DOL fact sheet clarifies FLSA rules for retail workers

The Department of Labor's Fact Sheet #6 lays out how the Fair Labor Standards Act applies to retail establishments, offering a primary federal reference for frontline associates, store leaders and HR teams. It clarifies basic obligations such as minimum wage, overtime pay calculated at time-and-one-half after 40 hours in a workweek, and the recordkeeping employers must maintain.

The fact sheet highlights what counts as hours worked for retail staff, including reporting time, waiting time and on-premises obligations that can trigger compensable work. It also explains special rules that sometimes apply to commissioned retail employees and makes clear that job duties, not salary alone, determine whether a position is exempt from overtime. For employers, those distinctions matter for classifying roles, structuring schedules and avoiding wage-and-hour violations.

For Walmart store managers and district HR personnel, the guidance is practical: use the fact sheet when evaluating overtime claims or when deciding how to pay associates who complete tasks before or after scheduled shifts. Accurate time records and consistent policies around clocking in, pre-shift meetings, and on-site waiting can reduce disputes and limit exposure to audits or wage claims. Commissioned pay arrangements also require careful structuring so they meet any applicable exemptions and do not unintentionally eliminate overtime protections.

The document also reinforces employers' recordkeeping duties. Maintaining clear, contemporaneous records of hours worked, start and stop times, and any paid leave or deductions makes it easier to respond to employee inquiries and to defend payroll practices during a review. For managers who train new supervisors, incorporating the fact sheet's definitions and examples into training can improve day-to-day compliance.

Workers should use the fact sheet as a reference point when reviewing pay stubs and timecards. If associates believe hours were miscounted or overtime was underpaid, the fact sheet points toward next steps and directs readers to the Wage and Hour Division for further assistance. The fact sheet is available on the Department of Labor website at dol.gov/agencies/whd/fact-sheets/6-flsa-retail.

For Walmart employees and managers, the takeaway is straightforward: the federal standard for what counts as paid work and how overtime is calculated is explicit, and both sides benefit from clearer records and proactive training. Expect payroll teams and store leaders to lean on this guidance when resolving disputes, designing schedules and auditing timekeeping practices going forward.