What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive.  If they do not

Continue Reading Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?

I have blogged many times about cases where relatively small amounts of compensation, bonus type compensation, are not included when an employer calculates the regular rate for overtime and a
Continue Reading COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case

The USDOL has been issuing a slew of Opinion Letters of late, under the stewardship of Cheryl M. Stanton, Administrator of the Wage and Hour Division. Many of these deal
Continue Reading USDOL Issues Interesting Opinion Letter on Car Manufacturer Incentive Payments Use in Meeting Minimum Wage Requirements

The USDOL has been pretty busy lately issuing new rules and interpretations about FLSA issues, including vague, nuanced issues like the inclusion (or not) of bonuses in the regular rate
Continue Reading USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!

The USDOL is busy again issuing Opinion Letters and has again turned its focus to the issue of inclusion/exclusion of bonuses into the regular rate for purposes of overtime computation. 
Continue Reading USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool

Employers always have difficulty knowing what sums should be included in calculation of the regular rate and many employers unwittingly walk themselves into trouble by not knowing the intricacies of
Continue Reading New DOL Rule Adapts The Law To The Modern Workplace By Eliminating Certain Perks From Regular Rate Calculation

Even the most well-intentioned employer who wants to comply with the FLSA will have trouble, as there are many gray, nuanced provisions and regulations in this law, especially on overtime
Continue Reading New DOL Proposed Rule Will Affect What Is included (or Not) in Regular Rate for Overtime Calculation