
Your Commissioned Employees, State Minimum Wage, and a Federal Overtime Exemption: What DOL Opinion Letter FLSA2026-4 Actually Changes
DOL opinion letter FLSA2026-4 (January 2026) confirms the Section 7(i) overtime exemption for commissioned retail and service employees is measured against the federal minimum wage — a regular rate above $10.875/hour — not higher state rates, and clarifies that service charges count as commissions while tips generally don't.










