes that even when an employee is moved from a salaried exempt status to an hourly role, which makes them eligible for overtime pay, some employees react negatively.
“People love to be salaried exempt. If you take an exempt employee and make them hourly, even though they become eligible for overtime payment, they get mad.”
This sentiment, Lucas explains, led to an employee directly contacting the Department of Labor. The DOL’s response, as relayed by Lucas, affirmed that employers can indeed opt to pay employees hourly with overtime, even if the employee’s duties would otherwise qualify them for exempt status.
Understanding the Shift from Exempt to Hourly
Suzanne Lucas points out that this situation underscores a potential disconnect between employee perception and the legal frameworks governing compensation. While the shift to hourly pay with overtime eligibility is often seen as a benefit, providing potential for increased earnings, some employees may view it as a demotion or a loss of status associated with salaried positions.
“The DOL said, yeah, you can always pay by the hour with overtime, even if your duties would qualify you for exemption,” Lucas states, emphasizing the DOL’s confirmation of employer flexibility in this regard.
Intermittent FMLA and Travel Time Clarification
The second key point Lucas discusses revolves around the interpretation of intermittent FMLA leave, specifically concerning travel time to medical appointments. She highlights a DOL clarification that addresses the practicalities of seeking medical treatment under FMLA.
“Additionally, another common sense letter on intermittent FMLA for travel time to the doctor. Until we invent teleportation, travel time needs to be covered.”
Lucas elaborates on this, clarifying that while travel time to and from medical appointments is now more clearly defined as covered under FMLA, it does not grant employees undue freedom. She stresses that the leave is intended solely for the necessary travel associated with medical care and not for unrelated activities.
“This doesn’t mean it’s a free-for-all and you can use FMLA to drive to the doctor and go water skiing,” Lucas explains, drawing a firm line on the appropriate use of this provision. “It’s just the trip to and from the doctor.”
She also touches upon the fact that FMLA leave is generally unpaid, expressing a slight bewilderment, or perhaps a rhetorical query, about the intensity of employee reactions given this aspect.
“That said, FMLA is unpaid, so I’m not entirely sure about the freak out.”
Lucas concludes by acknowledging the importance of these DOL clarifications and expresses gratitude to legal experts Dessi Day and Jeff Nowak for their analysis of the DOL letters, underscoring the value of expert interpretation in navigating complex labor laws.
📝 About This Content
This article is based on insights shared by Suzanne Lucas on LinkedIn.
📅 Originally posted on January 12, 2026 | View original post on LinkedIn →