Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new round of FLSA opinion letters, including Opinion Letter FLSA2026‑1, which addresses the application of the “learned professional” exemption to a licensed clinical social worker. While much of the letter focuses on familiar exemption principles, one aspect of the DOL’s analysis serves as an important, and often overlooked, reminder for employers: even when an employee clearly qualifies for an exemption, the employer is not required to classify the employee as exempt.
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